Linden Labs - Burning Life

Submitted by Hermit Barber on Mon, 2009-10-26 08:11

Trouble Ticket Filed on 2008-09-24 at Linden Labs

On 2008/09/20 Talia Tokugawa acting for Linden Labs demanded that I remove these items from my exhibit and not replace them (Chat log appended). After I refused to take them down as I regard them as political speech protected under the California Constitution (but unlinked them) Talia Tokugawa returned them. She alleged that they "promoted racism" and were "broadly offensive" and threatened me with "The G Team" which is apparently LL's TOS enforcement service. She asserted that she had reported me for a TOS violation and implied that she was directly in contact with "the GTeam" over this, with the clear inference that I could be banned from SL for a breach of the TOS. I requested a contact number for the G-Team and was informed that they would be in contact with me. I have waited a more than reasonable period given the pressure of the opening day of the Burning Life exposition and have heard nothing.

I do not believe I violated the TOS in any manner by quoting statements made by or attributed to Vice Presidential candiate Sarah Palin. I regard this action as a clear infringement of my right to engage in protected political speech in a public forum, as censorship of my artistic expression and due to the possibly actualized threat to "report me to the G-team" where the outcome is uncertain but the possibility of being banned appears definitely present - and would lead to serious consequences for a sim owning non-profit, The Smarter Earth Institute, which I represent here in SL (and the sim for which, SmarterEarth, is registered to me) - comprises a massive and effective example of prior restraint.

I request that Linden Labs:
* determine that this was protected political speech and communicate same to me.
* confirm that I can engage in protected speech without harrassment including replacing the items removed from my exhibit.
* instruct Talia Tokugawa, Linden Lab's staff and representatives not to harrass me or anyone else for engaging in protected political speech.
* instruct Talia Tokugawa, Linden Lab's staff and representatives not to threaten people with banning for engaging in protected political speech on private property held open to the public.
* instruct Talia Tokugawa, Linden Lab's staff and representatives not to return objects that do not violate the TOS and which constitute relevant political speech.
* act speedily on these issues in order that I may complete my exhibit in time for the opening as I have now lost several days while waiting on communication from Linden Labs regarding this matter.

All communication with me will be logged, will be copied to my attorneys and others and may be published.

Yours Sincerely

Name Omitted

Chat log

I have suppressed simultaneous IMs, on-line/off-line notices and announcements from prims from this chat log. In addition, I wear a simultaneous translator (into French) which I have also suppressed. Philos Kidd was an unbelieving bystander who logged this to a notecard at my request in order to have an independent witness.

I assert all rights to this content, and am releasing it under the Creative Commons, for attribution, non-commercial. share-alike.

