Wednesday, August 17, 2011

The ever evolving, ever confusing ToS Agreement

Just a quick not ehere of something that is quite annoying, and something that I personally feel should be explained at least from my point of view.

First off, I am not a lawyer by any means ( I can't stand to wear a tie) but everyone thinks they are at some point right? I want to bring attention to the issue of logging and sharing IM's.

Within the Community Standards part of the ToS we have a note on disclosure that covers conversations including IM's. This was taken directly from Second Life site:

  1. Disclosure

    Residents are entitled to a reasonable level of privacy with regard to their Second Life experience. Sharing personal information about your fellow Residents without their consent -- including gender, religion, age, marital status, race, sexual preference, alternate account names, and real-world location beyond what is provided by them in their Resident profile -- is not allowed. Remotely monitoring conversations in Second Life, posting conversation logs, or sharing conversation logs without the participants' consent are all prohibited.
One must consent to having theor information shared or conversations released. Now according to this anyone can log conversations as much as they want, that is not the issue and is not against the ToS. The minute you take that log and share it, post it, or use it in any way other than personal use violates the ToS agreement. Conesent is not made simply because a person has listen in their profile that they log and release IM's. In fact people that add this to profiles because they think it releases them from ToS are making a mistake.

con·sent

[kuhn-sent] Show IPA
verb (used without object)
1.
to permit, approve, or agree; comply or yield (often followed by to  or an infinitive): He consented to the proposal. We asked her permission, and she consented.
2.
Archaic . to agree in sentiment, opinion, etc.; be in harmony.
 
The definition itself. A verb mind you meaning that it requires some sort of action. That action is an agreement. If you IM a person it does not mean that you agree by their terms. It means you would like to talk with them. If they have in their profile that they log IM's and you do not wish to be logged....don't IM them (arguing ToS with people is completely useless, as everyone sees it differently). Consent must be asked and accepted, ex. "Is it alright if I log this conversation?" or "I log my IM's is that ok?". This still does not mean that those IM's can be released however. It is still against the ToS to release IM's without consent of the party. So you would also need to ask in the IM itself "Is it ok if I release this IM at some point?" The answer here had better be yes if you release it, if it is no you ahve violated ToS.
 
Just a note.
 
See you in world (but dont release my IM's)
-Viktorious-

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