Hot under the collar

With the ripples from the recent forum phishing scam still, well, rippling (PMs remain disabled on the blogrum), people seem to be returning to their own pet peeves.

Chief among these is a return to the popular game of “Emerald bashing“.  Let’s be clear on this: I’m actually very uncomfortable around some of the activities being undertaken by those involved in Modular Systems. My take on Lonely Bluebird (one of several alts within the “Emerald dev” group that is operated by one of that group’s more conspicuous members) handing out Viewer-crashing prims in the name of “anti-copybotting” activities being a case in point.

I’m also less than sanguine about the likes of CDS and Oynx, both of which smack of vigilantism to some degree – especially in the light of the continued obfuscation put out by those involved in Emerald / Modular Systems / Oynx / CDS. I’m certainly not sold on the idea that they need to be secretive because otherwise the “bad guys” will be able to bypass the “security” tools like Oynx and CDS supposedly give.

But that said, the blatant witch hunting that goes on around anything that even faintly smacks of being Emerald-related stinks at least as much as (and in some cases more so than) any whiff of unpleasantness arising from Oynx / CDS.

In a recent  round robin on the Oynx bots currently threading their way through the grid, any opportunity to engage in reasoned discussion was quickly overturned by those more interested in relying on fear and innuendo. That some of this seemed driven more by one Viewer developer’s  – dare I say it – envy over Emerald’s continued success more than any genuine concern or attempt to give factual information on subject was unfortunate. That another over-the-top forum poster saw it as a means of (again) demonstrating her self-promoted “skill” at wordplay simply drove the entire thread into the realms of pointlessness.

Which is a shame, as there are questions that need to be legitimately asked – and honestly answered – around the subject of Oynx in particular. Dragging matters down into games of wordplay or Viewer envy tend to kill the opportunities to ask such questions stone dead.

To be sure those at Modular Systems are not entirely free from blame here. They’ve been challenged some in the SL blogs and forums such as SL Universe, and rather than give direct answers, they’ve opted for wordplay and obfuscation of their own. Many attribute this to the fact that they have “something to hide”. Personally, having been witness to the behaviour of some of the individuals involved in Modular Systems, I have to say I think their repeated attempts at “wit”, etc., is actually down to juvenile flippancy more than any desire to “hide” things; that is to say that some of them enjoy spreading confusion simply because it does upset the very people it  is aimed at, rather than being any attempt at deviousness. While it is true that some of them have, in the past, demonstrated a capacity for maliciousness, I for one would still rather look upon them with an attitude of “innocent until proven [emphasis deliberate] guilty” – whereas others out in the virtual world seem to believe that democratic due process proceeds from “guilty even if proven to be innocent”.

But this aside, resorting to the Alphaville Herald (neither a bastion of honest journalism or a font of unbiased and accurate information) – does little to establish a “case” against Modular Systems; all it actually does is provide further opportunities for wordplay, FUD and temper tantrums.

Elsewhere, people are picking up on the Evans et al suit against Linden Lab following a report (loosely) on the matter posted by CNN.

Although the CNN article doesn’t directly address the ins and outs of the Evans et al case, this hasn’t stopped some in the blogrum from gloating over the potential for LL to be “put to rights” over perceived wrongdoing – while seemingly remaining blissfully unaware that a) the case is less about land ownership and more about potential false advertising on Linden Lab’s part, and b) it seems fairly clear from the way the case has been structured (and by whom: one Justin Archinaco) that the plaintiffs are more likely to be seeking a hoped-for settlement out-of-court, rather than the before jury hearing they are demanding (and it will be interesting to see how they respond should LL call this particular bluff).

Most of all however, I’m again struck by the shallowness of thinking that surrounds those who post gleeful “I own land and I can’t wait for this to get to court…” comments. While I do remain convinced the chances of this case reaching court prior to a settlement being reached are slim, I have to say that those wishing it to go that far show a remarkable lack of comprehension. Have they really not thought through the repercussions that they will face, let alone LL? Anyone who “owns” a sim and then rents out “sells” or otherwise leases land on that sim for profit (i.e. any income over and above tier) could well find themselves liable for tax due on said income – and I seriously doubt many will have placed themselves in a position of being able to write-off their liability to any sizeable degree.

While there does need to be a discussion around the concept and realities of digital ownership, one really shouldn’t be fooled into believing that Evans et al vs. Linden Lab has anything to do with such a discussion.   And those that gloat today may yet find themselves deep in regret tomorrow.

Changes ahoy!

Yesterday saw what marks a major set of announcements – and linked comments – from Linden Lab. During her appearance on Metanomics to promote the Beta launch of Viewer 2.0, Amanda Linden admitted that LL’s track record in communications with to and with users has been pretty appalling over the last few years, and she made mention that things were going to be changing.

