Are RL trademarks used in-world intended to be ironic?
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Brenda Connolly
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Join date: 10 Jan 2007
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11-20-2007 10:44
From: Chas Connolly Sorry, Brenda, but I have to disagree. A discussion - and then this thread - was started on the general subject of the use of RL brands in SL. No flaming was intented and there was no attack on Michael personally. His mention of his Nikon camera sparked the discussion, but it was a general question.
Look at the posts.
So perhaps we should be asking another question: Why does one particular person feel the need to turn any and every discussion of certain subjects into a discussion about himself and interpret said discussions as personal attacks? And why do so many of this poor, ill-understood person's posts begin with the words "You guys....", lumping so many different people with different opinions into one group set solely on attacking this poor defenceless soul? It's OK Chas , you can disagree with me.........just this once.
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Cristalle Karami
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Join date: 4 Dec 2006
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11-20-2007 10:46
From: Hugsy Penguin I assume (which means I could easily be wrong) that licensing isn't necessarily quick and easy to get, but I agree that's the proper thing to do.
To me, there is a matter of scale here which is purely gut feeling. There's a point where a real-world company is so large and the SL resident who "ripped them off" is so small that it's simply not worth anyone's time worrying about it.
--Hugsy I haven't tried it, so I wouldn't know. I would imagine that, typically, it's not easy. It would take some very considered thought, in the case of SL, and would seem like more trouble than it's worth (to me), but if you were going big and wanted to be the next Dazzle, and wanted to earn a rl income from it, definitely.
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Lexxi Gynoid
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Join date: 6 Aug 2007
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11-20-2007 10:48
From: Brenda Connolly It's OK Chas , you can disagree with me.........just this once. I responded before I ever knew that HAV3 unit had anything to do with this thread or that there was some other thread. I still have no idea what this other thread might be. The implication that people are only "bashing" Bigwig was annoying enough that I wrote this post. And ended up bashing Bigwig by saying "robot", thus proving your point.
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Kitty Barnett
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11-20-2007 10:48
From: CCTV Giant Didn't Coca Cola give away the licensing in SL?
Just curious......... There doesn't seem to be an official statement from The Coca Cola Company directly, but it seems to be implied by alleged official quotes. http://secondlife.reuters.com/stories/2007/06/28/coca-cola-gives-away-its-trademark-in-sl/
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Michael Bigwig
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11-20-2007 10:50
From: Brenda Connolly ... he is getting hammered a bit just because he is who he is. Hey, I resemble that remark! 
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Michael Bigwig
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11-20-2007 10:53
From: Kitty Barnett Maybe because they won't resort to trademark infringement to boost their sales and let their items stand on their own merit?
If you wanted to pay homage to Nikon you could simply use the logo and keep the brand name out of the item name and/or description, but it sounds like you're marketing it as a "Nikon Camera" rather than a "Michael Bigwig camera" so I personally don't buy the "I like the brand" story. So, in your eyes, using the logo without the name is...acceptable? /me gets confused
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Trout Recreant
Public Enemy No. 1
Join date: 24 Jul 2007
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11-20-2007 10:55
From: Lexxi Gynoid I responded before I ever knew that robot had anything to do with this thread or that there was some other thread. I still have no idea what this other thread might be. He's not a robot. He's a HAV! ...and, Chas, I think he's got a lot of relevance in this thread. The OP asked why builders would use real life logos on their products. He's a content creator and he's actually doing this. So far he's the only one who has admitted to doing it in this thread and he's justifying his reasons for doing it. Even if people don't accept his reasoning, that doesn't mean that he isn't relevant to the thread or that he's making it all about him. He and I disagree on this issue, although we agree that it isn't a major crime on the grand scale of things. It's pretty harmless. He's certainly adding to the thread though.
