Changes to the TOS (see my update)
M Linden has made a blogpost (FULL of extra spaces that hurt my eyes - what's up with that?) referring to the changes in the TOS. I'm just heading to read the TOS itself, but his post talks about licenses now spelled out that flow LL<->customer, customer<->customer, customer<->LL.
*skims* So far the changes seem to clarify a clouded issue in a good way for both machinima and snaps. Yay!
"7.4 You also grant Linden Lab and other users of Second Life a license to use in snapshots and machinima your Content that is displayed In-World in publicly accessible areas of the Service.
You agree that by uploading, publishing, or submitting any Content to or through the Servers for display In-World in any publicly accessible area of the Service, you hereby grant each user of Second Life and Linden Lab a non-exclusive, worldwide, royalty-free, sublicenseable and transferable license to photograph, capture an image of, film, and record a video of the Content, and to use, reproduce, distribute, prepare derivative works of, display, and perform the resulting photograph, image, film, or video in any current or future media as provided in and subject to the restrictions and requirements of our Snapshot and Machinima Policy. The foregoing license is referred to as the "Snapshot and Machinima Content License."
"Publicly accessible" areas of the Service are those areas that are accessible to other users of Second Life. If you do not wish to grant users of Second Life a Snapshot and Machinima Content License, you agree that it is your obligation to avoid displaying or making available your Content to other users. For example, you may use Virtual Land tools to limit or restrict other users' access to your Virtual Land and thus the Content on your Virtual Land."
Update: The Mamachinima groups chatters told me I am FOS (as usual) and that it isn't AT ALL the way I thought, but has requirements as far as permissions are concerned that are laid out in the machinima guidelines. I don't see what's really so terribly different except that there is an official policy and before there was not really much of a policy as it is a newish legal area. A lot of people are saying they are throwing in the towel, but who knows what will happen.