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Old 04-02-2008, 09:53 PM   #276 (permalink)
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Old 04-03-2008, 01:08 PM   #277 (permalink)
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I just waded through all 12 pages and let me just say, "wow."'

I am really surprised at LL's response to the email that was sent to them ... "unlikely" and have 90 days to remove. Now that communities like these have helped sustain the SL community, they're grown large (and most probably shaping up for an acquirer), they're just shafting us.

I totally understand their need to enforce their brand name (that article that was posted earlier by Flip was excellent) and see no problem in that, really. However, to deny special exceptions to prominent sites that were previously allowed to use it, is absurd.

I have a feeling that in 90 days, they will start the cease and desist letters. Linden's really don't have to enforce this, just their ravaging lawyers they'll unleash upon us.

Personally, I know I have to do a lot of website cleanup to become compliant. But hell, I'm probably not even eligible for their "inSL" logo because of their "PG" standards required (the in-game content is definitely mature, but the website isn't).
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Old 04-04-2008, 02:55 AM   #278 (permalink)
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Dear Linden Lab®,

Your recent change of policy regarding the usage of your trademarks — Second Life®, Linden Lab®, and others registered by Linden Research Inc. — will effectively prevent the operation of the very vibrant community of bloggers, forum posters, websites, community portals, and even 3rd party services, that have provided Linden Lab® with links and driving traffic to your blog, and raising brand awareness for free for your product Second Life®.

Probably thousands — if not dozens of thousands — of sites include (now illegitimately) the name “Second Life®” or “SL®” somewhere in their names. From sites like Reuters (which has a Second Life® channel) to whole companies that have a “Second Life® Division” (and promotes your product by the explicit naming of it), a plethora of online communities, products, and services — some free, other commercial, many in the limbo between both extremes — include, in some way, your registered trademarks.

Your previous policy, established in May 2004 (”Second Life® Fansite Tolkit”), and later reinforced with referral programmes like “Viva La Evolution”, positively encouraged the widespread use of your trademarks, so long as it was quite clearly displayed that no infringement was intended. To requote your own terms of agreement for the usage of your trademarks:

Quote:
USE OF SECOND LIFE MARKS

While you are in full compliance with the usage guidelines described here, you may use the “Second Life” name on your website, as well as the related logos and graphics available at Toolkit, solely in the form described there. Additionally, you may use screenshots from Second Life to the extent that Linden Lab has the right to authorize use of the content within such screenshot, including screenshots of Linden in-world objects and Linden avatars, subject to these usage guidelines.
Under those very friendly terms, a plethora of fansites of all sorts popped up, driving traffic to Second Life®’s main website, its blogs, forums, and other related sites — making SL®’s own ranking quite high on Google, Alexa, and other systems — while at the same time, in a period of a little less than four years, allowing the number of registered users to skyrocket from 10,000 to 13 million.

Fansites, blogs, 3rd party sites, Second Life®-related online communities, 3rd party sites that create products and services related to Second Life® are the “off-world” counterpart of the dynamic and enthusiastic community that made Second Life®, as a brand, get world-wide recognition — without the need for Linden Lab® to spend millions in advertising and campaigns on the media. We worked for free on the promotion, brand awareness, and market recognition of your products — while, at the same time, we also worked for free creating the fantastic content of the 3D environment that makes Second Life® a place worth to visit, to enjoy, to chat, to socially connect, to do business, and launch the pillars of the upcoming metaverse — fulfilling Philip ‘Linden®’ Rosedale’s dream of having more users in Second Life® than on the Web.

We’ve been the ones ultimately promoting that vision, spreading it around, and making sure that the world noticed your product and your brand. We were very successful — thanks to your gentle and encouraging former policies.

And for four years, you have been thankful enough to allow us to do that promotion, by establishing very reasonable and clear guidelines of the terms of usage of your trademarks.

Your sudden reversal of position — effectively limiting the display of the name “Second Life®” on most sites, domain names, products, and services, through a mechanism of explicit approval that you fully admit “can take long and might never finish” and will only be available to a very limited number of sites — means that suddenly all the off-world promotion of Second Life® will necessarily have to stop; or face a lawsuit in court; or, at the very least, receive a Cease & Desist letter from your lawyers and be forced to shut down.