[2008/09/20 17:46] Hermit Barber: Just the person I need to see! Talia?
[2008/09/20 17:46] Philos Kidd: hello talia
[2008/09/20 17:46] Hermit Barber: I quite literally have the BL group up on my screen to get the spelling of your name :-)
[2008/09/20 17:46] Tom32 Anatine: hi everyone
[2008/09/20 17:46] Philos Kidd: hello tom
[2008/09/20 17:47] Hermit Barber: What do I need to do to make my rezzers operate correctly?
[2008/09/20 17:47] Hermit Barber: Please don't say deed to group.
[2008/09/20 17:47] Talia Tokugawa: okay I won't
[2008/09/20 17:47] Hermit Barber: *grins*
[2008/09/20 17:48] Hermit Barber: They work fine if I am in sim or have recently been in sim and am still in cache. But then they stop working.
[2008/09/20 17:50] Talia Tokugawa: sooo
[2008/09/20 17:51] Tom32 Anatine: yes talia?
[2008/09/20 17:51] Talia Tokugawa: that statemen on teh wall?
[2008/09/20 17:51] Hermit Barber: Nods
[2008/09/20 17:51] Talia Tokugawa: thats a tos
[2008/09/20 17:52] Hermit Barber: Quoting peopl;e is a TOS?
[2008/09/20 17:52] Hermit Barber: She didn't say it inm IM AFAIK?
[2008/09/20 17:52] Hermit Barber: It is on video.
[2008/09/20 17:52] Talia Tokugawa: you wish to remove it and we will let the g-team decide that?
[2008/09/20 17:52] Hermit Barber: Which one?
[2008/09/20 17:52] Talia Tokugawa: it's a promotion of racisim
[2008/09/20 17:52] Hermit Barber: What?
[2008/09/20 17:53] Talia Tokugawa: you need to remove both
[2008/09/20 17:53] Hermit Barber: How can showing that somebody running for an important office is possibly a racist equivalent to promoting racism?
[2008/09/20 17:54] Talia Tokugawa: whats you source?
[2008/09/20 17:54] Hermit Barber: Would you care to hold on a moment please.
[2008/09/20 17:54] Talia Tokugawa: you need to remove both now or I return them
[2008/09/20 17:55] Philos Kidd: is stunned
[2008/09/20 17:55] Hermit Barber: They are both unlinked from the build.
[2008/09/20 17:56] Second Life: Your 2 objects have been returned to your inventory lost and found folder by Talia Tokugawa near parcel '109' at Burning Life (Hydro) 102, 3 due to parcel owner return.
[2008/09/20 17:57] Philos Kidd: guess I will have to rethink my build now lest it be censored
[2008/09/20 17:57] Talia Tokugawa: please don't replace them or anything like them..
[2008/09/20 17:57] Hermit Barber: As this happened in open channel, I will be quoting itas far and wide as I can.
[2008/09/20 17:58] Hermit Barber: Oh I will do a new exhibit featuring your censorship of burning life.
[2008/09/20 17:58] Hermit Barber: I'm really impressed.
[2008/09/20 17:59] Hermit Barber: And BTWE, you have not yet answered my technical question.
[2008/09/20 17:59] Talia Tokugawa: you still havn't answered mine on what your source was?
[2008/09/20 17:59] Hermit Barber: I am getting my source and missed yours.
[2008/09/20 18:01] Second Life: Your object 'bl tornado v4' has been returned to your inventory lost and found folder by Talia Tokugawa from parcel '109' at Burning Life (Hydro) 73, 11 due to parcel owner return.
[2008/09/20 18:01] Hermit Barber: http://edkrebs.com/herb/index.htm
[2008/09/20 18:03] Hermit Barber: Rats
[2008/09/20 18:05] Hermit Barber: Would you regard this as "promoting racism"
[2008/09/20 18:14] Hermit Barber: I have a stand at Burning Life. It had two posters up quoting Sarah Palin. The one was ""Todd and I talked about Hurricane Katrina as God's way of cleansing New Orleans of the blacks who have sinned, the Bible predicted it" Sarah Palin (2005)" and the other ""Todd and I talked about Hurricane Katrina as God's way of cleansing New Orleans of the blacks who have sinned, the Bible predicted it" Sarah Palin (2005). After I refused to take them down (but unlinked them) Talia Tokugawa returned them. She alleged that the latter "promoted racism" and threatned me with "The G Team" I am logging the entire conversation nd will forward it to every free speech site I can think of.
[2008/09/20 18:14] Hermit Barber: Repeating myself. Excuse me