Later, Amanda popped up in the Forums (nothing unusual there) and proceeded to actually respond to critiques and concerns voiced by users (which, given the general preference for senior LL executives to cherry-pick comments in the forum and sway towards answering those more given to praise than critique, was a little unusual). Now we get the “start” of a process of “Coming Soon” announcements designed to highlight upcoming changes  / implementations, etc.

This in itself isn’t new per se. We’ve had similar “programmes” in the past, taking a variety of forms from website announcements all the way back to special town hall events. Few have stuck over the years once the heady thrill of the first few posts / sessions has faded. The cynic in my says this effort also won’t last: the timing of its arrival suggests it is an attempt to show the “new influx” of users that SL is an alive and vibrant place, and LL are working hard to keep it so.

Nevertheless, kudos for the effort, and well done on presenting what is for the most part, very exciting news. Long may it continue.

While I’m not overly fussed about Viewer 2.1 (I’m still bouncing between Emerald and KirstenLee’s S20 viewer); it will hopefully bring some kind of decent stability that will enable TPV developers really sink their teeth into it via Snowglobe, and generate some really first class Viewers.

Similarly, I can’t get excited about the new Second Life Marketplace that is entering beta. This looks like it will be superseding XStreet in the future, and goes some way to explaining why Pink Linden has been conspicuous in her silence. I’m finding it hard to get excited by this new venture, for a couple of reasons. OK… more than a couple.

First off, Pink appears to be in charge. Sorry, but she is someone I have very little respect for and has proven herself less concerned about user’s views and legitimate concerns on matters than she is in pushing through policy and earning (one assumes) corporate brownie points. Beyond that, this new market environment looks like it’ll be the place where some of the more unpopular commerce policies will be enforced, and given Pink’s attitude at OH meetings, the control is liable to be draconian.

Most of all, however, there is the fact that however it is dressed up, this seems to be geared towards pushing shoppers into buying on-line, rather than in-world thus generating revenue for LL. As Pink herself states: The portion of Second Life Residents using XStreetSL has gone from 8% to 20%, with 2/3 of Residents telling us they shop on Xstreet before checking inworld. Now, I’ve no idea where or when the surveys and meetings relating to the gathering of these figures were held – I didn’t see or hear anything, and I’ve been an SLx / XSL merchant for well over 2 years, but the upward trend is something LL are very keen to see continue. XSL itself already enjoys many advantages over in-world shopping. For a start, Viewer 2.0 search can make finding what you are seeking unnecessarily complex at times – but more than that, XSL gets pumped straight to the user’s desktop “dashboard”, and faces no real competition from the forums…because there is currently no real classifieds forum (although we are being told that “will change”). Indeed, many policies and actions on the part of the commerce team have been directly geared toward pushing buyers to Xstreet, rather than towards in-world stores. Therefore, one cannot help but worry that this direction is going to be more aggressively pursued when the Marketplace is formally launched.

As it stands, given the information provided in the Merchant’s Wiki, those advertising on XSL will have their work cut-out in the coming weeks to gain “compliance” with the new standards for the SLMP.

Of a much brighter note are the announcements of forthcoming technical changes. First among these is the new that LL have listened to the complaints about Search and are putting effort into fixing it, particularly where Land and Events are concerned. Good!

We finally have official confirmation that Havoc 7.0 and full Mesh imports are coming down the line, with Havoc 7.0 due to arrive in the summer, and Mesh going to the beta grid around the same time, for public testing ready for a hoped-for end-of year launch.

Hopefully, the lessons of Havoc 4.0 are ingrained on a wall somewhere at LL, and the update to 7.0 will progress smoothly and effectively. Again, it has been on public test on the Beta grid, and those I’ve spoken to about it say it seems more than OK. If all goes according to plan, Havoc 7.0 will roll-out with Server 1.40.

Mesh is something a lot of people have been calling for a long while now, and it could possibly be the thing to revolutionise SL in terms of content. Demo videos on the subject have been around for ages, but assuming the implementation is well-handled, and allowing for the learning curve many content creators will face, mesh presents a lot of new opportunities for established 3D modellers.

That said, mesh will bring a substantial can of worms with it, and there are important aspects that need to be addressed:

  • Impact on the economy. Two things here: not everyone is going to be able to get to grips with mesh and the creation import of objects…thus the sudden influx of seemingly high-quality items could well put a lot of content creators out of business; also the sheer “wow” factor of mesh object might lead to their prices being massively over-inflated, creating an unexpected (and possibly damaging) spike in economic returns
  • Performance. Again, so far as I can tell from my cursory reading, two things: first off will be the risk of those of us (me included) who are far from experts in 3D modelling creating complex models withtens of  thousands of polygons that…grind a sim to a standstill when rezzed in-world. Also, with the masses of 3D content (legal and ripped) floating around the web, the risk of the grid suddenly getting overloaded with a gazillion uploads
  • Related to the above: IP rights, use of copyrighted material, etc., etc. Some form of safeguard needs to be implemented or SL /LL risks becoming home to even more copyrighted material & open to accusations of violations of the same.