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Michael Bigwig
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11-20-2007 10:55
From: Cristalle Karami I normally stay away from threads that morph from whatever the topic was to being about Michael Bigwig, but this one offends me on principle...something Michael cannot seem to grasp. It's not about Michael in particular, and he is no martyr here. The practice is wrong. Period. It is not something that should be dismissed simply because it serves a person's selfish ends, however profitless. We shouldn't condone it just because it is happening to a big, seemingly faceless company. It's not about jealousy - a ludicrous concept considering that most of us do not compete in that market. But loosening up that rule leads to loosening elsewhere, and someone may eventually think it's okay to trade off the Glowbox Designs name because they're huge in comparison to them. This is exactly what is happening to Stroker, and I'm damn sure VC thinks it's okay because Stroker's business is so huge in comparison to his. Fair enough. But I assure you all, I'm in this for the enjoyment of it all. I'm not in this to screw other people. That's all I can say. Be as critical as you want about this, it won't change the fact that 1) I agree and 2) I disagree. *shrugs*
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Lear Cale
wordy bugger
Join date: 22 Aug 2007
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11-20-2007 10:55
From: Malachi Petunia Too bad trademark law and your sentiments don't agree with each other. So, if I understand your feelings, it is okay for you to copy Nikon's work, but it would be bad if I copied your copy? Okay, got it. Malachi, as long as the original image wasn't digital, infringing a copyright isn't criminal, it's civil. It's up to the infringed party to police. Companies infringe on each others' intellectual property all the time as a business risk based on their assessment of the cost/benefit ratio, including assessment of validity and enforceability of claims. (Blatant infringement is usually too costly, thank goodness.) So, while you can make an ethical or legal argument, in the end it's a business decision. Note that he isn't copying Nikon cameras wholesale, or competing with Nikon. He doesn't even know whether Nikon cares. He's taking the risk that they might, and he runs the risk of a lawsuit if they do. He is perfectly entitled to do so. If his object is not copy/xfer, and you copy it, you're violating DMCA and committing a criminal act according to US laws. There is a difference. You may think there's not, but US laws *do* make a significant distinction.
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Trout Recreant
Public Enemy No. 1
Join date: 24 Jul 2007
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11-20-2007 10:56
From: Michael Bigwig So, in your eyes, using the logo without the name is...acceptable?
/me gets confused /me points to post #36 for a solution.
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Joseph Abel
Leaves no pawprints...
Join date: 20 Aug 2006
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11-20-2007 10:58
Overall (and this is just a rule of thumb for me) whenever I see a RL brand name on a product being sold in SL, it has always made me think the product itself was inferior, and only the addition of a recognizable brand name would induce anyone to spend their money on it.
I am certain that's not always the case - and of course, the "true" RL brands that come into SL and try to make a go at success with their own islands and products and branding have actually been known (I think) to make some stuff that's worth buying. But not much.
Personally, if I could make things that people wanted to buy, I'd want my own name on the stuff.
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Michael Bigwig
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11-20-2007 10:59
From: Trout Recreant I'm not straying too far off topic here, but the Frank Lloyd Wright analogy got me to thinking. If you designed houses based on Wright's style of architecture and his philosophies of design, without specifically copying his work, you would be well within your rights to say that you designed buildings inspired by the works of Frank Lloyd Wright, or in the tradition of Frank Lloyd Wright. Nobody would be under the impression that your builds were in any way sanctioned by Frank Lloyd Wright (or his estate...whomever is in control of the IP now - I know he's dead).
At any rate, Michael, why don't you do that with your products instead of just taking the brand name. It's your design, after all. Say that it was inspired by Nikon's classic lines and handling or something like that. Obviously, from your posts that's true, and then you would be paying your respects to Nikon without pilfering their brand. I will do this. I agree with you guys, but not in the sense that you think. I prefer to have my own identity, I always have--clearly you can see this is my own signature...I take pride in GBD, and aim to have that brand heard. I agree Trout, on all accounts.
