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florenze Kerensky
Registered User
Join date: 31 Jul 2004
Posts: 106
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04-20-2009 13:05
Taser sues Second Life creator for trademark infringement
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It is as easy to amuse me as it is hard to impress me.
 http://flo-votes.blogspot.com |
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Osprey Therian
I want capslocklock
Join date: 6 Jul 2004
Posts: 5,049
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04-20-2009 13:07
Good God. How stupid.
/me waves at florenze. _____________________
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Kelli May
karmakanic
Join date: 7 Oct 2006
Posts: 1,135
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04-20-2009 13:09
I can guess what LL's response will be: that they are no more responsible for the content created in the game than an ISP is for adverts placed on the internet. I'd be interested to see if Taser inc. get anywhere with this.
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Do worried sheep have nervous ticks?
Karmakanix@Sin-Labs http://slurl.com/secondlife/Circe/170/197/504 Karmakanix on SLX http://www.slexchange.com/modules.php?name=Marketplace&MerchantID=61062 |
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Milla Janick
Empress Of The Universe
Join date: 2 Jan 2008
Posts: 3,075
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04-20-2009 13:11
Taser says the alleged infringement is especially harmful because the online stores include pornographic content. I'm betting the Taser guys really don't want to know what people use virtual Tasers for. _____________________
 http://www.avatarsunited.com/avatars/milla-janick All those moments will be lost in time... like tears in rain... |
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Osprey Therian
I want capslocklock
Join date: 6 Jul 2004
Posts: 5,049
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04-20-2009 13:11
It would seem as though SL owning XStreet might have made a focus for this. Dunno.
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Osprey Therian
I want capslocklock
Join date: 6 Jul 2004
Posts: 5,049
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04-20-2009 13:15
I'm betting the Taser guys really don't want to know what people use virtual Tasers for. That stood out for me, too - as though a pure as the driven snow RL weapon merely used to cause pain could be tarnished in reputation by association with ebbil pixel sex. _____________________
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Ceera Murakami
Texture Artist / Builder
Join date: 9 Sep 2005
Posts: 7,750
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04-20-2009 13:17
I'll bet the official LL response will be to simply direct the Corp to the DMCA takedown notice procedures, and to identify the resident that is offering the infringing items for sale.
"Wrong target, Taser. The culprit is that guy. Suing us is like suing the City of New York because thugs on the streetcorner sell fake Rolex watches. Go sue the thug." _____________________
Sorry, LL won't let me tell you where I sell my textures and where I offer my services as a sim builder. Ask me in-world.
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Desmond Shang
Guvnah of Caledon
Join date: 14 Mar 2005
Posts: 5,250
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04-20-2009 13:22
How shocking!
sorry I couldn't resist _____________________
 Steampunk Victorian, Well-Mannered Caledon! |
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Kenbro Utu
Registered User
Join date: 26 Sep 2006
Posts: 483
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04-20-2009 13:25
"hurting its sales by allowing virtual weapons to be sold online under the Taser brand name,"
O_o Don't virtual tase me bro!! |
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Sindy Tsure
Will script for shoes
Join date: 18 Sep 2006
Posts: 4,103
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04-20-2009 13:31
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Milla Alexandre
Milla Alexandre
Join date: 22 Jan 2007
Posts: 1,759
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04-20-2009 14:28
 In the virtual world, participants create alter egos known as avatars that use real money to buy property, open businesses, dance at clubs, engage in combat or have sex. OMG yer kidding!!! LOL they need to get a grip....even the best prim/sculpty weapon can't possibly pass as a replica for the real thing. The graphics just aren't that advanced. And....I'm sorry....do I understand this article to suggest they are CONCERNED about what pixel 'Tasers' are being used for????? Are they kidding......have they checked out what REAL tasers are used for. Cripes.....yeah....LL should just shrug and point to the creator ..... the real issues is using the word 'Taser' buy the creator. It would be the same as using 'Revlon' to sell skins.  who would be that stupid? Oh.....oops.....  the fake taser creator! lol |
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Chris Norse
Loud Arrogant Redneck
Join date: 1 Oct 2006
Posts: 5,735
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04-20-2009 14:38
So a police agency looking to buy these for their JBTs, won't because pretend ones are sold in the same store as prim peni?
/me ponders and thinks Taser's lawyers must be laughing all the way to the bank. _____________________
I'm going to pick a fight
William Wallace, Braveheart “Rules are mostly made to be broken and are too often for the lazy to hide behind” Douglas MacArthur FULL |
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Ordinal Malaprop
really very ordinary
Join date: 9 Sep 2005
Posts: 4,607
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04-20-2009 14:45
I think that it could be argued that "taser" was now a generic noun due to familiarity (and, indeed, verb - "don't tase me bro" as I believe some young fellow was heard to say). This is not a situation that a company should really complain about.
I have actually considered the issue with my own products - "derringer" is the name of a company for instance, but I judged that it was certainly by now a generic term for a concealable breech-loading pistol, the company did not have a presence in my legal area, and in any case nobody would be so silly as to sue on that basis. On the last point I have now been proved wrong. _____________________
http://ordinalmalaprop.com/forum/ - visit Ordinal's Scripting Colloquium for scripting discussion with actual working BBCode!