Speaking in the discussion thread following the announcement, T Linden indicates these things are “front and centre” of LL’s thinking, and rightly so. But these aren’t the only concerns. There is potential here for LL to completely overhaul the commerce environment and mandate strict controls (I could say “licences”, as this seems to be the Linden Word of the Quarter) governing who can and cannot upload creations to SL and define the fees they pay in order to do so. As I’ve said elsewhere, eyes at Battery Street are probably looking over the fence at Blue Mars to see how well commerce and content creation runs there….

The feedback to the announcement has been largely positive – and rightly so. The concerns raised by some have been valid, and it again appears as if concerns are being taken on board. SL needs to stay abreast of developments elsewhere if it is to properly expand, and much of what is mapped out in this announcement will help in that regard. Nevertheless, as a couple of commentators in the discussion thread have pointed out, it would be good to see other “coming soon” features finally implemented – such as smooth sim crossings, something that has been “coming soon” since I returned to SL back at the end of 2006…!

P.S. I’ve ignored the comments around Avatars United simply because I don’t use it nowadays (never did really), and I don’t see anything there to attract me.

Moving towards script limits

Well, it took longer than originally planned, but server 1.38(.1) has rolled out onto the grid. With it comes new LSL extensions and (for those using Viewer 2.0 and its derivatives) the initial script management tools.

The latter take two forms: a breakdown of scripts running on a region (sim), and an Avatar’s personal script load; the former will only be visible to those “owning” land, or who are members of a group with land “ownership” (and then only on the land they “own”), while the latter should be available to anyone wherever they are in the grid.

Currently, both are limited in their meaning, because a) we don’t actually know what the overall limits are going to be for either in-world scripts or for the “pool” of resources to be allocated per server / sim to avatars; and b) the tools don’t accurately reflect Mono script usage – Mono scripts can utilise any amount of memory up to 64Kb (with the average apparently being around 9Kb), but only the 64Kb reserved for a Mono script (whether or not it is using less) is reported. Thus, Mono scripts currently appear to be hogging resources, when this may not be the case.

A further problem with the current tools is that, when looking at in-world script usage, they are simply too broad-based. Details can only be displayed for the entire region rather than for individual parcels. Hopefully, this will become more granular in the future, but for now it does possibly invite the kind of knee-jerk reaction the promotion of Avatar Rendering Costs created (albeit on a far smaller scale, given the limited access to script information), with people with access to the information screaming blue murder at the sim owner because a) the sim is laggy, and b) their neighbour is running XX “gigantic” scripts, and so must be responsible for the lag.

Access to the in-world script list is obtained by going to ABOUT LAND and then clicking on the SCRIPT INFO button in the GENERAL tab of the About Land pop-up.

Script Info - Land (note avatar names purposefully hidden to preserve individuals' privacy)

The list can be sorted in a number of ways – by script size or via avatars names (alphabetically ordered by first name, etc).

There are three buttons on the list – REFRESH – self-explanatory; HIGHLIGHT – which allows an object to be “red beamed”  after selecting it on the list, thus allowing its physical location to be confirmed) and RETURN – which allows an object highlighted in the list to be returned to the named owner’s inventory. In the case of this last item, I sincerely hope the functionality is restricted to SIM owners / Estate Managers, for obvious reasons.

At the top of the list is a small information area entitled “Parcel Script Memory” – possibly indicative that the display will be further refined to parcel level, rather than listing the contents of an entire sim. This section also gives a practical indication that script limits have not been set, as it will report that the sim is using XXXXXXXKb out of 0Kb.

For those who are not land “owners”, their personal script info can still be accessed through one of two ways: either via the SCRIPT INFO button in the GENERAL tab of ABOUT LAND, or via the SCRIPT INFO button that is displayed in the APPEARANCE editing window. Clicking on the MY AVATAR tab at the top of the script listing pop-up will then display the relevant information in both cases.

Avatar Script Info Display

At the moment, both displays are purely informational, and will have no real meaning until final limits for scripts are set by Linden Lab.  But the process has now started, and it is going to be interesting to see how things develop and whether LL stick to their promise of being open and communicative as further elements of this new policy are rolled out.

Echoes of Bragg: Evans et al vs. Linden Lab

Tateru Nino reports over at Massively that Linden Lab is facing a couple of new lawsuits.

