Learning Experiences

Hi everyone!    It’s been a while since the last blog .. not because there is nothing to say but because we have been caught up in the doing.  We have had some great experiences with the venue.  We get lots of positive feedback and some suggestions as well.   We are learning a lot.  One of the biggest learning experiences is currently taking place.   

Many of you know that there are a number of people in SL who take video of music performances.  GMetal and I have discussed this over the time we have had the venue.  We have agreed that we need to protect the rights of all content created at Ground Zero.  That includes not only the musicians that grace our stage, but the visual content that is presented by the visual artists and the patrons.  Even the lovely stage was created as a functional work of art for Ground Zero.  We read the SL Terms of Service.  We read the Second Life official policy on Machinima and Photography.  Based on what we read in that policy, we made a decision when we opened not to put up big “No recording” signs.  We decided to handle situations that arose on a case by case basis, and relied on the policy and the generally rule abiding nature of Second Life residents  that we would be notified in advance if anyone wished to film at our venue.  

This past Thursday, a well-known SL videographer came into the venue.  GMetal sent an IM asking him not to share video if he was filming that night.  GMetal did so based on the man’s past history of not notifying venues when filming until after the fact.  The man grew very upset and was using verbally abusive language towards GMetal.  Because of his abusive language and unwillingness to discuss the matter reasonably, he was ejected from the parcel.  He did not leave the sim immediately and continued the IM with GMetal.  After a few more minutes, GMetal muted him and an estate manager was called who then banned him from the sim.   He has continued to be angry and posted a video on YouTube about how he has been banned from Ground Zero.  We heard that the video had been flagged and the man was given a warning.  The video is no longer available on YouTube.  We have heard it’s available on DailyMotion though.  This man is calling for a boycott of Ground Zero.  He believes he was singled out and that we ejected him from the venue because he makes videos.  When the man replied using profanity and abusive language, that was what led to the ejection.  If we were to ban people merely for the fact that they make machinima, he would have been put on the ban list the day we got the land.   

Further details of the situation are not necessary here in my opinion.  We don’t want to violate privacy, engage in harassing or slanderous behavior,  or violate any TOS (SL or otherwise) by quoting or logging or even sharing the man’s name or video link.  Not because we have anything to “hide” but because it is not the issue at this point.  We ejected him from Ground Zero for being verbally abusive.  The additional issue was the question that it raised about whether or not we are unfairly limiting someone's right to create content in our venue. 

We do acknowledge that the nature of discussion between GMetal and this individual could lead to him feeling singled out.  Because he was IMed individually, he was singled out.  He made a valid point that we did not make the same statement in open chat or have a sign posted.  We are in the process of addressing that issue even though we feel that we should not have to make statements that we follow rules that exist in Second Life. 

We have been reevaluating if the way we conduct business is legitimate and following not only the rules but the needs of the community.  It hasn’t been entirely pleasant discussion but it has been important for us to look at whether or not we are doing what we started out to do – be a place of community for the arts.  What we do firmly believe is that each person who is actively participating in our venue at the time be given the opportunity for informed decisionmaking about whether or not they want to be part of any film that takes place.  What this means to us:  We can make sure our guests have the chance to be notified that they will be on film if they are there.   We can make sure that any visual artists that have their work on display are notified their work to be filmed.   We can make sure that the performer has been consulted regarding the video. Both of us in our RL experience know that this type of thing is common place and often required when shooting video or film.  We thought the same standards apply here and believe that they should.  

We went back to the ruleset that we all are bound by.  When reading the Linden Lab Official Policy on Snaphots and Machinima (found here:  http://wiki.secondlife.com/wiki/Linden_Lab_Official:Snapshot_and_machinima_policy )   it states that people need   special permission from the land owner to capture machinima unless the land covenant specifically allows it.   Later in the Terms of Service document it states that users must also be in compliance with the Second Life Terms of Service, Community Standards, Trademark Guidelines, and all other policies of Linden Lab. 

Next step was to refer to the Terms of Service document.   The TOS document is found here:  http://secondlife.com/corporate/tos.php
Nestled in that document, there is section 7.4 which talks about granting a license to use content in snapshots or machinima subject to the restrictions and requirements of the Snapshot and Machinima policy.  It also states that if you do not wish to grant the license, you need to restrict access to your land so items are not publicly accessible.

We are willing to grant content licenses to those who seek them provided that the rights and intellectual property of everyone involved are protected.  All we want is for people to ask us like the policy indicates.  We do not believe this means we do not wish to grant the license, rather.. we expect that people will abide by the official policy and what is dictated by reasonable behavior.

We know there is a balance to be struck between having fun and conducting business in a reasonable, professional manner.  We strive for both, and sometimes we are more successful than others.  At the end of the day, we still feel that it is important to maintain a positive environment of sharing and artistic community by following community standards, Linden policies, and courteous behavior.  We have learned that handling things on a case by case basis can lead to people feeling singled out.  We don’t intend to do that.  We are still discussing better ways to deal with situations such as the one that happened on Thursday.  We welcome respectful dialogue about what the Ground Zero community needs and wants and how we could do it better.  Please talk to us if you have any questions or concerns.