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Michael Bigwig
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11-20-2007 11:02
From: Chas Connolly So perhaps we should be asking another question: Why does one particular person feel the need to turn any and every discussion of certain subjects into a discussion about himself and interpret said discussions as personal attacks? And why do so many of this poor, ill-understood person's posts begin with the words "You guys....", lumping so many different people with different opinions into one group set solely on attacking this poor defenceless soul? Oh, so it's a one way street Chas? That's ridiculous...oh come on. I'm running the forums and I make everyone talk about me? That's crazy talk man.
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~Michael Bigwig __________________________________________________Lead Designer, Glowbox Designs 
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Michael Bigwig
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11-20-2007 11:05
From: Lexxi Gynoid I responded before I ever knew that robot had anything to do with this thread or that there was some other thread. I still have no idea what this other thread might be. Wow, that was incredibly rude Lexxi. Firstly, Trout is right, I'm an HAV 3 unit...not a robot. But mostly, that was a pretty mean way to word things. Geez.
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Lear Cale
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11-20-2007 11:05
I made a model of my Martin guitar in SL, using pictures I took of my Martin guitar. Do you think I should photo-shop out the logo?
That decision is up to Martin & Co.
I've done the same thing with a number of my RL instruments. I name them what they are representative of. If any of the companies sends me a cease & desist letter, I will comply.
I don't sell these items, though I do give them away (copy/mod/xfer). I realize I'm running a risk here but fankly I don't think it's a big one. I sell things I make, but I don't sell any branded items. It's not my intention to profit from the use of any company's logo.
For example, I wouldn't hesitate to make myself a Nike shirt with a nice swoosh on it if I felt like it. But I wouldn't sell such Nike shirts.
BTW, companies have to be careful about things like SL. The wisest thing for most of them to do is turn a blind eye. Pressing lawsuits isn't likely to benefit them much; it's more likely to get them bad publicity. But allowing free use of their logos would also be a mistake, because who knows, someday they might have a stake in the virtual world.
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Michael Bigwig
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11-20-2007 11:06
From: Trout Recreant He's not a robot. He's a HAV!
...and, Chas, I think he's got a lot of relevance in this thread. The OP asked why builders would use real life logos on their products. He's a content creator and he's actually doing this. So far he's the only one who has admitted to doing it in this thread and he's justifying his reasons for doing it. Even if people don't accept his reasoning, that doesn't mean that he isn't relevant to the thread or that he's making it all about him.
He and I disagree on this issue, although we agree that it isn't a major crime on the grand scale of things. It's pretty harmless. He's certainly adding to the thread though. Wow, thank you. To be mentioned with respect in here is a rare thing...it's nice to hear. Cheers.
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Chas Connolly
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11-20-2007 11:08
From: Trout Recreant He's not a robot. He's a HAV!
...and, Chas, I think he's got a lot of relevance in this thread. The OP asked why builders would use real life logos on their products. He's a content creator and he's actually doing this. So far he's the only one who has admitted to doing it in this thread and he's justifying his reasons for doing it. Even if people don't accept his reasoning, that doesn't mean that he isn't relevant to the thread or that he's making it all about him.
He and I disagree on this issue, although we agree that it isn't a major crime on the grand scale of things. It's pretty harmless. He's certainly adding to the thread though. Yes, perhaps. But only Michael would interpret every single post on the subject a personal attack when other people and myself (including the OP Qie) were trying quite hard to make this a non-flaming general discussion. Of course Michael can put his point of view. He's a forum member, but his getting on his very, very high horse every single time is becoming a little tiresome. People are often accused of attacking Michael because of who he is. A rather odd statement, what? The fact is, you cannot simply disagree with Michael, as any opinion other than his own is seen as a personal attack by 'us guys'. Discussion as such is impossible. Not much fun, really, especially when it provokes truly personal and vitriolic attacks on someone who is probably very talented and really is very good for SL.
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Qie Niangao
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11-20-2007 11:10
From: Michael Bigwig I take pride in GBD, and aim to have that brand heard. Hmmm... "GlowBox", "WhisperBox"... one might think the OP was an elaborate troll. 
