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SexGen Take-Down order??

Qie Niangao
Coin-operated
Join date: 24 May 2006
Posts: 7,138
11-02-2007 03:19
From: FD Spark
Hope of all you in the Adult themed content and service business make your money now because when age verfication happens a lot of people won't be able to use your services.
It won't matter how great your product is or anything about your ownership to product, very few will be using it if it requires to release more information then they already are now.
It'll definitely change the market, but there's more an opportunity here than a threat, I think. Certainly some won't age-verify and I would suppose that means they won't be able to have pixelsex and stay within the rules. (I've heard arguments counter to that, but it's hard for me to see what in-world could be more "sexually explicit" than actual pixelsex, so I'm assuming it's IDV or celibacy, for those who want to stay within the rules.)

But somehow I just don't think people who really wanna have pixelsex are gonna stop.

So apropos SexGen(TM), I kinda think you're right: the current products--furniture with embedded sex animations--may not be so lucrative going forward, but I'd bet that such animations will get played somewhere, somehow, just about as much as they are now... and if so, the trademark (unless successfully challenged) could retain some value, if its owners and licensees are able to move with the market.
Jesseaitui Petion
king of polynesia :P
Join date: 2 Jan 2006
Posts: 2,175
11-02-2007 03:30
I think an option for sex object makers would be to offer catalogs and distribute them. Some shops already do this. As far as I know, with the age verification, if you don`t do it, you can not get on flagged parcels.........So they are going to have to go to you... In the privacy of your land and in the form of a catalog you can order from. Or, just use web-based shops such as slex and onrez and have them delivered directly into your inventory.

If sex on your own land becomes banned, well, i`m scared for the future of SL.
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KiKi Miranda
Perpetual Lurker
Join date: 18 Feb 2006
Posts: 59
11-02-2007 03:33
From: talia Stanwell
Oh wow, a fake avatar game person invented a fake product in a fake world for fake sex. Amazing how that can be trademarked and protected by a non fake agency.


I would imagine that's done by using the non fake money they earn selling these fake items. Last time I checked, when I cashed out my Lindens for USD, I could still use that to pay my non fake bills.
Walker Moore
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Join date: 14 May 2006
Posts: 1,458
11-02-2007 03:37
From: talia Stanwell
Oh wow, a fake avatar game person invented a fake product in a fake world for fake sex. Amazing how that can be trademarked and protected by a non fake agency.
Are you trolling or just being a bit thick?

# A real life person sat at their computer and built actual 3d content with tools built into 3d development software.

# A real life person sat at their computer and created actual graphical textures with real life graphical software (such as Photoshop) which probably cost them a lot of real life money.

# A real life person sat at their computer for hours scripting code with an actual scripting language.

All of this would have taken a considerable number of man hours to develop, and are far from figments of the creator's imagination. (Oh how lovely it would be to "imagine" our products into existence.)

So I suggest your stick your actual comments up your imaginary arse. The real one is apparently positioned much further up your body.
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Walker Moore
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Join date: 14 May 2006
Posts: 1,458
11-02-2007 03:48
From: Imogen Saltair
Hi.. just saying hi to a fake person...

best regards, another fake person
It makes you wonder whether those Gorean silks she was once accused of ripping off really were ripped off. I find it hard to believe any content creator (whatever their opinions about commerce and litigation in Second Life) would hold an opinion like that.
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Nicholas Lyndhurst
Registered User
Join date: 19 Oct 2006
Posts: 62
Setting the record straight
11-02-2007 03:50
From: Dementia Lane
I've been following up on the SexGen lawsuit (well, sorta I mainly read just one article on it).
Today a friend of mine received a notecard by some avi (that is NOT the original creator of the SexGen) telling him to stop using the SexGen name on his menu driven products.

I don't know but this sounds like a bucket of shit! Almost everyone who makes sexgen items use the title SexGen for them. Is it now a violation of copyright to use the name sexgen on menu driven items you make?


That would probably be me. I'm one of Stroker's estate managers and I'm responsible for IP Compliance.

When it comes to my attention that someone is selling a product which infringes our Trademark or Copyright, I issue a takedown notice which has been drafted by Stroker's IP attorney. It's an informative notecard which assumes that the recipient is unaware that they are infringing our IP rights, and explaining why they should stop using our trademark or infringing our copyright. I do not make threats. My objective is co-operation not confrontation. I'm always happy to talk through any questions that arise and make suggestions as to how product descriptions may be changed in order to avoid problems.

In 95% of cases we reach an amicable solution, in the other cases I advise Stroker who decides what further action will be taken.

