Legal Arguments

I am suggesting this thread for discussion about how legal arguments may flow, in a general sense. Definitions of terms and examples can go under Legal Terms, a different thread. (Short reminders can be included inside more plain language, here.)

I am becoming an ardent fan of Vye, so here is another post from him. I think this addresses the claims of overuse nicely AND gets back to the point. Yay!

http://forums.secondlife.com/showthread.php?p=2204652#post2204652

Unread Today, 12:26 AM #38
Vye Graves
Registered User

Join Date: Jun 2007
Posts: 112

Well, in fairness, if this were like email, and someone was using it for spam, it would be valid to talk about "abuse". In that they are using it exactly as it was provided, just in an excessive and abusive way. But... LL has kind of hung themselves on that.

They themselves set the cap on avatars we can have on a sim. They have capped the size of teh textures. They control script time. They control how many prims we can have. This is not an unregulated service, and they chose to present this service as it was presented. The uses were not unforseen, they just had to, like, see how they were being used.

So when they come and say "Well, we expected you to interpret our idea of overuse when we can't even really define overuse and can;t even present you with tools to figure it out yourselves."

well, come on. Sure, i can abuse my email by sending pr0n to random people, and the only way they could police that is by invading the privacy of my emails. That's a problem that SHOULD be addressed by terms of use. LL not only had the ability to limit this supposed excess technically before sale, but they didn't even bother to really define what excess is in terms of use.

So, sucks to be LL. They can deal with their lack of foresight. Defining it now in such a way that it undermines the value and enjoyment of the service they marketed, and repricing it in punitive fashion almost twice what it was before is a bad faith practice and I think more than borderline illegal. That is a problem with the ethics of the people doing business, not some sort of excess on the openspace owner's part.

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