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Oryx Tempel
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11-20-2007 11:12
/me points to post #39. Michael is violating the TOS, pure and simple. LL has stated that any resident may AR someone like Michael, and all his cameras will be removed. I think it's pretty damned clear how LL feels about it.
[Edit: For people who can't find it:
Linden staff generally removes content that uses trademarks without apparent authorization, with or without giving notice to the object owner. This generally includes all real life corporate logos and brand names.
It is often difficult to tell what may or may not be trademarked. However, use of designer logos and brand names without permission, such as Gucci, Nike, Louis Vuiton, etc., are usually not acceptable. Any resident may file an abuse report if they see any other resident making unauthorized use of trademarked material in Second Life.]
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Kitty Barnett
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11-20-2007 11:12
From: Michael Bigwig So, in your eyes, using the logo without the name is...acceptable?
/me gets confused I already said it doesn't make things any less 'wrong' in an earlier post, sorry for thinking you'd remember  .
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Lexxi Gynoid
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Join date: 6 Aug 2007
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11-20-2007 11:13
From: Joseph Abel Overall (and this is just a rule of thumb for me) whenever I see a RL brand name on a product being sold in SL, it has always made me think the product itself was inferior, and only the addition of a recognizable brand name would induce anyone to spend their money on it.
I am certain that's not always the case - and of course, the "true" RL brands that come into SL and try to make a go at success with their own islands and products and branding have actually been known (I think) to make some stuff that's worth buying. But not much.
Personally, if I could make things that people wanted to buy, I'd want my own name on the stuff. /me nods
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Lexxi Gynoid
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11-20-2007 11:14
From: Michael Bigwig Wow, that was incredibly rude Lexxi. Firstly, Trout is right, I'm an HAV 3 unit...not a robot. But mostly, that was a pretty mean way to word things.
Geez. I know, but it was not directed at you.
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Michael Bigwig
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11-20-2007 11:14
From: Chas Connolly Yes, perhaps. But only Michael would interpret every single post on the subject a personal attack when other people and myself (including the OP Qie) were trying quite hard to make this a non-flaming general discussion.
Of course Michael can put his point of view. He's a forum member, but his getting on his very, very high horse every single time is becoming a little tiresome. People are often accused of attacking Michael because of who he is. A rather odd statement, what?
The fact is, you cannot simply disagree with Michael, as any opinion other than his own is seen as a personal attack by 'us guys'. Discussion as such is impossible. Not much fun, really, especially when it provokes truly personal and vitriolic attacks on someone who is probably very talented and really is very good for SL. Some of them are personal attacks Chas, to deny that would be outright lying. I don't ride any high-horse. I tell you what I think in a straightforward manner...I really try not to patronize or act 'high and mighty.' And there is definitely a bias towards me. Denying that is silly. So, no one can just disagree with me? Well...what about some of you. Are you not calling the kettle black here? From: Chas Connolly ...truly personal and vitriolic attacks on someone who is probably very talented and really is very good for SL. Isn't that what you're doing to me? I don't know...I grow weary.
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~Michael Bigwig __________________________________________________Lead Designer, Glowbox Designs 
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Chas Connolly
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11-20-2007 11:16
From: Oryx Tempel /me point to post #39. Michael is violating the TOS, pure and simple. LL has stated that any resident may AR someone like Michael, and all his cameras will be removed. I think it's pretty damned clear how LL feels about it. But of course we won't do that will we? We'll let Michael reconsider, as Desmond has suggested, and perhaps the Glowbox camera will be THE camera used by SL photographers in the near future, and something Michael can be truly proud of.
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Michael Bigwig
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11-20-2007 11:16
From: Qie Niangao Hmmm... "GlowBox", "WhisperBox"... one might think the OP was an elaborate troll.  That didn't go unnoticed...no need to call out a clever joke for us stupid audience members.
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~Michael Bigwig __________________________________________________Lead Designer, Glowbox Designs 
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