From: Kitty Barnett
By protecting your mark from day one, not all of a sudden after 3 years because you find it's suddenly in your best interest.

In RL companies have to work to keep their trademark from becoming generic. Xerox campaigned to encourage people to replace "xeroxing it" with "photocopying" it, Adobe wants you to use "The image was enhanced using Adobe® Photoshop® software" instead of the generic "photoshopped", etc.

They're all documented attempts to protect their mark, but I don't think there's any documented attempt by Eros to get people to abandon their generic use of their mark (please do point to one if I'm wrong ).

(Edited to point out I'm not against sexgen as a trademark, just that I feel Eros is at least partly responsible for the current mess by letting things slip for so long)


You've said this before in the forums, and you are as incorrect this time as you were before. "SexGen" has been both trademarked and copyrighted for over 3 years. At the time that the first legal case was started, Stroker, acting on legal advice, transferred the trademark and copyright ownership from himself personally to his company Eros LLC, resulting in new filings in the name of Eros LLC at that time.

During the last 3 years Stroker has actively protected both trademark and copyright. Just because YOU are not aware of it, presumably because you haven't been selling products as Sexgen, does not mean it has not been happening.

If anyone has any questions regarding Sexgen Trademark or Copyright issues, please feel free to IM me in world, where I'll do my best to answer.
Broccoli Curry
I am my alt's alt's alt.
Join date: 13 Jun 2006
Posts: 1,660
11-02-2007 03:55
Rather amusing for an avatar named "Nicholas Lyndhurst" to come here and give us a lecture about impersonating and copying... when that is the name of a well known actor.

Broccoli
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Nicholas Lyndhurst
Registered User
Join date: 19 Oct 2006
Posts: 62
11-02-2007 03:58
From: Broccoli Curry
Rather amusing for an avatar named "Nicholas Lyndhurst" to come here and give us a lecture about impersonating and copying... when that is the name of a well known actor.

Broccoli


Yeah, I'll have to have a word with him about pinching my name :)


P.s. I didn't intend it to be a lecture, just wanted to put right a few incorrect comments on this thread.
Imogen Saltair
Registered User
Join date: 29 Nov 2006
Posts: 682
11-02-2007 04:21
From: Walker Moore
It makes you wonder whether those Gorean silks she was once accused of ripping off really were ripped off. I find it hard to believe any content creator (whatever their opinions about commerce and litigation in Second Life) would hold an opinion like that.


You are quite right Walker, I wouldn't. Its called irony. I should have added a row of smilies or a smart remark. Just too tired I guess.

sigh

imogen

Edit
Oh, I have never worn gorean silks by the way. Perhaps you didn't mean me after all. If not, my apologies and you did get the irony after all

Imogen
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FD Spark
Prim & Texture Doodler
Join date: 30 Oct 2006
Posts: 4,697
11-02-2007 04:26
It is actually great thing someone has or can afford to enforce their copyright in way some others here might not be able to do.
I just wonder if it will be mote point when we in future can't even have nude art on mature land unless we are willing to give out things like social security numbers to prove we are adults in adult grid.
Copy rights are guess in important even if we aren't making dime on the item but I know if someone took my art and resold it I wouldn't or couldn't afford to take any legal actions and would be basically screwed.
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
11-02-2007 05:06
From: Imogen Saltair
You are quite right Walker, I wouldn't. Its called irony. I should have added a row of smilies or a smart remark. Just too tired I guess.

sigh

imogen

Edit
Oh, I have never worn gorean silks by the way. Perhaps you didn't mean me after all. If not, my apologies and you did get the irony after all
I was agreeing with you, and adding my tuppence about the person you were responding to (talia Stanwell). No worries though. I probably shouldn't have shot from the hip like that anyway. Nothing riles me more than somebody like her claiming the stuff we spend hours (sometimes days, sometimes weeks, sometimes months) creating is "imaginary", as some kind of justification for ripping it off. :)
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
11-02-2007 05:10
From: talia Stanwell
Oh wow, a fake avatar game person invented a fake product in a fake world for fake sex. Amazing how that can be trademarked and protected by a non fake agency.


However it is a real player of a real game who invented an real virtual product for a real virtual game world for visually simulating fake sex.


Sure what happens in SL is fake. But the game is an actual game.

Or do you contend its a fake game?
Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
11-02-2007 05:12
From: Walker Moore
It makes you wonder whether those Gorean silks she was once accused of ripping off really were ripped off. I find it hard to believe any content creator (whatever their opinions about commerce and litigation in Second Life) would hold an opinion like that.



Gorean silks rarely get ripped off.

