TOSing out the changes

“Ringing in the changes” is a term that goes back centuries. Originally used in terms of campanology – where it is indeed still used – it entered English slang in the mid-1800s to mean “changing bad money for good; in respectable society the phrase is sometimes employed to denote that the aggressor has been paid back in his own coin, as in practical joking, when the laugh is turned against the jester.” Nowadays we take it to simply mean “employing alternative methods”.

One of the common uses of the term in western society is around the New Year period where we face the opening of another year and are acknowledging we’re going to perhaps do things a little differently (a-la New Year resolutions). So, given we’re fast approaching that time of year, and accepting that broad changes are afoot, it’s no surprise that Linden Lab have thrown out a revised Terms of Service – and once again left it to residents to work out what, precisely, has changed rather than simply highlighting the changed section up front, or even producing a blog posting to explain the new ToS.

So what has changed?

Well, the core of the changes are around the upcoming merger (aka “absorption”) of TSL into the Main Grid and the throwing open of the doors to anyone aged thirteen or older. Here’s what has changed:

Section 2.1 Age Requirements now reads:

By accepting this Agreement in connection with an Account, you represent that you are at least 13 years of age and you have the legal authority to enter into this Agreement.

Clarification is then given that those below 18 years of age must have a) received parental / guardian approval for them to have joined the service, and b) their parent / guardian has read the ToS.

Section 2.2 Age Requirements for Use of Areas of Service (formerly Age Requirements for Teen Second Life)

Sets out the requirements / limitations of under-18s using Second Life, which fall into line with what has already been released by Linden Lab, namely:

• 13-15 year-olds will be restricted to estates (called “Teen Estates”) operated by Sponsoring Organisations (which are in turn defined in Section 2.4 of the ToS) and which must comply with Linden Lab’s General Maturity Rating in terms of both content and activities
• 16-17-year-olds will be restricted to Mainland and private estate sims operating under the General Maturity Rating and, at the discretion of the Sponsoring organisation, may continue to access any “Teen Estate” they have been affiliated with prior to turning 16.

Section 2.4 Requirements for Corporate Users now has “and Sponsoring Organisations” tacked on to the end and has the following statement glued on to the end of the original Section 2.4:

If you are a Sponsoring Organization, you agree that (i) you will maintain your Teen Estate in compliance with the General Maturity Rating; (ii) you will comply with the the API Terms of Use; (iii) you will limit the access of Affiliated Accounts of users between 13 and 16 to your Teen Estate; (iv) you are solely responsible for all Content and activities that take place on your Teen Estate, and (iv) you will comply with such guidelines as Linden Lab may issue from time to time with respect to Teen Estates.

This comes across as a lot of waffle that doesn’t actually say much – other than attempting to absolve Linden Lab of any blame should anything go “wrong” on such sponsored estates. Who or what actually qualifies as a “sponsoring organisation”? According to the revised Section 2.2, the new Section 2.4 is supposed to provide such a definition – but it doesn’t.

Elsewhere in the ToS Section 8, Conduct of Users of Second Life has seen some toughening-up   of the wording in respect of minors accessing the Main Grid, namely:

• Section 8.2 (ii) now requires that adults will not impersonate a minor for the purpose of interacting with a minor using the Service
• A new Section 8.2 (iii) has been added, stating users of Second Life will not Stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors on the Service
• Section 8.2 (iv) (formerly 8.2 (iii)) clarifies and improves the wording of how matters relating to age play will be handled.

Similarly Section 11.4, dealing with the suspension / termination of accounts has been updated to read:

We may suspend or terminate your Account(s) if we learn, or in good faith believe, that you are a Registered Sex Offender, that accessing Second Life may violate a condition of parole or probation, that you have engaged in, or attempted to engage in conduct with minors on the Service that violates this agreement. [my emphasis for clarity].

Outside of the age changes to the ToS, there is one incongruous change to the ToS that has been thrown in, relating to the taking of snapshots / making of Machinema in “publicly accessible areas” (section 7.4). The inclusion of the phrasing in the ToS when it first appeared back in April of this year caused much gnashing of teeth. It’ll be interesting to see if its removal will be noted in any way…

Overall, these are not in and of themselves major changes. The main area of concern is that, in typical fashion for these kinds of documents, the ToS is more about protecting Linden Lab against any perceived wrongdoing with the upcoming changes that it is about anything else. As such, people (assuming they read the new ToS prior to agreeing to it) will continue to rend cloth and scatter ashes ahead of the upcoming changes. And while is it true that a part of me is concerned at the one-way flow of things here (it would be nice to have some kind of visual indicator, for example that the individual you’ve bumped into in a store is actually a minor rather than, say, an adult operating a below “average height” avatar that looks like a minor), I’m still not convinced that the arrival of Teens onto the Main Grid will be the God-awful disaster many seem to believe. And in truth, outside of the sheer woollyness of Section 2.4, it’s hard to see how else things could have been worded.