[2008/09/20 18:15] Hermit Barber: I'm still waiting for your answer on the rezzer Talia
[2008/09/20 18:16] Talia Tokugawa: the answer on the rezzer is that no it won't work
[2008/09/20 18:16] Marianne Levasseur: Crashing... BRB.
[2008/09/20 18:17] Talia Tokugawa: thought that was kinda implied from the first time you asked me about it... when you told me not to say ;)
[2008/09/20 18:17] Hermit Barber: Ah, ok. Deed to group is the only answer.
[2008/09/20 18:19] Hermit Barber: But deed to group is not enabled.
[2008/09/20 18:19] Talia Tokugawa: right
[2008/09/20 18:24] Hermit Barber: So, how do I make my rezzers operate correctly?
[2008/09/20 18:25] Tom32 Anatine: Hermit: as for all other artists, you would not be able to use rezzers due to the security settings of the estate.
[2008/09/20 18:25] Hermit Barber: I see.
[2008/09/20 18:26] Hermit Barber: And is artistic expression and political speech now being supressed throught Burning Life?
[2008/09/20 18:27] Hermit Barber: I need to know who the ACLU needs to contact.
[2008/09/20 18:27] Hermit Barber: Is there a phone number where they can reach your side of the story?
[2008/09/20 18:27] Tom32 Anatine: if the expression carried in the political statement is considered to be of rasistic nature or broadly offensive, such a statement would generally not be allowed in all Second Life
[2008/09/20 18:28] Hermit Barber: Of course. But quoting a vice presidential nominee cannot be regarded as either.
[2008/09/20 18:28] Talia Tokugawa: this is out of our hands now...
[2008/09/20 18:28] Hermit Barber: There is protection for political speech in the USA.
[2008/09/20 18:28] Talia Tokugawa: g-team is now dealing with it
[2008/09/20 18:28] Hermit Barber: Amd Linden Labs in undeniably in the USA.
[2008/09/20 18:30] Hermit Barber: In that case who at Linden Labs should the ACLU be contacting?
[2008/09/20 18:31] Talia Tokugawa: I don't know but I can ask if you want.
[2008/09/20 18:31] Hermit Barber: Please do.

[2008/09/20 18:35] Hermit Barber: And this is a Linden Labs sponsored occassion is it not?
[2008/09/20 18:35] Talia Tokugawa: supported yeah
[2008/09/20 18:40] Talia Tokugawa: okies... I should go... this seemed a like a highly controvertial situation. It's our job to flag such things and g-team to deal with the situation. This has gone to gteam... there is not much more I can do... I have passed your request for contact info "up the line" and someone should be in contact.

[2008/09/20 18:45] Talia Tokugawa: please don't replace them until the results are through from the g-team
[2008/09/20 18:47] Hermit Barber: I did not intend to. My involvement in SL goes far beyond my right as a resident of the USA and an artist making a statement about the nightmare it has become.
[2008/09/20 18:49] Hermit Barber: And Linden Labs supression of that right is I think a substantial story. I wish to be here to cover it :-)
[2008/09/20 18:51] Talia Tokugawa: okay well that decision will be linden labs decision. I have just flagged it as something to look into.
[2008/09/20 18:51] Hermit Barber: No Talia.
[2008/09/20 18:52] Hermit Barber: You issued clear threats, returned items, and then contradicted your earlier statements with your actions.
[2008/09/20 18:52] Hermit Barber: Shrugs.
[2008/09/20 18:52] Hermit Barber: It is out of your hands.
[2008/09/20 18:53] Talia Tokugawa: and indeed on that your are right.. it's now out of my hands...
[2008/09/20 18:54] Talia Tokugawa: I need to go. Someone should be in contact with you over this.
[2008/09/20 18:55] Tom32 Anatine: bye bye talia
[2008/09/20 18:55] Hermit Barber: I very much hope so. You were getting me the name and number of the contact person
[2008/09/20 18:56] Talia Tokugawa: I said I passed your request up.
[2008/09/20 18:56] Cube Republic: hi
[2008/09/20 18:56] Philos Kidd: sry brb
[2008/09/20 18:56] Philos Kidd: afk
[2008/09/20 18:56] Talia Tokugawa: If it is me that is given the details I will pass them to you. I do not have them at the moment
[2008/09/20 18:57] Talia Tokugawa: *waves*
[2008/09/20 18:57] Tom32 Anatine: *waves back*
[2008/09/20 18:58] Hermit Barber: Thank-you
[2008/09/20 18:58] Tom32 Anatine: hermit, another quesiton... does this nice stargate work actually?
[2008/09/20 18:58] Hermit Barber: Yes
[2008/09/20 18:58] Hermit Barber: Walk into it
[2008/09/20 18:58] Tom32 Anatine: woah, where does it take one to?
[2008/09/20 18:58] Hermit Barber: It will give you the map.
[2008/09/20 18:58] Hermit Barber: L:ast place I came from
[2008/09/20 18:58] Tom32 Anatine: ah and what is to be found there if I may ask?
[2008/09/20 18:59] PORTAL Stargate whispers: If the map doesn't appear, please touch the portal, then click TELEPORT on the map to travel.
[2008/09/20 18:59] PORTAL Stargate whispers: If the map doesn't appear, please touch the portal, then click TELEPORT on the map to travel.
[2008/09/20 18:59] Hermit Barber: At the moment SmarterEarth's Museum of Earth Friendly Technology. A work in progress.
[2008/09/20 18:59] PORTAL Stargate whispers: If the map doesn't appear, please touch the portal, then click TELEPORT on the map to travel.
[2008/09/20 19:00] Tom32 Anatine: ah coo, but do you think that such would work on the Playa out there in the Nevada High Desert?
[2008/09/20 19:01] Hermit Barber: This one will vaniosh if I move away from it, but I have others that would work anywhere.
[2008/09/20 19:01] Tom32 Anatine: ah so once you leave here it is gone, it is not a permanent piece of your installation?
[2008/09/20 19:01] Hermit Barber: In Nevada it would lead to the person logging into SL one assumes.
[2008/09/20 19:01] Hermit Barber: Correct Tom
[2008/09/20 19:02] Hermit Barber: If you are looking for other items to complain about, please tell me so directly instead of approaching it laterally like some kind of demented crab.
[2008/09/20 19:03] Tom32 Anatine: ah cool then, see Burning Life tries to get as realistic and close to Burning Man as possible, and since you cannot just zap yourself thousands miles far in RL, this would not work here either, but if you remove it once you leave and just use it right now for creative reason that is cool
[2008/09/20 19:03] Hermit Barber: Good.
[2008/09/20 19:04] Tom32 Anatine: we do that everywhere and not just for you, it is just to keep up the spirit of having crossed the line, of being somewhere out there without any ability to just easily return
[2008/09/20 19:05] Tom32 Anatine: thanks for your understanding and have a nice night, I will be leaving for now
[2008/09/20 19:05] Cube Republic: lol