The latest, Evans et al vs. Linden Lab, has some echoes of the infamous Bragg vs. Linden Lab case. As with Bragg, Evans and his fellow plaintiffs are proceeding against Linden Lab on the basis of having their accounts terminated and their assets (land, content, Linden dollars) seized. Further, they are being represented by Jason Archinaco, who represented Bragg in 2007. And in a final twist, the case is set to be heard by Judge Eduardo Robreno, who heard the Bragg case.

Evans et al have commenced a class action against Linden Lab and have put up their own website. The crux of the filing calls into issue statements made by Linden Lab representatives – Philip Rosedale being primarily named – relating to the concept of land  / goods ownership which are at odds with core clauses of the current Terms of Service, which effectively deny users’ ownership of anything but IP rights. The action also relates to the manner in which the ToS has been altered over the years – up to an including the forthcoming new ToS due to come into force on the 30th April, alleging that it is akin to altering users’ title without consideration of the consumer’s knowledge or consent.

As Tateru notes, Archinaco is well versed in the minutiae of legal actions against LL, having trod the road very thoroughly in 2007; therefore it is unsurprising that parts of this action strongly echo claims made during that case.  At the time, while there was a confidential settlement, it was viewed that Robreno was broadly sympathetic to Bragg’s position and ironically, it was his holdings on the matter that lead to LL re-wording the ToS (and thus possibly contributing to the current situation) – so having both involved in the Evans et al case makes it an eyebrow-raiser.

During the Bragg case, Robreno agreed with the plantiff’s position that that ToS was a “contract of adhesion”. He further noted that the mandatory arbitration process within the ToS was also unbalanced and unilaterally favoured Linden Lab. As such, many pointed to the Bragg case as being a seminal case in matters relating to virtual worlds and virtual property rights. However, Robreno added a significant caveat to his holding on the case: that the ToS could be regarded as a “contract of adhesion” inasmuch as Second Life was effectively a monopoly service: in 2007, there were no competitors to which users of Second Life could turn.

It could be argued, with some OS Grids starting to offer their own currency systems and having offered land “purchase” schemes for some while, together with the establishment of OpenLifeGrid and the the growth of Blue Mars, et al, that the monopoly situation no longer applies regardless of the technical state of such environments.

That said, the papers filed on behalf of the plantiffs present a curate’s egg of a case.

On the one hand, Archinaco clearly outlines the dichotomy between the ToS and the manner in which Second Life was repeatedly promoted (particularly by Philip Rosedale himself) through prejudicial terms / concepts such as “buying land” and “ownership”. While linden Lab has clumsily retreated from the idea of virtual ownership in the years following the Bragg case – and have finally openly moved away from the concept within the forthcoming ToS through the redefinition of both virtual land and the Linden dollar as effectively being licenses. I use the term “clumsily” quite deliberately; while terms like “buy” and “own” have been expunged from the new ToS, Linden Lab are still using them elsewhere:

As such, the action is being filed under (among others) the Californian False Advertising Act and the Violation of Legal Remedies Act, and Archinaco does build a pretty solid case to be answered in the former, although he seems to rely heavily on Bragg vs Linden Lab in the latter – and as noted, times have moved on since 2007. While I acknowledge I’m not a lawyer, the inclusion of the Californian Unfair Competition Law might not be as effective as it might have been had this action followed directly on the heels of the Bragg case (at least for Evans’ fellow plaintiffs).

Elsewhere, the papers make some rather contentious claims, possibly to support the charge of fraud and/or fraud in the inducement. Notably, the papers contest that Second Life as a whole has been “open sourced” so that (quote): any individual can simply hook up their own server to the Linden “platform” and create their own land, which has resulted in the long-term devaluation of all the land purchased by consumers to zero. This is hardly an accurate statement: as a platform, Second Life remains closed, only allowing third-party clients to connect to it – not privately owned servers. As such, this is a shaky foundation upon which to build a case for Linden Lab fraudulently manipulating the land market for the benefit of their shareholders.

The papers also seek to make a case that buying virtual land is the equivalent to “investing” in LL as a company, and that moves were made to devalue land in order to maximise shareholder profits at the expense of said “investors”. This would again appear to be somewhat contentious: by no stretch of the imagination can the “purchase” of virtual land been seen as an open “investment” in Linden Lab as a company; this is akin to claiming that by using server space to host a website, you are “investing” in the ISP providing the server space with an eye to sharing their profits….

But these wider accusations towards Linden Lab aside, the central thrust of the lawsuit would seem to carry significant weight, and the well-documented references to statements from the likes of Philip Rosedale and others would seem to put Linden Lab in a corner – one which, as Tateru notes, may not leave them in an adequate position to settle.

That said, one cannot help but wonder if settlement might not be on the minds of the plaintiffs. That some of them have waited some 4 years to file against LL, having had their accounts terminated in 2006, and have now done so on the eve of what is a major re-alignment of policy within the ToS does leave a question mark hovering over their motives.

