Last update: December 26, 2009
This charter is proposed in order not to fall again into the failures of the 2D Internet: forums for stalking, violations of copyright (exploitation of the artists), cyber-lynching, browsers war, bugs, etc. However this is achieved without requiring new laws, and with the use of basic notions such as respect of privacy.
But it also aims at protecting users and creators of the WEM against «situation which must not happen», that is judiciairy of government abuses (forfeit): censorship, dictatorship, tracking users, etc.
Friday September 11, at 12 PM SLT: Conditions and tools for virtual worlds. Place: The Shedrupling University, in Andraca/248/202/50/ (If you have a Second Life account, this link will lead you to the place. Otherwise you will have to click on the orange button, top right of the page, to install the software and open a free account. Don't wait for the last minute, you need several hours to have the system in hands)
1 - The Virtual Worlds System, composed of the Character Hosting Companies, Virtual Worlds Hosting Companies, World users/owners groups and the WEM Management, has for purpose to provide a full freedom of expression, purposes, styles, philosophies and activities into the virtual worlds.
Each of these companies or group is economically and legally independent, but they all support the WEM Management, as a common service.
The WEM management is made of two entities:
The WEM Technical Management is a non-profit organization which handles the routine technical or legal issues. It has authority to certify software or hardware, or to request bugs solving.
The WEM Technical management is supervised by the International Virtual Worlds Management Council, a non-profit organization which gathers artists, humanitarian people, spiritual people and philosophers, being psychologically normal, and having positive views toward virtual worlds, arts, science, spirituality, social evolution, or human rights. The ordinary purpose of the International Virtual Worlds Management Council is to take decisions regarding technical, human or legal evolution of the WEM system and virtual worlds at large, keeping a watch on new technologies and new types of uses, in order to implement them or to solve any new issue which may arise.
2 - Character Hosting Companies, Virtual Worlds Hosting Companies, software designers and the WEM Technical Management provide the best available quality offers and most recent technologies, and allow the virtual worlds for running as best as technically possible. They offer stable, simple, logical and intuitive user interfaces suitable for all.
3 - Character Hosting Companies and the WEM management actively protect virtual worlds, users and owners, the enjoyment of virtual worlds and fitness to any purpose or style, against any sabotage, abuse, griefing, harassing, tempering software, piracy, copyright theft, spam, viruses, censorship, abuses indicated in point 7, etc.
4 - Character Hosting Companies are neutral partners for both users and world owners. They don't impose any explicit or implicit purpose, roleplay, philosophy, ideology, style, way of being, national view, etc.
5a - Character Hosting Companies are a safe recipient for any private, copyrighted or confidential data, that they will not disclose. Character Hosting Companies will store all the data of a character or user into a reliable way, even in case of large unpredictable events like catastrophes, wars, dictatorship, bankruptcy, theft, etc.
5b - To the users, the Character Hosting Companies will allow them with a stable federated identity for their characters, that they will be able to easily transfer to another Character Hosting Company, while keeping all its elements and properties, including pending disciplinary measures.
5c - In favour of the world owners, the Character Hosting Companies will perform checking of the physical identities of the users, with several reliability levels. Each world will be open to the level the owner will think fit.
6 - Valid exceptions to point 5a are for activities infringing on the respect of the persons and the good functioning of the physical and virtual societies: - Physical, virtual or intellectual property theft - physical, moral or sexual violence, ragging, attacks, stalking, defamation, violation of private life, identity theft, use of the image... - Exploitation of work - racist, sexist discrimination, hateful speech, calls to violence, extremism - delinquency or terrorism into the physical world. - virtual representation of some especially nasty, violent or disgusting activities.
In case of a dispute between users or world owners, Character Hosting Companies neutrally gather evidences and fairly apply decisions. Character Hosting Companies may manage a first level in dispute solving, when it is enough to automatically apply rules. But unresolved disputes must go to appropriate courts or instances, together with the set of evidences gathered by the Character Hosting Company. So the legal rôle of Character Hosting Companies is clearly established from the beginning, to avoid falling again into the dreadful lack of care of the 2D Internet access providers.
National or international laws are expected to efficiently cope with all these situations.
For these purposes, Character Hosting Companies will provide judiciary tools and authorizations to intervene or gather evidences into the virtual worlds, according to the laws and procedures on judiciary inquiries, especially on protection of private life and freedom of expression. However they shall remain independent of judiciary or police authorities.
7 - There may be some abnormal situations which should not happen, where the International Virtual Worlds Management Council may have to take extraordinary decisions, in order to protect virtual worlds and their users:
7a - Being neutral sometimes leads to be trapped into situations where neutrality is turned against its purpose and becomes harmful in its turn, such as in stalking, griefing, discriminations, cults and fanaticism issues, etc. If any situation makes that keeping neutral results into harm or injustice, whatever into morals, politics, spirituality, lifestyle, philosophical choices, etc. then the WEM management will favour the most positive view, going toward the overall welfare, happiness and evolution of mankind and individuals: freedom against dictatorship, organisation over disorder, peace against war or violence, peace keeping over lefting violence going on, beauty against ugliness, calm against noise, environment against destruction of nature, society welfare over petty interests, spoiled people over privileged people, altruism over egocentricity, respect of persons over stalking, true spirituality against cults or fanaticism, science against beliefs and dogma, objective or checked information against lies and rumours, understanding and ponderation against extreme views, mankind or persons over national views, etc.
