Are RL trademarks used in-world intended to be ironic?
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HoneyBear Lilliehook
Owner, The Mall at Cherry
Join date: 18 Jun 2007
Posts: 4,500
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11-20-2007 11:17
From: Michael Bigwig I enjoy all of the input I've received. I think some of you need to look more closely as to whether you really think what I'm doing is 'wrong', or you're jumping on the band-wagon because it's easy to do. There are gray areas my fellow citizens...life isn't black and white....neither is content creation.  Michael, I'm a RL legal secretary and have been for years. I've worked in Patent and Trademark Law and I really do hate to break it to you, but Nikon is trademarked. The use of their name is a violation of Federal Trademark Law. Now, the likelihood of them coming into SL and finding Nikon being used by you, and suing is very small. However, it's wrong, you know it's wrong, and no amount of justification is going to make it right.
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Virtual Freebies now has its own domain! URL=http://virtualfreebiesblog.com The Mall at Cherry Park - new vendors, new look!
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Michael Bigwig
~VRML Aficionado~
Join date: 5 Dec 2005
Posts: 2,181
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11-20-2007 11:17
From: Oryx Tempel /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.] That's nice guys...thanks. Do it...go for it. Be the 'a typical' jerks of the world. Ya, I really deserve it don't I?
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~Michael Bigwig __________________________________________________Lead Designer, Glowbox Designs 
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Michael Bigwig
~VRML Aficionado~
Join date: 5 Dec 2005
Posts: 2,181
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11-20-2007 11:17
From: Kitty Barnett I already said it doesn't make things any less 'wrong' in an earlier post, sorry for thinking you'd remember  . Classy. Thanks.
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~Michael Bigwig __________________________________________________Lead Designer, Glowbox Designs 
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Trout Recreant
Public Enemy No. 1
Join date: 24 Jul 2007
Posts: 4,873
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11-20-2007 11:17
From: Chas Connolly
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.
I disagreed with him - go check my posts. He didn't act like it was a personal attack at all. We had a discussion and I proposed a workable solution, with which he agreed. Neither one of us personally attacked the other. As a point of fact, I often disagree with Michael. I just do so respectfully.
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Oryx Tempel
Registered User
Join date: 8 Nov 2006
Posts: 7,663
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11-20-2007 11:19
From: Michael Bigwig That's nice guys...thanks. Do it...go for it. Be the 'a typical' jerks of the world. Ya, I really deserve it don't I? Michael, I NEVER SAID I was going to AR you. I'm saying that any resident COULD, and would be within rights to do so. Relax a little.
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Michael Bigwig
~VRML Aficionado~
Join date: 5 Dec 2005
Posts: 2,181
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11-20-2007 11:20
From: HoneyBear Lilliehook Michael, I'm a RL legal secretary and have been for years. I've worked in Patent and Trademark Law and I really do hate to break it to you, but Nikon is trademarked. The use of their name is a violation of Federal Trademark Law. Now, the likelihood of them coming into SL and finding Nikon being used by you, and suing is very small. However, it's wrong, you know it's wrong, and no amount of justification is going to make it right. Don't worry Honey...you're not 'breaking anything to me' or us...we are all well aware of what I'm doing. Thanks though.
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~Michael Bigwig __________________________________________________Lead Designer, Glowbox Designs 
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Chas Connolly
Registered User
Join date: 24 Jan 2007
Posts: 1,433
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11-20-2007 11:21
From: Trout Recreant I disagreed with him - go check my posts. He didn't act like it was a personal attack at all. We had a discussion and I proposed a workable solution, with which he agreed. Neither one of us personally attacked the other.
As a point of fact, I often disagree with Michael. I just do so respectfully. Sigh. I give up. Have fun!
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Michael Bigwig
~VRML Aficionado~
Join date: 5 Dec 2005
Posts: 2,181
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11-20-2007 11:21
From: Oryx Tempel Michael,
I NEVER SAID I was going to AR you. I'm saying that any resident COULD, and would be within rights to do so. Relax a little. Oh come on...eluding to it as an available option is nearly as bad. It's bad Poker.
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~Michael Bigwig __________________________________________________Lead Designer, Glowbox Designs 
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Michael Bigwig
~VRML Aficionado~
Join date: 5 Dec 2005
Posts: 2,181
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11-20-2007 11:22
From: Chas Connolly Sigh. I give up. Have fun! Oh come on Chas...just one more post...come on, you can do it. Three cheers for Chas! lol. I tease.