The current terms can be aggressively enforced or not. According to your blog, we are supposed to have a 90-day grace period to remove all mentioning of Second Life® and its logo from our fansites, blogs, forums, or 3rd party sites offering products and services related to Second Life®. In fact, what this means is that we are forced not to talk about Second Life® any more — or, if we do, we cannot explicitly name the product at all.

This is, obviously, absurd.

The compromise between Linden Research Inc. (owners of the registered trademarks) and the community of volunteers that have so faithfully promoted your product, Second Life®, was quite clear for the past four years. We had clear guidelines of what we could do and what we couldn’t. Abuses could still be effectively dealt with by your legal department; to the world’s knowledge, these cases were few and scattered, if any. They were not significative to prevent a vast number of dozens of thousands of sites of all sorts to draw traffic to your own site; to reach out the huge audience on the Internet; and to drive new users to register. The numbers fortunately speak for themselves: with almost zero promotional costs, you managed to grow a thousand times in four years, thanks to crowdsourcing the promotion of Second Life®.

The “inSL” programme is definitely interesting, but a small new logo, worthless to an audience of hundreds of millions of users that are familiar with the eye-on-hand logo, without a massive campaign of promotion behind it to reflect the logo change, is not enough. “inSL” doesn’t say much, and it cannot be expanded to talk and promote Second Life® directly. And, anyway, the same restrictions apply to the usage of “inSL” as with all your other trademarks. We appreciate the grant to use that new logo, but we also feel it will be unable to gather the same support and promotional effort as the old logo and the product name did in the past four years.

We would thus kindly request that you clarify your position regarding the usage of the trademarks Second Life® and the logo on all fansites, blogs, forums, or other 3rd party websites offering products and services related to Second Life®. This clarification should be as easy to follow as your previous policies on the usage of those trademarks. They should make clear that all people intending to promote your product and raise your brand awareness are not facing lawsuits because they have faithfully used your trademarks using the old policy, and wish to continue to do so in the future.

We consider that an appropriate response should be forthcoming in the next few days, or we will be forced to shut down our own blogs, websites, forums, community portals, and other 3rd party sites to avoid litigation — and thus deprieving Linden Lab® from the traffic generated by millions of direct links and millions of viewers that learn first about Second Life® through all those sites.
Gwyn’s Home » Second Life® Bloggers Require Clarification
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Old 04-04-2008, 05:42 AM   #279 (permalink)
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Quote:
Originally Posted by Cubey Terra View Post
If LL takes legal action against SLU for the sluniverse.com domain name that not only complied with previous rules, but also had the blessing of Linden Lab, I will shut down all of my activities in SL, close my Cubey Terra account, and use all of my spare time to convince anyone who will listen to go anywhere but SL for a metaverse presence. I can't believe they would use threats against the very people who promoted SL the most. This is inexcusable. I'm disgusted that they would turn on their user base with a 90 day ultimatum.
Cubey,

Thank you for saying this - I am incredibly touched by it. The more I read about what they are demanding, the angrier I get about it. I am hoping that enough negative response will cause them to back off, but they have shown such blatant disregard for their users that I doubt anything will get through to them, especially since this particular action seems targeted to punish the very people who have stupidly supported them all along.
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Old 04-04-2008, 11:30 AM   #280 (permalink)
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Originally Posted by Cubey Terra View Post
If LL takes legal action against SLU for the sluniverse.com domain name that not only complied with previous rules, but also had the blessing of Linden Lab, I will shut down all of my activities in SL, close my Cubey Terra account, and use all of my spare time to convince anyone who will listen to go anywhere but SL for a metaverse presence. I can't believe they would use threats against the very people who promoted SL the most. This is inexcusable. I'm disgusted that they would turn on their user base with a 90 day ultimatum.
Cubey and Cris, I will do exactly the same. A line has to be drawn here.
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Old 04-04-2008, 12:09 PM   #281 (permalink)
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Well then they will just kick you out of SL, so what good will that do?

