This includes the new "Branding Guidelines", which I've included below:
Branding GuidelinesThis is what I want to know:
Branded items may be listed or sold only by the brand or intellectual property owner or its authorized agents. A "branded item" is an item that:
* contains or uses a brand name or logo;
* replicates or closely imitates the appearance of a real-world physical product of a brand owner (for example, items that replicate the appearance of brands of cars, jewelry, or shoes that are available in the real world);
* replicates or closely imitates the appearance of a celebrity, famous person, or fictional character from a copyrighted work (for example, avatars that replicate the appearance of movie stars or characters from a book, film, television program, or game); or
* replicates or uses an artistic or creative work that is the subject of copyright (for example, virtual artwork that replicates artwork available in the real world or a sound clip that includes part of a song recording).
"Brand names" include product names; service names; company names; organization names; trade names; designer names; trademarks; service marks; celebrity names; famous persons' names; the unique names of well-known books, films, television programs, games, and other works that are the subject of copyright; and the unique names of well-known fictional characters from copyrighted works.
Be careful not to make comparisons to a brand name or say that your item is "like," "inspired by," or "based on" a brand name because this can be misleading and can lead to intellectual property infringement.
When including pictures in your listings, use a picture that accurately represents your item so that buyers are not confused about what you're selling. Never copy or use someone else's pictures or logos without their permission.
If you are a brand or intellectual property owner or the authorized agent of one, consider making others aware of this information by including it in your listing.
If we receive a complaint from a brand or intellectual property owner, or if we believe in good faith that your listing violates these Branding Guidelines or intellectual property law, we reserve the right to remove your listing and content (including content in Second Life associated with the listing) and in severe or repeat cases revoke your Xstreet SL and Second Life privileges.
You are responsible for ensuring that your listings and content comply with applicable intellectual property laws. Please be aware that your compliance with these Branding Guidelines does not guarantee your compliance with all intellectual property laws. For general information about intellectual property and our intellectual property complaint procedures, please go here. If you need advice on intellectual property law, we suggest you contact an attorney.
This Is Acceptable:
* An item that uses a brand name (like Gucci®, Nike®, or Rolex®) can be listed only if the item is officially offered or authorized by the brand owner (for example, Gucci America, Inc., Nike, Inc., or Rolex Watch U.S.A., Inc.).
* An item that uses a celebrity or famous name (like Angelina Jolie or Barack Obama) can be listed only if the item is officially offered or authorized by the celebrity or famous person (for example, Angelina Jolie or Barack Obama).
* A virtual car that looks like a particular brand of cars (like Mercedes-Benz®) and uses the logo of the brand can be listed only if the virtual car is officially offered or authorized by the brand owner (for example, Daimler AG).
* An avatar that has the appearance of a fictional character from a copyrighted work (like Darth Vader or Wonder Woman) and uses the character name can be listed only if the avatar is officially offered or authorized by the intellectual property owner of the character (for example, Lucasfilm Entertainment Co. Ltd. or DC Comics).
* Virtual artwork that replicates copyrighted artwork that is available in the real world (like the artwork of Andy Warhol or M.C. Escher) can be listed only if the virtual artwork is officially offered or authorized by the intellectual property owner of the artwork (for example, The Andy Warhol Foundation for the Visual Arts, Inc. or The M.C. Escher Company B.V.).
This Is NOT Acceptable:
* A virtual sneaker named after a sneaker brand available in the real world (like Adidas® or Converse®) cannot be listed if the listing party is not the brand owner (for example, Adidas America, Inc. or Converse Inc.) or officially authorized by the brand owner.
* A virtual t-shirt with the logo of a real-world brand (like a Mickey Mouse® logo or an NFL® logo) cannot be listed if the listing party is not the brand owner (for example, Disney Enterprises, Inc. or the National Football League) or officially authorized by the brand owner.
* Virtual furniture with the distinctive appearance of a brand of furniture available in the real world (like the Eames® lounge chair and ottoman) cannot be listed if the listing party is not the brand owner (for example, Herman Miller, Inc.) or officially authorized by the brand owner.
* An avatar that has the appearance of a celebrity (for example, Elvis Presley or Marilyn Monroe) cannot be listed if the listing party is not the owner of the celebrity's right of publicity (or the right to use the celebrity's appearance, for example, Elvis Presley Enterprises, Inc. or Marilyn Monroe LLC) or officially authorized by the celebrity rights owner.
* Lists of unrelated brand names cannot be included in a listing or hidden by using white-on-white text, tiny fonts, special HTML code, or other means intended to circumvent the rules. (See also Keyword Spam below.)
* Misspelling brand names or adding, removing, or swapping some characters to try to circumvent the rules, for example, using the number "1" instead of the letter "I" or a dollar sign "$" instead of the letter "S," is not allowed.
1. What happens to once-copyrighted items that are now in the public domain? Are they now also banned because someone once registered them for copyright?
2. What happens to the roleplay groups who play Jedi and Sith in the Tatooine sim? What happens to the roleplay groups of Time Lords and Gallifreyans who roleplay Dr. Who? What happens to the several different styles of StarGate systems, which may or may not be called StarGates? Many items they play with come off XStreetSL, like uniforms, TARDIS rooms, lightsabers...
3. What happens to Gor? TONS of Gorean items on XStreet, what happens to them?
My biggest question, though? Why in the hell are they doing this? Who's been telling them SL is in violation of copyright? (Note: I'm not saying that all of SL is free of these issues; I'm asking who complained.) Because this is so wide and sweeping a policy--and if it's implemented on XStreet, you can bet in less than a month it will show up on Second Life at large--it seems absolutely inconceiveable this wasn't a crackhead idea developed by the Lindens themselves.
EFF agrees that copyright in Second Life is a mess.
Abuse reports auto-reject reports of copyright infringement.
[19:02] Winter Ventura: I would really like a world in which the Lindens don't try to blow up the economy every thirty days
[19:08] Emilly Orr: They're doing everything they can to make their game fail.
[19:08] Winter Ventura: They're doing everything they can to chase away everyone who loves this game.
This? Is sheer insanity.
(I also had to grab this, while I was reading over the new guidelines:
All uploaded or posted material falling under any of the following definitions of "Adult" content must be marked as such by checking the "Adult" checkbox in the Add or Update Item page for the material:
- Patently offensive, obscene, vulgar, or profane language.
- Visual depictions of death, dismemberment, or serious bodily injury.
- Visual depictions of patently offensive sexual conduct including, but not limited to, sex acts between consenting parties and masturbation.
- Visual depictions of nudity including, but not limited to, exposed pubic area, genitalia, buttocks, and female nipples.
However, "Adult" content does not include any of the following material, which is not allowed to be uploaded or posted on the Xstreet SL marketplace under any circumstances:
- Explicit sexual material depicting minors (person(s) under the legal age, mental, or physical capacity to give consent);
- Explicit sexual material involving any person(s) without the consent of all parties involved (i.e., rape).
The terms "party" and "person" as used above include avatars.
We may remove listings that contain "Adult" content if they are not marked as such.
So...let me get this straight: depictions of non-consensual sex are not allowed, ever. Okay. Depicting underage non-consensual sex are not allowed, ever. Okay.
I get both of those.
Depictions of consenting sex between adults; depictions of any level of nudity, INCLUDING rear nude shots where only the rear of the avatar is shown at ALL; THAT is "patently offensive".
They're going to ban all sexual content soon. I have this feeling. It's very nearly a prophetic vision. Wanna take bets on how soon I'm going to be right?