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~Michael Bigwig __________________________________________________Lead Designer, Glowbox Designs 
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Michael Bigwig
~VRML Aficionado~
Join date: 5 Dec 2005
Posts: 2,181
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11-20-2007 11:23
Oh, one last thing...anyone need a camera? Special deal to anyone in this thread...lol....ah man...HAV 3 funny.
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~Michael Bigwig __________________________________________________Lead Designer, Glowbox Designs 
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Chris Norse
Loud Arrogant Redneck
Join date: 1 Oct 2006
Posts: 5,735
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11-20-2007 11:24
Actually Mike is committing a fraud against his customers as well. He is representing his product as being associated with a RL company. Since his product is not endorsed by Nikon, it is fraudulent to claim otherwise.
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Brenda Connolly
Un United Avatar
Join date: 10 Jan 2007
Posts: 25,000
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11-20-2007 11:25
All I know is if you do call it a Mikon, I want a cut of the profits. I may have a future in advertising. Where's Figtree?
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Lexxi Gynoid
#'s 86000, 97800
Join date: 6 Aug 2007
Posts: 3,732
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11-20-2007 11:28
From: Chris Norse Actually Mike is committing a fraud against his customers as well. He is representing his product as being associated with a RL company. Since his product is not endorsed by Nikon, it is fraudulent to claim otherwise. Yes, this is one of the points I was making (see: "it said something like "Mercedes" and I didn't see any connection between the real Mercedes and this product in SL; I am very hesitant about buying a product if it looks like it might be infringing some law - one reason I didn't buy that Nikon camera)." I disliked seeing "Nike" shoes in freebie boxes, and the like. Did Nike make them and put them out? What is going on there? I much prefer buying and using items that do not make me question my ethics.
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Sally Silvera
live music maniac
Join date: 17 Feb 2007
Posts: 2,325
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11-20-2007 11:30
Another thought about the original question if I might intrude..... First of all, I should admit I don't know half the brands being discussed in some of these posts. But I don't care much for brandnames in general so anything with a brandname on it quickly loses my interest. Now please do return to your regular scheduled entertanment 
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Oryx Tempel
Registered User
Join date: 8 Nov 2006
Posts: 7,663
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11-20-2007 11:32
Well I do have an SL Mercedes car, but I bought it from Mercedes, at their sim. I bought it because it tickles me to own a Mercedes, but I'm confident that I'm not infringing on any trademarks/copyrights/whatever, because I DID buy it from Mercedes. *shrug*
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Michael Bigwig
~VRML Aficionado~
Join date: 5 Dec 2005
Posts: 2,181
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11-20-2007 11:42
From: Chris Norse Actually Mike is committing a fraud against his customers as well. He is representing his product as being associated with a RL company. Since his product is not endorsed by Nikon, it is fraudulent to claim otherwise. Ummm...if they don't know that I"m 'representing my product as being associated by the RL company', there is something wrong. We can all see the logo NIKON on the sign, camera, notecard... I've never hid any of this. We are all capable of making the decision to buy or not, correct?
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~Michael Bigwig __________________________________________________Lead Designer, Glowbox Designs 
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Lexxi Gynoid
#'s 86000, 97800
Join date: 6 Aug 2007
Posts: 3,732
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11-20-2007 11:45
From: Oryx Tempel Well I do have an SL Mercedes car, but I bought it from Mercedes, at their sim. I bought it because it tickles me to own a Mercedes, but I'm confident that I'm not infringing on any trademarks/copyrights/whatever, because I DID buy it from Mercedes. *shrug* Yes, and if I found a Nikon, and I knew I was buying it from Nikon, then there would be no problem for me personally. I have actually looked at the Mercedes on that island, and I would not have had a problem buying from that island. But I didn't particularly like the cars compared to others, so didn't. If they had the gull-winged Mercedes or . . . 
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Nina Stepford
was lied to by LL
Join date: 26 Mar 2007
Posts: 3,373
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11-20-2007 11:46
i become ENRAGED to think some little joe may be infringing on some multinational conglomerate sweatshop! makes my blood boil! how dare you michael!?! each one of those cameras could pay some little boy a days wages! i own a 'pre-AR' glowbox nikon though. it may become a collectors item 
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SLU - ban em then bash em! ~~GREATEST HITS~~ pro-life? gtfo! slu- banning opposing opinions one at a time http://www.sluniverse.com/php/vb/zomgwtfbbqgtfololcats/15428-disingenuous.html learn to shut up and nod in agreement... or be banned! http://www.sluniverse.com/php/vb/off-topic/1239-americans-not-stupid.html
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Avion Raymaker
Palacio del Emperador!