It is going to be interesting to see how this unfolds.

Malicious, lost, or out-of-time?

I‘m going to start this post with a quick statement: What follows here has been cogitating for a while now. It started as a number of posts that never made it beyond the draft stage (including one from way back in 2008, written in response to Mitch Kapor’s SL5B keynote address), combined with such factors as LL’s TPV Policy, the new ToS, Viewer 2.0 – and the (sometimes irrational) responses these have garnered among users of late. However, what with me being somewhat slow to organise thoughts, getting sidetracked by other matters and the arrival of Easter and family, it has taken me a little while to try and pull everything into a (hopefully) cohesive post. In doing so, I’ve pre-empted some of what I’m about to say, and others have come to the same conclusions, potentially with greater grace than I. I’ve also been pointed to other blogs wherein lie comments that echo – again, possibly more succinctly – my own thoughts (a fact that has also weighed on my mind as to whether I should order my ramblings into something comprehensible, or simply move on to other subjects). As such, this post is not an attempt to jump on the bandwagon, or lay claim to anyone else’s thinking; rather it is more an exercise in catharsis: getting everything down and out, right or wrong, so I can at least clear my head somewhat.

Why is it that Linden Lab, throughout the history of Second Life, appear to have such a disconnect between their management team and their users? How come, time after time after time, they consistently piss off so many, so quickly with (generally) so few words (or sometimes even lack of words)?

Over the last few years, we’ve seen a number of events that have upset users to a degree that – I think it fair to say – has actually surprised senior management at Battery Street, notably the OpenSpace / Homestead sim debacle and the Zindra upheaval. More recently, we’ve had the apparent push to align Second Life with Facebook and its ilk and reduce it to a simplistic, 3D social networking site (aka Viewer 2.0) causing consternation; and, bringing us right up to date, we’ve had the arrival of the Third Party Viewer (TPV) Policy and the sudden introduction of a new, and potentially far-reaching Terms of Service.

All of these have lead to predominantly negative reactions from users that have ranged from angry official blog postings right the way through to protests, banner waving, “flag burning” and even the departure of segments of the community (such as Elf Clan). Yet, each and every time, the management has sailed on; apparently unaware of the chaos they are leaving in their wake, only to blunder into the next crisis.

Or perhaps they are aware, and simply do not care. This is the most commonly-held view among those who find LL’s recent decisions so upsetting: that the Linden Lab management team simply don’t care: they are malicious grey suits only interested in the bottom line of the balance sheet.

While I’ve criticised LL a lot in my time, I do not believe that the likes of Mark Kingdon are driven by pure maliciousness. Those who have been around SL long enough know that heavy-handed attitudes and policies pre-date his arrival by a long margin – so if maliciousness is involved, he didn’t start it. As I’ve commented previously, the whole CopyBot issue, and LL’s complicity in its spread occurred a long time before Kingdon arrived on-scene. If you want to go back further than that, then there is the so-called tax rebellion of 2003.

I don’t buy the “simply malicious” argument because, at the end of the day, Linden Lab isn’t likely to profit or grow from it in a sustainable manner. Grabbing the profits today and saying to hell with the customer and to hell with tomorrow is an exceptionally myopic and ultimately stupid way to run a company. In the case of Linden Lab, it would probably have lead to the demise of the company a goodly while ago.

Similarly, the New User Experience makes no sense.  Viewer 2.0 is central to this – and yet, Viewer 2.0 (as many have pointed out over the last several weeks) is not so much flawed as completely broken – hardly an encouraging way to entice new users into SL, retain them and encourage them to part with their money in-world and grow the economy….

Maliciousness makes sense if the company profits. We may not like it, we may howl against it – but if we all see practical benefits from it: a growth in user numbers, more people spending time and money in-world, the economy expanding, etc., – then I think the majority of us will find the maliciousness a bedfellow we can tolerate because a) Second Life survives and we continue to participate in it; b) those in business within SL stand to retain viable income streams, and thus remain in-world and help encourage the rest of us to stay.

But again, this doesn’t seem to be the case with Linden Lab. If we look at the OpenSpace / Homestead fiasco for example – did it lead to an obvious growth within Second Life? Did it make the platform more sustainable? No. When all is said and done, when all the angst and drama around the change is put to one side – the overall status quo of the platform remained unchanged from a fiscal perspective. The economy neither expanded radically, nor contracted. LL themselves may have enjoyed a small upward blip in cash inflow as a result – but longer-term, the move didn’t really help them.