Build Destroyed by having Items Returned in Pieces Without Warning or Discussion

The next thing was that on 2008-09-24 items from my exhibit were returned - in pieces - by Tom32 Anatine. This was not preceded by, nor followed by any form of communication from Tom32, Linden Labs or any other member ofthe Burning Life management.

[18:44] Second Life: Your 13 objects have been returned to your inventory lost and found folder by Tom32 Anatine near parcel '109' at Burning Life (Hydro) 97, 8 due to parcel owner return.
[18:46] Second Life: Your object 'BL Stage Cover' has been returned to your inventory lost and found folder by Tom32 Anatine from parcel '109' at Burning Life (Hydro) 122, 12 due to parcel owner return.
[18:46] Second Life: Your object 'Object' has been returned to your inventory lost and found folder by Tom32 Anatine from parcel '109' at Burning Life (Hydro) 98, 12 due to parcel owner return.
[18:46] Second Life: Your object 'Object' has been returned to your inventory lost and found folder by Tom32 Anatine from parcel '109' at Burning Life (Hydro) 110, 12 due to parcel owner return.
[18:48] Second Life: Your object 'Block' has been returned to your inventory lost and found folder by Tom32 Anatine from parcel '109' at Burning Life (Hydro) 115, 16 due to parcel owner return.
[18:48] Second Life: Your object 'Block' has been returned to your inventory lost and found folder by Tom32 Anatine from parcel '109' at Burning Life (Hydro) 117, 12 due to parcel owner return.
[18:48] Second Life: Your object 'Block' has been returned to your inventory lost and found folder by Tom32 Anatine from parcel '109' at Burning Life (Hydro) 115, 7 due to parcel owner return.
[18:49] Second Life: Your object 'Target' has been returned to your inventory lost and found folder by Tom32 Anatine from parcel '109' at Burning Life (Hydro) 81, 11 due to parcel owner return.
[18:50] Second Life: Your 6 objects have been returned to your inventory lost and found folder by .:Burning Life:. near parcel '109' at Burning Life (Hydro) 118, 12 due to parcel owner return.