Who has the money or motivation to then sue them to get back in?

coco
A friend of mine got permabanned for a minor infraction once. She just threatened to sue LL, and they backed down, and reinstated her account.

I'm guessing they'd consider if it's worth fighting you. As I understand, they lost the Bragg case. Not officially, but settling and reinstating his account is pretty akin to waving the white flag.
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Old 04-04-2008, 12:15 PM   #282 (permalink)
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I will fully admit to feeling a bit trollish as of late, but I can't say I find any of this very surprising.
LL is taking steps to protect its trademark and IP rights for the strategic health of its business, and everyone's up in arms.
For a number of reasons I just have to shake my head. You pin your star to someone else's product, refer to it by name, begin making an income, and then get upset with the creator of that product decides to start flexing its own IP muscles?
This may have been inevitable. And it may actually not turn out to be as bad as some people think. But it is the result of inviting RL legal scrutiny into SL.
You'll never be able to stuff that genie back inside the bottle. Not ever.
And as far as this being cruel? A 90 day minimum is hellagenerous...especially considering they could have gone the true bastard route and started sending out C&D letters, instead.
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Old 04-04-2008, 12:20 PM   #283 (permalink)
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Originally Posted by Archer Braun View Post
IYou pin your star to someone else's product, refer to it by name, begin making an income, and then get upset with the creator of that product decides to start flexing its own IP muscles?
Since LL has given explicit permission to use their name then, yes, I'd say getting upset is fullly justified. Changing their minds after several years creates more than just a transitory inconvenience for all the sites and companies that have developed along these approved lines.
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Old 04-04-2008, 12:20 PM   #284 (permalink)
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Originally Posted by Archer Braun View Post
I will fully admit to feeling a bit trollish as of late, but I can't say I find any of this very surprising.
LL is taking steps to protect its trademark and IP rights for the strategic health of its business, and everyone's up in arms.
For a number of reasons I just have to shake my head. You pin your star to someone else's product, refer to it by name, begin making an income, and then get upset with the creator of that product decides to start flexing its own IP muscles?
This may have been inevitable. And it may actually not turn out to be as bad as some people think. But it is the result of inviting RL legal scrutiny into SL.
You'll never be able to stuff that genie back inside the bottle. Not ever.
And as far as this being cruel? A 90 day minimum is hellagenerous...especially considering they could have gone the true bastard route and started sending out C&D letters, instead.
You are completely missing the point. They did allow, and encouraged, us to create fansites using these terms. Let me quote the policy again,

Quote:
USE OF SECOND LIFE MARKS

While you are in full compliance with the usage guidelines described here, you may use the “Second Life” name on your website, as well as the related logos and graphics available at Toolkit, solely in the form described there. Additionally, you may use screenshots from Second Life to the extent that Linden Lab has the right to authorize use of the content within such screenshot, including screenshots of Linden in-world objects and Linden avatars, subject to these usage guidelines.
They told us to do this. This is what they wanted. Now all of a sudden for whatever reasons, they are going to tell us differently. They are the ones that let the genie out of the bottle by letting us use it for so long. It is not like they didn't know, they have used the outside sites.
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Old 04-04-2008, 12:23 PM   #285 (permalink)
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Quote:
Originally Posted by Archer Braun View Post
For a number of reasons I just have to shake my head. You pin your star to someone else's product, refer to it by name, begin making an income, and then get upset with the creator of that product decides to start flexing its own IP muscles?
This is my feeling as well EXCEPT that I personally don't think they should come after "SL". I could see people being able to anticipate the words "Second Life" becoming a potential problem down the road if you use it for your own business but i think that "SL" is far enough away from the original name that it should be considered fair game.