Zindra and the Adult Policy are also held up as an example of the maliciousness of the Lab’s management – that they are “anti sex”, “anti BDSM” and that the Lab wanted both to “go under” by driving people into leaving SL. But again, I simply don’t buy this. Certainly, both the policy and the Zindra move were ill-considered, poorly-executed and almost certainly could have been handled a lot more pragmatically – but none of this happened simply because senior management “don’t care”. Furthermore, simply driving out a segment of the community makes no sense – not when said segment is actually responsible for generating a large amount of in-world spending, which in turn generates an inward flow of cash to the economy as people convert real money into Linden Dollars. Thus, if “driving out” a very profitable segment of the community was the aim, then the Linden Lab management aren’t only malicious, they’re stupid.

So is incompetence within the management hierarchy responsible? A management team that seems to be constantly chasing its tail, or which leaves all its policy making to the lawyers (as seems to be the case with the new ToS and TPVP) would certainly appear to be incompetent. But again, it is hard to reconcile this with the business profiles of those at the top of the management tree. Take Mark Kingdon as an example, and his history prior to joining Linden Research Inc.

He joined Organic in 2001, after the company had been forced to down-size following the Dot.com bubble bursting in 2000, which also forced the company to re-privatise. Then, and contrary to sniping posts in the official forums, he steered the company through seven years of successful growth, which included the launch of an entirely new arm of the business. Before that, he was a senior executive at PWC, closely involved with that organisation’s merger with Lybrand. So he’s hardly a slouch or an idiot when it comes to managing a business.

Thus, the idea of rank incompetence doesn’t entirely fit, either. Yes, the management team have got it wrong. Yes they have at times let lawyers run amok in the playpen (most recently with the poor wording of the TPV Policy) – but people in business do make mistakes; this doesn’t automatically make them totally incompetent.

What is more, Kingdon has demonstrated, through the first of his in-world meetings with residents that he is potentially far more aware of the potential for the technology than his spin-laden blog posts, etc., would imply. As his honest, unscripted answers to questions at this meeting indicated, he does hold a certain vision and hope that goes beyond simplistic bottom-line costs and profits.

Indeed, the fact that Kingdon is taking the time to come in-world and spend time with residents, face their concerns and anger head-on, is another reason to thrown the “malicious” argument out the window. If he were so minded as to simply not care about what we think and feel – if he was simply looking at “new users” to sustain LL, he simply wouldn’t bother participating in such open engagement with us.

So what is it? If it is not incompetence or maliciousness, what is it about LL that causes them to repeatedly underestimate / misinterpret the liable outcome of their broader actions?

For the most part, my own feeling is that when all is said and done, it is this: Linden Lab’s management team have no intuitive understanding of, or identification with, their users. To use Grace McDunnough’s wonderfully-chosen term (and curse her for beating me to the punch and posting first on this subject – as well as for putting it so beautifully succinctly! *smiles*), they simply don’t grok us.

There is a fundamental disconnect between what they see as the marvellous potential of the environment presented by the technology behind Second Life and their ability to connect with the equally marvellous potential of a passionate and engaged user community. And, I believe, it is this failure, more than anything else that has damaged both their ability to approach use, and our ability to see them in a credible light.

This is partially understandable: Second Life is unlike any other platform or business model, having the unique ability to bring together so many facets of life into a single environment. There is no single quantifiable reason as to why we’re here: there is no treasure to hunt, or enemy to kill or war to wage or objective to reach. There is no single demographic within SL that fits traditional marketing and promotional tools that Kingdon and his senior management are going to be familiar with.

What is more, the reasons we stay involved in Second Life are not always constant. We may initially come here because it offers a “gaming” or “role-play” or “lifestyle” outlet – only to find weeks or months down the road, that we’re involved in many other things: scripting, building, “business”, be it simply working in a club or store on behalf of someone else right the way up to full content creation and re-sell. But through it all there is no defined objective.

Thus, rather than being malicious or incompetent, I tend to feel that those running Linden Lab simply do not know how to approach us, deal with us and engage with us. In a word, we’re a pretty overwhelming force, one quite outside the keen of most corporate executives….

….but that is no excuse for sitting in isolation from us, as the current management team have tended to do to far, far greater extent to their predecessors. And even while I do applaud efforts by Mark Kingdon to host in-world meetings and address concerns head-on, the fact remains that the frequency of these meetings leaves much to be desired. The first was held in February, but it doesn’t look like any follow-up will be held for several months. If Kingdon really wants to get to grips with matters, then frankly, he should be putting an hour aside once a month to sit with people.

A lack of involvement, a lack of understanding has lead to those leading LL to regard SL purely in terms of numbers: if the metrics are good, the platform must be good and therefore the users must be happy. But metrics are only one side of the equation. If there is a fundamental lack of understanding as to who we are, and how we are feeling; if there is an inability to link our upset over heavy-handed policy implementation with our love of Second Life  – then LL will continue down the road of losing its most valuable commodity.

