Oops, never mind -- yes it did. My mistake. On Thu, Apr 1, 2010 at 12:33 PM, Lear Cale <lear.c...@gmail.com> wrote:
> The previous patent clause did not do what you claim it did. > > On Thu, Apr 1, 2010 at 11:58 AM, Jonathan Bishop < > bish...@bishopphillips.com> wrote: > >> > Simon Disk: >> >> > Could be wrong but I read the new ToS as lumping patent rights under >> Intellectual Property Rights and then compelling the user to grant a license >> under IPR (and therefore also patent rights)… >> >> >> >> Yes. I agree. That seems to be the case. S4.1, S7.1, and S7.2, however >> don’t seem to do what the previous patent peace clause did however. This >> one entitles LL to deal with the IP, but it does not extinguish the right >> for an creator to assert patent rights over content with respect to the >> created content of other creators, so it does not seem to go as far in >> ensuring patent peace as the previous TOS. In fact by grouping patents with >> copyright and trademarks under IP it looks to me like it might have the >> opposite effect – to actively endorse the establishment and assertion of >> such rights with respect to patents. >> >> >> >> I wonder if this was intended. There are strong arguments on both sides >> of the view, but given Ginsu Linden’s (Linden Lawyer) previous strong >> pronouncements against patents in software generally and specifically in the >> context of user generated content in SL, a TOS that appears to omit the more >> encompassing patent peace clause is surprising. >> >> >> >> No doubt there is a reason for it, but I can’t see the intrusion of patent >> protection into SL content as beneficial for innovation and advancement of >> the VW concept at this early stage in the game. >> >> >> >> >> >> Regards >> >> >> >> *Jonathan Bishop** >> **Managing Director* >> >> * * >> >> ** >> >> *Bishop Phillips Consulting* | Melbourne, Australia – Vancouver, Canada >> Mobile +61 411.404.483 | Office +61 (3) 9525.7066 | Fax +61 (3) 9525.6080 >> bish...@bishopphillips.com | www.bishopphillips.com** >> >> * * >> >> >> >> >> ------------------------------ >> >> *From:* opensource-dev-boun...@lists.secondlife.com [mailto: >> opensource-dev-boun...@lists.secondlife.com] *On Behalf Of *Simon Disk >> *Sent:* Thursday, 1 April 2010 11:48 PM >> *To:* opensource-dev@lists.secondlife.com >> *Subject:* Re: [opensource-dev] New TOS - Compulsory patent licensing >> gone? >> >> >> >> Could be wrong but I read the new ToS as lumping patent rights under >> Intelectual Property Rights and then compelling the user to grant a license >> under IPR (and therefore also patent rights). >> >> >> >> Under section 4.1 it defines IPR as: >> >> >> >> "Intellectual Property Rights" means copyrights, trademarks, service >> marks, trade dress, publicity rights, database rights, *patent rights*, >> and other intellectual property rights or proprietary rights recognized by >> law. >> >> >> >> Then under section 7.1: >> >> >> >> You retain any and all *Intellectual Property Rights* you already hold >> under applicable law in Content you upload, publish, and submit to or >> through the Servers, Websites, and other areas of the Service, subject to >> the rights, licenses, and other terms of this Agreement, including any >> underlying rights of other users or Linden Lab in Content that you may use >> or modify. >> >> >> >> Then under 7.2: >> >> >> >> You agree that by uploading, publishing, or submitting any Content to or >> through the Servers, Websites, or other areas of the Service, you hereby >> automatically grant Linden Lab a non-exclusive, worldwide, royalty-free, >> sublicenseable, and transferable license to use, reproduce, distribute, >> prepare derivative works of, display, and perform the Content solely for the >> purposes of providing and promoting the Service. >> >> _______________________________________________ >> Policies and (un)subscribe information available here: >> http://wiki.secondlife.com/wiki/OpenSource-Dev >> Please read the policies before posting to keep unmoderated posting >> privileges >> > >
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