7b - The rightful purpose of laws or state decisions is to protect persons and society. For this reason it is a duty to obey them, even if they show unpleasant in some cases. However when law and state decisions are turned against this legitimate purpose, the duty may become not to obey them. For this reason, the Virtual Worlds System shall not collaborate with, or be used for any activity related to war, international disputes, state or private spying, conflicts, dictatorship, repression of freedom, propaganda, violations of human rights, destruction of environment, attacking or discriminating users or characters of an «enemy» country. The Virtual Worlds System may however collaborate with truly legitimate defence or clear humanitarian intervention. The Virtual Worlds System shall not collaborate with governments which limit freedom of expression, infringe into human rights, or in a general way don't provide with enough protection of the persons and their rights.
The situations in point 7b are not a legitimate application of point 6, so that in these cases point 6 is not a valid exception to point 5a. Governments concerned by point 7b shall be banned from the International Virtual Worlds Management Council or technical WEM management, and shall see their judiciary authorisations and tools removed of the Virtual Worlds System. Character Hosting Companies concerned by point 7b shall see their judiciary authorisations and tools removed of the Virtual Worlds System. Depending on their responsibility, these Character Hosting Companies may get a degraded statute allowing world owners to ban them from their worlds. Depending on their responsibility, the users of these Character Hosting Companies can be banned, restricted, or on the contrary get a protected statute, untouched by the blame on their Character Hosting Company: the Metaverse political refugee statute.
Countries or Character Hosting Companies which are not usually concerned by point 7b, but do it in a peculiar case, may see their judiciary tools and authorisations disabled, on this peculiar case or for a given magistrate (Outreau Clause). In a reverse way, governments aimed at by point 7b, can receive judiciary authorisations, on a case per case basis, for obvious criminal affairs, as soon as they pay checking costs by the WEM.
7c - Extraordinary Decisions regarding point 7a and 7b, and also regarding any extreme situation in points 3, 4 and 5a, will be taken by the International Virtual Worlds Management Council, acting as an Human Rights Watch. In this case, it will have power to control the switches in the Virtual Worlds System, about judiciary authorisations and tools. Its decisions are to be based on ponderated, objective and multisource data, and on scientific data when relevant.
7d - The International Virtual Worlds Management Council should be a part of the United Nations, or accept its commands, into the frame of an international law system protecting virtual worlds and their users. But this cannot be, as long as countries which violate human rights are involved into the management of the United Nations, or in a general way as long as endure the today anarchy at an international level. So until these problems are solved, the WEM management will remain an independent body. It will work discretely to achieve its purpose at best, at need in collaboration with international authorities. But if these international authorities are defaulting, then the International Virtual Worlds Management Council will take the decisions a good international laws and decisions system should take.
-This description of the WEM architecture is covered by a GNU GPL license, distinct of the Kailye license. The only author is Richard Trigaux (Yichard Muni in Second Life).
-The «WEM» name is covered by the same terms. The WEM is a type of network architecture.
-All future versions, modifications, additions, MUST be covered by the same terms, whoever their author.
-Other future authors or contributors, persons or companies, are free to acknowledge their contribution.
-Any of these texts can be reproduced without asking authorisation, provided that the source, license type and authorship are indicated.
-Anybody is free to implement and use the WEM architecture for any legal purpose save military, for free or for commercial use, without having to ask for authorisation or without owing any money.
-The previous point is valid TO THE CONDITION that the resulting product or creation is interoperable with similar or related products or software of other source or brand. Use of WEM architecture is not free into closed systems, such as for instance a simulator or a platform world with can be accessed with only some specialized browser or special character. In this case the WEM Intellectual property rights are those of a classical copyright owned by Richard Trigaux (expandable to other contributors).
Proof of anteriority:
Legal disclaimers (laws of democratic countries, or International Law if none apply):
-Use of the Kmetaconn command or the Konnect command is allowed only into the context of the WEM architecture, or another with the same legal bindings, into the legal conditions described in 11.4 - Judiciary uses of the Konnect command and 11.5 - World metaconnexion request: the Kmetaconn command.
-Use of WEM-Kailye flags about personal data is allowed only if they reflect exact facts and are used into the legal conditions about privacy protection. This data is considered private, as long as the concerned person does not specify otherwise.
-Places or elements with the private flag are legally private.
-Use of ~legal Kailye covenants and other legally binding elements is allowed only if they are used into the legal conditions about such bindings. But if so, they actually legally bind the concerned persons or companies, under their responsibility.
-Use, abuse or default of legal WEM and Kailye elements is under the responsibility of the involved persons or companies.