In this regard, it doesn’t matter how they change the New User Experience. Nor do the number of man hours put into developing a new Viewer account for much: because at the end of the day, if the management still don’t understand us, if they still see us as standing apart from their platform, as “just users” – then whatever they put out on display to entice people into the store is ultimately going to fail.

In 2006, Facebook launched an applet that enables users to track changes made to, and activity on, their Friend’s pages. The tool caused outrage in the community, with tens of thousands of users viewing the tool as an invasion of privacy and protesting about it. Two days after the tool was launched, Facebook issued a statement that they would put the tool under individuals’ control so they could determine what others could see. At the time, one marketer commented:

The members prevailed. How? And why? Members used this powerful medium to connect, assemble, and make their voice heard. Fortunately, Facebook listened and responded.

The takeaways for marketers:

  • Listen carefully. If you target connected customers, have a mechanism in place to collect feedback before taking major actions (product changes, new product launches, etc.). Don’t act in a vacuum. Use social media to engage customers and solicit their feedback. Then, make their input an important part of your strategy.
  • Be ready to act. Social networks and many Web 2.0 tools make it very easy for people to assemble around a cause. Major brands should have a rapid action plan in place to identify and address these situations before they get out of hand. In the old world, this was called public relations or crisis communications. In a new, networked world, it’s good community relations.
  • Respect the community. What I wrote in an earlier column about five best practices for marketers who venture into social networking still applies: “Respect the Community. It’s a club and you don’t really belong. Most social networks aren’t about advertising or commerce per se… As an advertiser you’re a guest in the club. Understand the environment and respect the unwritten rules: don’t intrude on conversations or connections in a way that irritates members; don’t divert users from the network to other sites; and don’t disguise yourself in a dishonest way.”

If this advice doesn’t resonate with you, close your eyes and imagine this scenario:

You’ve just spent six months developing a new campaign for a major new product launch that’s a line extension in a very popular, somewhat dated product line. You and your management team have high hopes for this product. You need to invigorate the product line and generate a big bump in sales. You’ve carefully researched the product and launch strategy. The focus group results indicate you’d add new customers without alienating your core franchise. You launch.

Within a week of launch, 126 groups have formed, all calling for a boycott because you spoiled the product with this line extension. The revolt started in the U.S. and is now moving to Europe. Angry customers are filling your inbox with hate mail. Your boss calls and asks what the heck’s going on, how significant the damage could be, and what you’re doing to respond. You tell him you’re going to change the campaign messaging and heavy up on PR. Then, you realize that strategy won’t fly. These people want answers and action — now. You have hours. Not weeks.

Sound advice to any company: listen, engage, respect the community and build community relations. The author has the right idea.

So what, exactly, has gone wrong, Mr. Kingdon? Why is it the advice you gave to others just four short years ago has been largely absent in the management philosophy at Linden Lab? Why are you only now making some effort to more properly engage with us?

Think of how different the experience would have been if Linden Lab had approached things like the Adult Policy and even the new ToS through a process of open engagement with the community, rather than playing word games and leaving it all in the hands of the legal staff. Yes, people are frightened by change – but we can deal with it if we’re given the opportunity to participate in the process and understand the underpinning reasons why change is needed. None of us are fools – and many of us understand the environment at least as well as Linden Lab management. Engagement with the community, using – as Grace McDunnough suggests – the process of appreciative inquiry rather than autocratic mandate, could have lead to the Adult Policy and the TPVP being far less traumatic affairs than they have so far been – for both the community and Linden Lab.

The sad thing is that, despite pleas for LL to raise their grok factor, it may now be too late.

Mitch Kapor has made little secret of his desire to see the “pioneers” (aka you and I) of Second Life to get out of the way and let the “pragmatists” (e.g. big business) in. He’s been wanting SL to “do” something for a goodly while. In part, this has likely fuelled some of the errors LL’s senior management have made in pushing through policies with absolutely no finesse whatsoever. He’s also likely fuelled the drive towards the SLE product and the development of the business side of SL. Doesn’t take a genius to work that out.

Even so, despite all the pushing and pulling, the hype and hoped-for, LL itself is still something of a lame duck as far as venture capital companies are concerned. It’s sitting in that 30% zone of VC-funded start-ups that tend to limp along, making just enough to stay in business, but not enough to be a raging success. Sure, the SL economy is continuing to show modest growth and LL continues to make a modest profit from it as a result. But it is not the stunning success all the hype surrounding it these last 8+ years has suggested it could or should be.

One cannot help but wonder if Kapor et al blame the very people they’ve failed to understand – you and I – for the failure of SL to “achieve”. We’re the “pesky kids”, constantly getting in the way. If this is the case, it could explain why we’ve seen the rush to bump Viewer 2 from beta to full release, despite it being badly broken, and why we’ve seen the almost stealthy (and certainly unexpected) shunt of an entirely new Terms of Service & its associated policies.