All those geeky guys pretending to be "Gorean Masters" aren't assertive enough for that.
Broccoli Curry
I am my alt's alt's alt.
Join date: 13 Jun 2006
Posts: 1,660
11-02-2007 05:52
From: Colette Meiji
Gorean silks rarely get ripped off.

All those geeky guys pretending to be "Gorean Masters" aren't assertive enough for that.


*wipes monitor*

Broccoli
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
11-02-2007 06:05
From: Colette Meiji
Gorean silks rarely get ripped off.

All those geeky guys pretending to be "Gorean Masters" aren't assertive enough for that.
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Brenda Connolly
Un United Avatar
Join date: 10 Jan 2007
Posts: 25,000
11-02-2007 06:14
From: Colette Meiji
Gorean silks rarely get ripped off.

All those geeky guys pretending to be "Gorean Masters" aren't assertive enough for that.

Come here slave. Kneel before me as I gingerly remove these garments, folding them neatly and stacking them here on the table. Oh, look this one has a wine stain on it. Let me get some club soda......
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Ann Launay
Neko-licious™
Join date: 8 Aug 2006
Posts: 7,893
11-02-2007 06:22
From: Brenda Connolly
Come here slave. Kneel before me as I gingerly remove these garments, folding them neatly and stacking them here on the table. Oh, look this one has a wine stain on it. Let me get some club soda......


Is that a conversation you overheard between your parents?
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From: someone
I am bumping you to an 8.5 on the Official Trout Measuring Instrument of Sluttiness. You are an enigma - on the one hand a sweet, gentle, intelligent woman who we would like to wrap up in our arms and protect, and on the other, a temptress to whom we would like to do all sorts of unmentionable things.

Congratulations and shame on you! You are a bit of a slut.
Jesseaitui Petion
king of polynesia :P
Join date: 2 Jan 2006
Posts: 2,175
11-02-2007 06:23
From: Ann Launay
Is that a conversation you overheard between your parents?

lolirl
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
11-02-2007 06:24
From: Ann Launay
Is that a conversation you overheard between your parents?


don't Gorean parents lock the door and make sure the kids are asleep before whipping and bondage sex?
Brenda Connolly
Un United Avatar
Join date: 10 Jan 2007
Posts: 25,000
11-02-2007 06:27
From: Ann Launay
Is that a conversation you overheard between your parents?



LOL. Again Ann references the old joke!
Yeah my Dad never quite got used to The Ways........
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Jesseaitui Petion
king of polynesia :P
Join date: 2 Jan 2006
Posts: 2,175
11-02-2007 06:30
From: Brenda Connolly
LOL. Again Ann references the old joke!

oh. Well it was still funny to me.


.lawl
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Mickey McLuhan
She of the SwissArmy Tail
Join date: 22 Aug 2005
Posts: 1,032
11-02-2007 06:46
From: Brenda Connolly
Come here slave. Kneel before me as I gingerly remove these garments, folding them neatly and stacking them here on the table. Oh, look this one has a wine stain on it. Let me get some club soda......

Mama?
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Lindal Kidd
Dances With Noobs
Join date: 26 Jun 2007
Posts: 8,371
11-02-2007 07:09
From: Colette Meiji
Liberty is the cornerstone of Libertarianism. It is the only premise that matters.

The rest of it is just Rhetoric.


You rock, Colette!

/me puts on cheerleader sweater, grabs pom-poms, and starts jumping up and down
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Kitty Barnett
Registered User
Join date: 10 May 2006
Posts: 5,586
11-02-2007 07:39
From: Nicholas Lyndhurst
You've said this before in the forums, and you are as incorrect this time as you were before. "SexGen" has been both trademarked and copyrighted for over 3 years. At the time that the first legal case was started, Stroker, acting on legal advice, transferred the trademark and copyright ownership from himself personally to his company Eros LLC, resulting in new filings in the name of Eros LLC at that time.
It's based on a simple lack of finding anything that shows a date prior to June 2007.

Looking at other trademarks that have changed owners it didn't impact the filing date and it lists both current and previous owners along with assignment history, none of that is present for the sexgen registration.

Everything on the USPTO site seems to point to a recent registration that is still in the process of being accepted and I don't really see a problem with pointing that out. If there's something with a 2005 date there, please do point it out because I haven't found it.
Oryx Tempel
Registered User
Join date: 8 Nov 2006
Posts: 7,663
11-02-2007 08:29
So, Q for anyone knowledgeable out there...

Say you have a shop name and a logo... is only the LOGO the trademarked part, or can you trademark the way that you combine the name with the logo (i.e. colors and fonts, placement around the logo, etc) as a trademark? And from what I understand, the digital content of the shop can be copywritten, yes? As in the original graphics files used?
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