It really doesn't matter what i think though.
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Old 04-04-2008, 12:30 PM   #286 (permalink)
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Originally Posted by Archer Braun View Post
IYou pin your star to someone else's product, refer to it by name, begin making an income, and then get upset with the creator of that product decides to start flexing its own IP muscles?.
This is a two way street. LL gave us the platform to "pin our stars on", but without the user advocates, the user content created, what would SL be? If this were a divorce preceeding, the users would likely be awarded 1/2 of the assets.
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Old 04-04-2008, 02:37 PM   #287 (permalink)
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You are completely missing the point. They did allow, and encouraged, us to create fansites using these terms. Let me quote the policy again,
They told us to do this. This is what they wanted. Now all of a sudden for whatever reasons, they are going to tell us differently. They are the ones that let the genie out of the bottle by letting us use it for so long. It is not like they didn't know, they have used the outside sites.
I always keep returning to the same tired TOS that basically states this company can do any damn thing it wants at any damn time it wants, and it doesn't owe you anything.

They put that there for a reason. But for some unfathomable reason no one thinks they really meant it.

Of course they encouraged you to promote their product! Hell...if I had a bunch of people not only beta-testing my product...but PAYING me to do so...I'd be daft not to try and get as much mileage out of them as possible.

This is what businesses do. If they can get away with it, they will. If they believe you won't really tier down, and move away to some other platform that allows you to do what you do in SL, then whatever action you propose is essentially meaningless. Court battles cost money - more money, I'd wager than its worth for any website owner to pursue.

Since dazzle-eyed Phil is leaving the scene as CEO, I'd be very concerned that the lead-pipe mentality toward SL's users will continue...it'll just happen with a more "professional" touch.
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Old 04-04-2008, 03:05 PM   #288 (permalink)
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Originally Posted by Archer Braun View Post
I always keep returning to the same tired TOS that basically states this company can do any damn thing it wants at any damn time it wants, and it doesn't owe you anything.

They put that there for a reason. But for some unfathomable reason no one thinks they really meant it.

Of course they encouraged you to promote their product! Hell...if I had a bunch of people not only beta-testing my product...but PAYING me to do so...I'd be daft not to try and get as much mileage out of them as possible.

This is what businesses do. If they can get away with it, they will. If they believe you won't really tier down, and move away to some other platform that allows you to do what you do in SL, then whatever action you propose is essentially meaningless. Court battles cost money - more money, I'd wager than its worth for any website owner to pursue.

Since dazzle-eyed Phil is leaving the scene as CEO, I'd be very concerned that the lead-pipe mentality toward SL's users will continue...it'll just happen with a more "professional" touch.
The TOS only applies to logging in and using LL resources. This has nothing to do with it.
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Old 04-04-2008, 03:50 PM   #289 (permalink)
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Best thing I ever saw Gwyneth write. And very helpful, too, with the history of things she has provided.

Unfortunately, her letter was probably the reason we received the "Clarification" blog post a couple of days ago.

Which was nothing more but the reiteration of the same things they said earlier.

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Old 04-04-2008, 03:58 PM   #290 (permalink)
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Quote:
Originally Posted by Archer Braun View Post
I will fully admit to feeling a bit trollish as of late, but I can't say I find any of this very surprising.
LL is taking steps to protect its trademark and IP rights for the strategic health of its business, and everyone's up in arms.
For a number of reasons I just have to shake my head. You pin your star to someone else's product, refer to it by name, begin making an income, and then get upset with the creator of that product decides to start flexing its own IP muscles?
This may have been inevitable. And it may actually not turn out to be as bad as some people think. But it is the result of inviting RL legal scrutiny into SL.
You'll never be able to stuff that genie back inside the bottle. Not ever.
And as far as this being cruel? A 90 day minimum is hellagenerous...especially considering they could have gone the true bastard route and started sending out C&D letters, instead.
Well, no. The "star" that was pinned was not something having nothing to do with SL, and then "pinned" to the SL product, thereby affording the pinner an income which it is implied he doesn't particularly deserve.

The "star" that was pinned to SL . . . in fact . . . IS . . .SL. It exists only within or because of SL; it has to do only with SL; and without many such stars SL itself would not exist.

The whole thing is sort of like inviting a bunch of people to participate in a trade fair convention.

So they do, and indeed, without their booths, there would be no such convention.

And indeed, without the convention, the products ("stars") would not even exist, as they are sold only INSIDE the convention!

For years, they were told that they could make fan sites about the convention, refer to the convention, and so on and so forth, considering that the products only ever appear IN the convention itself, and considering that without the products ("stars") there would BE no convention.

