"Disclaimer: Chat/IMs may be recorded & shared (stating this, releases me from liability per SL TOS)"
When I saw this in someone's SL profile today, it wasn't the first time, but it began to get me wondering. This line in a person's profile does seem a bit rude and insulting. Everyone knows that when you use SL, you can set preferences to LOG or record all text that passes in Local Chat range, and all person-to-person Instant Messages or conferences. That's part of the software, we can all do that. Logging is also important for personal defence purposes in case of abuse, and to produce logs as evidence in an abuse report seems quite reasonable to me.
However, for all other purposes, I believe what I write is mine, and to go on to share it with others without my permission would seem to be rude, especially if it is used in a negative way to embarrass or harrass.
Section 7 and 8 of the SL TOS deal with Intellectual Property Rights and Conduct of Users. Nowhere are "Instant Messages" and their logging or sharing specifically mentioned. It is very much something the Linden Labs makes clear they are not liable for (ie. the bad behaviour of users in-world), but set guidelines which would enable the suspension of an account.
My personal view is that except in the case of harassment and a need for an abuse report, private IMs are private. Cases where people paste/share private IMs are usually a kind of harassment intended to embarrass (or worse), and are abusive behavior in themselves. These fall under a fair definition of a violation of Section 8 (v), and no note in your profile would absolve you from such behavior or somehow make you immune from the TOS, or give you a free hand to violate it, like some Second Life 007!
Recently I've seen some witty counters to this arrogant kind of disclaimer.
"Regardless of what you have written in your profile I do NOT give permission for my IMs to be shared - and my opinion matters more because it is what I wrote and I have claim over it!"
(or words to that effect)
A neat try there too, to bring some sanity back to SL, but even that was said tongue in cheek. Consider the most basic analogy - sending a letter. A letter becomes the property of the recipient when it is received. You can't retract it. Conversely, if you go on to share the content of a personal letter (without permission or the correspondent, or even against their wishes) with others to embarrass the writer, you're low-life, and being very rude, even abusive, but they were obviously wrong to trust you with their words!!
People explicitly stating they "may share IMs" does not absolve them of anything. What it does encourage though is a counter-claim:
"Disclaimer: I do not permit my private IMs to be shared without my permission - if you do this, then you are in violation of Section 8 (v) of the Second Life TOS - embarrassment, harassment and violation of my privacy - and will be reported for abuse. I also wish to retain copyright over my original words and explicitly refuse permission to have them re-used or passed on without permission!"
Ok, so that might not get you much further either, because anyone RUDE enough to require such a reminder is not worth chatting to anyway. But it may help some of those "Chat/IMs may be recorded & shared" profile notice writers realize how defensive and rude it makes them look!
There is of course another reason why such people may add those notices to their profile. It may be THEY have been harassed and stalked, and are quite scared - and so it is more or less a warning to the persistent harasser (and can effectively cause them to back off). This notice has cropped up in the profiles of those with a certain style or bent and in a certain industry, so it may be for self-defense, and just temporary. It is wiser to be more fully aware of the TOS and personal legal footing though, I'd have thought! So in all that I've written so far, I hope that I've helped you be more aware of the IM-logging sharing issue and how some statements "look" in your profile!
Section 7.7 of the TOS and photography.
In public places in SL, you're free to take snapshots anywhere of anyone. (the TOS clearly states if you don't want photos taken you must restrict access, to the land or by the land covenant!). Video or Machinima is a different story and you must have permission of the landholder and any featured Avatars! However the TOS and linked Snapshot and Machinima Policy makes in clear that....
"Consent is not required for any snapshots."
And ONLY if the covenant of a parcel of land specifically mentions a ban or requirement of permission for snapshots are you required to seek it - "no mention" means you are free to photograph anything on publically accessable land.
That's a good thing for photographers to know - their rights. However, my personal view is that asking an Avatar for the opportunity to photograph and edit an image of them is good etiquette. (a modeling fee is only appropriate if you want them to pose, take their time etc in a photoshoot) I often upload free profile edits to the Avatar if we have developed a rapport. Otherwise, while I'm just a freelance photographer and would normally expect to be paid for work I'm asked to do - my hobby can be carried on anywhere in SL - free and unrestricted, and that's fun!
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