Some has decided that it is time to break up SL to some degree. I’ve already touched upon this in an earlier post – that the operation to run the Grid might be licensed-off, allowing LL to focus on what might be regarded as the “core” business that is likely to generate a more predictable income stream.

The business enterprise side of Linden Lab is still fledgling – also it is being realigned as a set of three services – but a lot of hopes are pinned on it. Could it be that someone right at the top of the Linden Hierarchy has set a deadline for the management team, something along the lines of “achieve X by the end of Y, or get ready to license-off the platform. Let some other poor sod deal with the user issue…”?

It wouldn’t be easy to go this route, certainly; but it also wouldn’t be impossible. Yes, it would cause some upheaval and no doubt wailing and rending of garments – but again, isn’t that the response (as far as the upper echelons of LL are concerned) to every decision made?

As I’ve previously said, putting all the paperwork in order would be a first step in this process. As of the 30th April, the lines of responsibility, the type of services being supplied, are clearly spelt out (well, as clearly as legalese allows), making it much easier for anyone taking up a licence to run the grid to see where their liabilities start and finish, and how external liabilities (such as third-party viewers connecting to the grid) have been “minimised”.

Of course, exactly how much time the management team have been given to “get things sorted” and realise both the increased influx of users, etc., they’ve been promising as a result of the new viewer, the new ad campaigns and the cosying-up to the Facebook community and the anticipated growth within the SL economy is totally open to question. And that’s assuming this speculation is even right.

But it does potentially mean that it no longer matters whether or not senior figures in Linden Lab empathise with us. Does this in turn make them malicious, as postulated at the start of this post? Not at all; nor does it make them incompetent. Careless, then? Absolutely.

Putting the paperwork in order?

I’ve been going over the ToS in more detail over the past few days (it was either that, or sit with older family members through the likes of Emmerdale Farm, East Enders, Jack Frost and re-runs of Hercules Parrot again).

What has struck me once again is the manner in which everything is being handled by Linden Lab. We have Viewer 2.0 being pushed into prime time before it is really ready. We have high-level Lindens (Amanda, T, etc.), suddenly spending a lot more time in the flogs addressing user concerns; we have the new Third Party Viewer policy coming into effect from the 30th April. We also have the new ToS coming into full effect from the 30th (although we’re all being asked to agree to it now), together with all of the policies associated with it having undergone a top-to-toe re-write.

So much so, that one has to ask why? Why all of this now? Why the paradigm shift evident in the ToS that moves Second Life from a platform to a service? Why the rush to get everything out by April 30th? Why not a phased approach that would, for example, introduce the TPV, filter in other policy updates and culminate in a new ToS and which would allow the more glaring issues with Viewer 2.0 (Search, for example), to be reasonably fixed?

Part of the reason I started chasing Amanda Linden is that I have a deep-down feeling that LL are paving the way for Second Life  – as a service – to be sold?

Many moons ago, “the Grid” (as in the underlying technology of Second Life) was ostensibly hived-off into a “separate” business element. More recently, the Grid itself has been split into three distinct “microsites” which appear to be leveraging the technology in terms of service provisioning to businesses.

Could LL now be seeking the opportunity of divesting themselves of the actual running of Second Life itself?

The reason this thought keeps popping into my head is section 13.2 of the ToS:

13.2 You may not assign your Account; we may assign this Agreement.

You may not assign this Agreement or your Account without the prior written consent of Linden Lab. You may not transfer or sublicense any licenses granted by Linden Lab in this Agreement without the prior written consent of Linden Lab, except solely to the extent this Agreement permits transfer of the Linden Dollar Licenses and Virtual Land Licenses. Linden Lab may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement.

In other words, you cannot “pass” (or sell or whatever) your SL account to anyone else, but Linden Lab, can at any time, pass on or sell this agreement (the ToS) at any time, without any prior warning to users.

When viewed in this light, the new packaging of the ToS and all associated policies appears to make sense: LL are neatly drawing a line over all that went on prior to 30th April 2010, effectively (on paper) freeing anyone coming in to take over SL from any prior obligations and/or issues.

Other elements within the ToS also fall into place when viewed this way – Linden dollars becoming a license system for example; not only does this potentially clarify tax issues around them (it is now spelled out that Linden dollars have no fiscal value until cashed out) – it also further ring fences any potential liabilities surrounding Linden dollar accounts on the part of the “service manager” (be it LL or anyone else).

A sale of SL as a service could be beneficial to LL: they would lose the income from land, etc., certainly: but they would retain the IP on the technology and its development, and they would conceivably generate income through one (or more?) licensing deals with those wishing to run Second Life environment(s). It would be hard to work through all the details to make it work – but potentially not impossible. If nothing else, it’s interesting to speculate on the idea.