So it's not a matter of people saying, well, hey, now I'm going to use SL to promote my new kitchen slice-and-dice-o-matic machine, which I am also selling on QVC and in supermarkets everywhere, for use in real-life kitchens.

To heck with the analogies. Point is, nobody has been taking advantage of SL, in building fan sites, shopping sites, or anything else. None of that could exist WITHOUT SL; none of it is being sold OUTSIDE of SL; and SL couldn't exist (at least not as it does now and has all this time) without the people making the fan sites, etc., and their products.

Point is, LL has been taking advantage of its residents all this long while - getting them to make stuff and sell it; charging them for exchanging currency in selling it (GOM, anyone?); and getting the windfall of promotion from the residents and their web sites.

Now they are taking it all back - at a late stage - as if to say, "OK, we got a lot of good out of them, but we don't need those people any longer." And then threatens to sue anyone who doesn't go along with the new rules.

I'd say the "taking advantage of" thing goes in quite the opposite direction, actually, and it is they who have been pinning their star to us.

coco

P.S. The divorce analogy is really just a heck of a whole lot better. (Not to mention shorter.)

Last edited by Cocoanut Koala; 04-04-2008 at 04:12 PM.
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Old 04-04-2008, 04:02 PM   #291 (permalink)
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The TOS only applies to logging in and using LL resources. This has nothing to do with it.
My fault for not making it clear I was being analogous.

LL is a business. It's got trademarks to protect. In spite of whatever it's done in the past, it can still do whatever it wants with those trademarks.

And of course, they'll encourage you to promote their product. As long as it suits them to do so.

Linden Lab is not your friend. They don't give a hoot about a single person on this, or any other, forum/board/website. They own the technology lock, stock and barrel. They care about generating a profit...and it looks like they're about to start changing their approach.
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Old 04-05-2008, 02:09 AM   #292 (permalink)
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Originally Posted by Archer Braun View Post
My fault for not making it clear I was being analogous.

LL is a business. It's got trademarks to protect. In spite of whatever it's done in the past, it can still do whatever it wants with those trademarks.

And of course, they'll encourage you to promote their product. As long as it suits them to do so.

Linden Lab is not your friend. They don't give a hoot about a single person on this, or any other, forum/board/website. They own the technology lock, stock and barrel. They care about generating a profit...and it looks like they're about to start changing their approach.
But what about:

There

Red Light District

Metaplace

WoW (let's face it, it is used by many as a social platform)

Sociolotron (giggle yes, but we pick up their refugees)

and most of all

OpenSim

not to mention every other virtual world I have spaced the name of at the moment. Then there's all the Web 2.0 and even older technologies that are still quite serviceable for many of the purposes for which SL is leveraged. The genesis of the idea for my large SL group was a Usenet group I started posting to, in 1993!!!!!!!!!!!

Almost everything that I have done with my group I could have done equally as well with a combination of forums and chat sessions, plus user blogs. This covers the three necessary points of allowing users to define a persona, meet informally and interact in real time. A MUD would also work.

LL (tm, bs, stfu) does NOT have a lock on the user community and needs to compete for our attention and money not only with virtual worlds, but also with other forms of virtual community, some of them quite old.

If things got crazy, we could go back. I seem to have gone to forums and the blogosphere. Goreans could go back to IRC or ActiveWorlds, and other genre fans could go to MMORPGs specific to their interests. Seriously many of us could just go to WoW.

Last edited by Brenda Archer; 04-05-2008 at 02:17 AM.
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Old 04-05-2008, 09:22 AM   #293 (permalink)
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LL (tm, bs, stfu)


I'm sorry. I didn't get much sleep last night and that just struck me as incredibly funny.
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Old 04-05-2008, 10:47 AM   #294 (permalink)
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LL (tm, bs, stfu) does NOT have a lock on the user community and needs to compete for our attention and money not only with virtual worlds, but also with other forms of virtual community, some of them quite old.
This is the crux. LL believe, honestly, whole-heartedly that they've developed *THE* online collaborative community killer app. They further believe that they've built and fostered *THE COMMUNITY* that we users belong to and absolutely cannot live without.