I attempted to ask why in the Burning life channel -

[18:51] IM: Hermit Barber: On 2008-09-20 Talia Tokugawa an organizer of Burning Life, and a Second Life Mentor representing Linden Labs at this sponsored event, asserted that quoting things Sarah Palin is reported to have said was racist and broadly offensive. Which perhaps tells us where Sarah Palin is coming from. It seems that Talia got the point as to why I included them! Talia then vandalized my exhibit by returning items from it, in so doing suppressing protected speech, and then allegedly reported me to “The G-Team,” presumably an extra-legal Linden body named to intimidate; and given the possible consequences, surely an example of prior restraint.
[18:51] IM: Hermit Barber: As Talia either reported me to the G-Team or lied about having done so, in public and with witnesses, some public communication from them seems to be in order.

On the same occasion I was effectively warned by Tom32 Anatine that items not possible at the physical Burning Man are not welcome at Burning Life. This seems to potentially impact many exhibitors at the Burning Life exhibition and I don't think it has been sufficiently addressed by the organizers. Stupid strategy or not (after all, a Stargate Portal at the physical Burning Man might well house a Wifi connection and an SLURL to bring a visitor into the Burning Life exhibition), surely such a policy should apply to everyone or no one? My stand held nothing like that. I was also told that due to "security" requirements, rezzers are not permitted at Burning Life. While this certainly all but precludes dynamic displays, e.g. of fireworks or other projectiles, which are, of course, a major feature at the physical Burning Man I am not sure how this improves security. Given how many people this potentially affects, this too appears to be a matter deserving a public response.

At this point I have heard nothing more from “The G-Team” (or had any communication from Linden Labs (or Talia despite her having undertaken to provide contact information)) and I still see many “improbable if not impossible” exhibits at Burning Life. Earlier today I sent a letter to Linden Labs requesting that they issue a directive on this issue. I am now seeing my items being returned with no further discussion. Has it happened to anyone else here? Is there any reason for this action being taken?

Banned from The Burning Life Sims

As of 2008-09-27, I can confirm that I was banned from visiting the Burning Life Exhibition space as well. Still with no word from Linden Laboratories.

Ticket Closed

Then on 2008-11-21 this was sent closing the Ticket:

Hi there,

Sorry for the delay in replying to this ticket, it was misfiled by the system.

No warning or suspension was recorded on your account regarding this incident.

We value an open environment in which residents feel free to express themselves, even when their views may not be popular as long as those expressions do not marginalize, belittle, or defame individuals or groups.

In future we will be looking closely at Linden events and resident moderator involvement to avoid problems such as the incident you describe.

Best regards,

Harry Linden

Ticket Reopened

I reopened it on 2008-11-23

Harry, my position wasn't a minority position (there are far more liberals on SL than in the physical world, and as the election showed, this is reflected in the US preference for Obama/Biiden over McCain/Palin), but had it been, it would have been even more important to protect it. I have reopened this ticket in that you have not addressed my questions about protected speech, you might ask your corporate counsel to advise you on the probable applicability of Pruneyard vs Robins given that LL is a California Corporation, creates attractions for the public and markets this world as belonging to the residents. Thank-you for your attention.

Ticket Reclosed

Only to have it closed again on 2008-12-03

Hi there,

I'm unable to assist any further with this ticket.

Please contact contact-legal@lindenlab.com if you wish to continue the discussion with our legal team.

Best regards,

Harry Linden.

Despite Harry Linden's Claim's Above, I'm Still Banned A Year Later

2009-10-26 Despite the above, I'm still banned from the Region!

New Trouble Ticket Created #4051-6942016

Please refer Ticket #4051-5290615

Despite Harry Linden having replied:

"No warning or suspension was recorded on your account regarding this incident.

In future we will be looking closely at Linden events and resident moderator involvement to avoid problems such as the incident you describe."

I discover I am still banned from the Burning Life Sims. Given your acknowledgement that I was not at fault I would appreciate this ban being removed.

For any further information, a full discussion is available at http://emilie.hermit.net/?q=node/153

28/10/2009 6:43 AM PDT

Closed