http://ordinalmalaprop.com/engine/ - An Engine Fit For My Proceeding, my Aethernet Journal http://www.flickr.com/groups/slgriefbuild/ - Second Life Griefbuild Digest, pictures of horrible ad griefing and land spam, and the naming of names |
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Marianne McCann
Feted Inner Child
Join date: 23 Feb 2006
Posts: 7,145
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04-20-2009 14:50
How shocking! sorry I couldn't resist Positively re-volt-ing! I coulnd't neither _____________________
 "There's nothing objectionable nor illegal in having a child-like avatar in itself and we must assume innocence until proof of the contrary." - Lewis PR Linden "If you find children offensive, you're gonna have trouble in this world " - Prospero Linden |
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Ordinal Malaprop
really very ordinary
Join date: 9 Sep 2005
Posts: 4,607
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04-20-2009 14:51
Positively re-volt-ing! I coulnd't neither I dare say that there will be no charge in the end. _____________________
http://ordinalmalaprop.com/forum/ - visit Ordinal's Scripting Colloquium for scripting discussion with actual working BBCode!
http://ordinalmalaprop.com/engine/ - An Engine Fit For My Proceeding, my Aethernet Journal http://www.flickr.com/groups/slgriefbuild/ - Second Life Griefbuild Digest, pictures of horrible ad griefing and land spam, and the naming of names |
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Milla Janick
Empress Of The Universe
Join date: 2 Jan 2008
Posts: 3,075
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04-20-2009 14:54
I have actually considered the issue with my own products - "derringer" is the name of a company for instance, but I judged that it was certainly by now a generic term for a concealable breech-loading pistol, the company did not have a presence in my legal area, and in any case nobody would be so silly as to sue on that basis. On the last point I have now been proved wrong. "TASER" is a registered trademark. I do not believe that is the case with any derringer firearms. _____________________
http://www.avatarsunited.com/avatars/milla-janick All those moments will be lost in time... like tears in rain... |
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Pserendipity Daniels
Assume sarcasm as default
Join date: 21 Dec 2006
Posts: 8,839
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04-20-2009 15:00
"I'd like to fly like a bird", he said swiftly.
Pep (loves Swiftisms) _____________________
Hypocrite lecteur, — mon semblable, — mon frère!
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Ordinal Malaprop
really very ordinary
Join date: 9 Sep 2005
Posts: 4,607
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04-20-2009 15:01
"TASER" is a registered trademark. I do not believe that is the case with any derringer firearms. As notes (I'm sure you know all this but for onlookers who might not be) "Derringer" is a corruption of the surname of Henry Deringer, who manufactured concealable pistols before rampant trademarking was a hallmark of commerce, and it passed into common usage before anyone really thought of doing so, and his name has not survived in the form of a large rich company (such as Smith and Wesson) - so, yes. But I don't see how folk these days should be prevented from doing the same with language. I think that it is a defensible position that "taser" is now genericised, like "hoover" is in the UK. _____________________
http://ordinalmalaprop.com/forum/ - visit Ordinal's Scripting Colloquium for scripting discussion with actual working BBCode!
http://ordinalmalaprop.com/engine/ - An Engine Fit For My Proceeding, my Aethernet Journal http://www.flickr.com/groups/slgriefbuild/ - Second Life Griefbuild Digest, pictures of horrible ad griefing and land spam, and the naming of names |
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Sling Trebuchet
Deleted User
Join date: 20 Jan 2007
Posts: 4,548
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04-20-2009 15:31
Positively re-volt-ing! .. Ohm mi gawd! _____________________
Maggie: We give our residents a lot of tools, to build, create, and manage their lands and objects. That flexibility also requires people to exercise judgment about when things should be used.
http://www.ace-exchange.com/home/story/BDVR/589 |
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Toy LaFollette
I eat paintchips
Join date: 11 Feb 2004
Posts: 2,359
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04-20-2009 15:51
Positively re-volt-ing! I coulnd't neither watt? _____________________
"So you see, my loyalty lies with Second Life, not with Linden Lab. Where I perceive the actions of Linden Lab to be in conflict with the best interests of Second Life, I side with Second Life."-Jacek
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Desmond Shang
Guvnah of Caledon
Join date: 14 Mar 2005
Posts: 5,250
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04-20-2009 16:08
I dare say that there will be no charge in the end. I'm really disappointed with the headline. It could have read: TASER Presses Charge against Philip and Mark! <hilarious inworld picture> byline: "Explanation for Philip Linden's avatar hairstyle found?" This whole thing is just crackling with possibility! _____________________
Steampunk Victorian, Well-Mannered Caledon! |
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Marianne McCann
Feted Inner Child
Join date: 23 Feb 2006
Posts: 7,145
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04-20-2009 16:10
I dare say that there will be no charge in the end. Are you positive? _____________________
"There's nothing objectionable nor illegal in having a child-like avatar in itself and we must assume innocence until proof of the contrary." - Lewis PR Linden "If you find children offensive, you're gonna have trouble in this world " - Prospero Linden |
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Blot Brickworks
The end of days
Join date: 28 Oct 2006
Posts: 1,076
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04-20-2009 16:17
Absolutely Sparking mad . Are their sales slumping?
This is a sign of a company that gets too large and employs lots of people to look after them ................ish Joke _____________________
 Blots Plot @ THE OLD MERMAID INN http://slurl.com/secondlife/Dunbeath /206/85/26 http://phillplasma.com/2009/05/01/blots-plot-the-old-mermaid-inn/ |
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Dnali Anabuki
Still Crazy
Join date: 17 Oct 2006
Posts: 1,633
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04-20-2009 17:10
I suspected they targeted LL because they assumed they would have more money than the content creator.
It does concern me that they are seeing an association with "adult" aspect of SL as a detriment and liable for suit. I am also concerned that they are attempting to make LL liable for what residents make. Any of our forum folks who are lawyers able to say if this is a test case and if it has ramifications? I would think it would be like Outlook not being responsible for content of emails but who knows..its a crazy world. _____________________
The price of apathy is to be ruled by evil men--Plato
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Nic Writer
Registered User
Join date: 25 Mar 2007
Posts: 740
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04-20-2009 17:16
Are you positive? I'm afraid this discussion could become polarized.  _____________________
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