They really, honestly, whole-heartedly believe these things.
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Old 04-05-2008, 10:53 AM   #295 (permalink)
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Quote:
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They really, honestly, whole-heartedly believe these things.
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Old 04-05-2008, 10:59 AM   #296 (permalink)
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Quote:
Originally Posted by Khamon View Post
This is the crux. LL believe, honestly, whole-heartedly that they've developed *THE* online collaborative community killer app. They further believe that they've built and fostered *THE COMMUNITY* that we users belong to and absolutely cannot live without.

They really, honestly, whole-heartedly believe these things.
I think this is the thrust of what I'd been nibbling at for a while. The arrogance of LL in making the above assumption is only beggared by the number of people who enable that behavior.

I'm thinking the addiction to SL can happen in more subtle and nefarious ways than the obvious "glued-my-ass-to-the-computer-chair-while-the-kids-all-starved-and-my-personal-hygiene-dissolved" caricature.
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Old 04-05-2008, 11:02 AM   #297 (permalink)
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Old 04-05-2008, 11:11 AM   #298 (permalink)
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Quote:
Originally Posted by Brenda Archer View Post
LL (tm, bs, stfu) does NOT have a lock on the user community and needs to compete for our attention and money not only with virtual worlds, but also with other forms of virtual community, some of them quite old.

If things got crazy, we could go back. I seem to have gone to forums and the blogosphere. Goreans could go back to IRC or ActiveWorlds, and other genre fans could go to MMORPGs specific to their interests. Seriously many of us could just go to WoW.
I think I agree with you. But I think the management of SL simply doesn't (or didn't, as the case may be...) grok that.

I've also developed some serious doubts and concerns surrounding the efficacy of a platform like SL ever becoming a standard for online experience...which was one of the major aspirations for SL from the get-go.
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Old 04-06-2008, 11:12 PM   #299 (permalink)
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Quote:
Originally Posted by Khamon View Post
This is the crux. LL believe, honestly, whole-heartedly that they've developed *THE* online collaborative community killer app. They further believe that they've built and fostered *THE COMMUNITY* that we users belong to and absolutely cannot live without.

They really, honestly, whole-heartedly believe these things.
I feel so much cognitive dissonance around this. On the one hand I can see there is still a community and it's what keeps me here. On the other hand, the way LL talks to that community astonishes me. To build a community and drive it away would be absurd, but it's very possible.

I don't know the mind of LL, but I can easily see the dynamics in the cliques that make up the SL community. The impression I get is that LL doesn't have the correct model for predicting what this community really desires.

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Originally Posted by Archer Braun View Post
I think I agree with you. But I think the management of SL simply doesn't (or didn't, as the case may be...) grok that.

I've also developed some serious doubts and concerns surrounding the efficacy of a platform like SL ever becoming a standard for online experience...which was one of the major aspirations for SL from the get-go.
They certainly can't do it based on technology. They can never keep up with change just using one product, no one could. The concept of SL as a destination can still be salvaged separate from any marriage with a particular form of software. If open standards for the idea of the virtual world as a pervasive network are ever to succeed, I can't see any way for LL to leverage that except on the basis of what they've done so far to create a destination, including the user base they've built up and the resulting culture and society.

So there's this huge cognitive dissonance going on with the residents as they look at an LL who seem to want community, and an LL who treat that community as something disposable that they enabled only long enough to be able to start chasing the vertical markets.

The absurdity in this is trying to market what's left of SL-as-a-technology to verticals. IBM took matters into its own hands, and that's fine but it doesn't change impressions much.

Ordinary users have other concerns. The virtual community I've worked to help create is an end-in-itself and exists across a number of different platforms. Before I jump back into working on it, I have to give some thought to which way the weathervane is pointing.

I'm not well and I hope that what I'm saying here makes coherent sense. Thanks to both of you for your posts; you've given me much food for thought.
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Old 04-06-2008, 11:37 PM   #300 (permalink)
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I have a feeling that in 90 days, they will start the cease and desist letters. Linden's really don't have to enforce this, just their ravaging lawyers lawyer they'll unleash upon us.
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