Join date: 18 Jun 2007
Posts: 980
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11-20-2007 11:46
From: Michael Bigwig It's clearly wrong in the written-law aspect. The questions is, some people believe more strongly than others...and there really is no arguing that. We all learned growing up that 'stealing a penny is just as bad as stealing $100', which to me...is bullocks.
I think there are levels of encroachment. ... You may be a slimy thief, and a person of despicable character, but at least you are honest about it. I'll give you that.
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Chris Norse
Loud Arrogant Redneck
Join date: 1 Oct 2006
Posts: 5,735
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11-20-2007 11:51
I am much more likely to support trademark laws for the protection of the customer than the protection of the creator. You are representing your product as being associated with the Nikon Corp. You are not associated with the Nikon Corp. So you are committing fraud against the customer.
I do see issues of theft and lying as black and white. It is just as wrong to steal a penny as it is to steal $100. Just like it is wrong to misrepresent your product as being a Nikon when it isn't. This isn't just about you Mike. I would think the same about anyone who takes the same actions.
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Lexxi Gynoid
#'s 86000, 97800
Join date: 6 Aug 2007
Posts: 3,732
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11-20-2007 11:51
From: Avion Raymaker You may be a slimy thief, and a person of despicable character, but at least you are honest about it. I'll give you that. I really did think the camera might be endorsed by Nikon, though, when I visited the shop. It was called a Nikon and had a Nikon number and everything. Looked like a Nikon. I didn't understand why Nikon, though, would have just one camera in game, so was confused. More confused as to what the camera did, but that is a different matter. Then saw Nike in freebie boxes, and then saw a really long form that needs to be "I Agree"'d just to receive the free Mercedes uniform from the Mercedes island, and realized that just because something says Nike doesn't mean it is by Nike.
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Robustus Hax
Registered User
Join date: 4 Feb 2007
Posts: 231
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11-20-2007 11:54
From: Oryx Tempel Well I do have an SL Mercedes car, but I bought it from Mercedes, at their sim. I bought it because it tickles me to own a Mercedes, but I'm confident that I'm not infringing on any trademarks/copyrights/whatever, because I DID buy it from Mercedes. *shrug* Did you buy yourself a little halo and wings while you were at it? A real saint..
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Nina Stepford
was lied to by LL
Join date: 26 Mar 2007
Posts: 3,373
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11-20-2007 11:55
people like you are the reason we have warnings such as 'do not eat' on rat poison. From: Lexxi Gynoid I really did think the camera might be endorsed by Nikon, though, when I visited the shop. It was called a Nikon and had a Nikon number and everything. Looked like a Nikon. I didn't understand why Nikon, though, would have just one camera in game, so was confused. More confused as to what the camera did, but that is a different matter.
Then saw Nike in freebie boxes, and then saw a really long form that needs to be "I Agree"'d just to receive the free Mercedes uniform from the Mercedes island, and realized that just because something says Nike doesn't mean it is by Nike.
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SLU - ban em then bash em! ~~GREATEST HITS~~ pro-life? gtfo! slu- banning opposing opinions one at a time http://www.sluniverse.com/php/vb/zomgwtfbbqgtfololcats/15428-disingenuous.html learn to shut up and nod in agreement... or be banned! http://www.sluniverse.com/php/vb/off-topic/1239-americans-not-stupid.html
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Michael Bigwig
~VRML Aficionado~
Join date: 5 Dec 2005
Posts: 2,181
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11-20-2007 11:57
From: Nina Stepford i become ENRAGED to think some little joe may be infringing on some multinational conglomerate sweatshop! makes my blood boil! how dare you michael!?! each one of those cameras could pay some little boy a days wages! i own a 'pre-AR' glowbox nikon though. it may become a collectors item  I can't tell if you are joking...because I'd say your over-reacting would be an understatement. 
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~Michael Bigwig __________________________________________________Lead Designer, Glowbox Designs 
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Brenda Connolly
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Join date: 10 Jan 2007
Posts: 25,000
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11-20-2007 11:58
Well, at least we've avoided the "Where is my stipend" threads.
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