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Stolen business name?

Anya Ristow
Vengeance Studio
Join date: 21 Sep 2006
Posts: 1,243
01-19-2010 16:14
From: Treasure Ballinger
Why would it matter who it was?


Because Lexxi Gynoid is an SL resident and has, from what I can tell, no real-world recognition. It is not surprising to find her work in SL.

These artists have a substantial real-world presence:

Boris Vallejo
Julie Bell
Luis Royo
Lorenzo Sperlonga
Jose Del Nido
Chris Achilleos

I would be shocked to find their work legitimately in SL except as part of a fooled-by-media-hype experiment. I certainly would not expect to find it legitimately for sale in Phil's virtual furniture store.
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Treasure Ballinger
Virtual Ability
Join date: 31 Dec 2007
Posts: 2,745
01-19-2010 16:14
From: Anya Ristow
That'd be Lexxi Gynoid, right? She's a resident. These artists likely aren't:

Boris Vallejo
Julie Bell
Luis Royo
Lorenzo Sperlonga
Jose Del Nido
Chris Achilleos

In the room right next to Lexxi's you'll find reproductions of their work for sale. Google some of them. Now try to convince me Phil has permission.


Ok, you could certainly be right and I"m not above saying I have no idea if you are, or not. It's possible you're not......I've gone there for specific pieces of art, and have never seen those other artists there. (I'm single minded like that, I find what I want in a store, buy it and leave). So, I am not going to try to convince you of anything, admitting that I don't know enough, other than artists I know from inworld exhibiting there. It has been, more than just her, at different times, too, I believe.
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Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-19-2010 16:18
From: Couldbe Yue
As phil hasn't registered the name there is no law broken.
Actually, that's not true. A trademark does not need to be registered to be valid and defendable. All a registration does is make it easier to defend. It's like writing, art, music, and such, where copyright exists automatically, but it's easier to defend if you can prove first ownership.
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Nick Ferraris
Registered User
Join date: 19 Jun 2008
Posts: 7
01-19-2010 16:19
From: Floyd Mistwalker


Not that it matters, as the concerns about my sim's traffic should not be other people's but just wanted to straighten this out :)

Oh, and I'll take you out of the ban list for the sim, as now i know you were not just a perv snooping :)


You conveniently excluded your Sales employee inside the Skybox at 450m, hoping to deflect attention by offering too much information about the others. Was the sales employee alone in the enclosed skybox also helping customers? -haha
You need to read the new LL rules regarding Bots and scripted agents on Plots to be included for Search. It's not just Bots that have to be registered but also avatars that act as models, greeters or shop staff. They all should voluntarily declare themselves as not counting towards traffic. I think you as shop owner might be exempt and could get away with it, although i'm not 100 % sure. The others have to be declared though. Given your popularity on this thread, you should expect to be a target for future AR's. LL will be clamping down hard. Given you have a whole HS sim, isn't it a bit ironic you should locate your resident friend directly above your shop, when she could easily have been located on the remaining 3/4 of the sim and possibly have her own plot cut for her. Reading most of this thread, you come across as one big bullshitter, each few pages exposes you even moreso.
Lias Leandros
mainlander
Join date: 20 Jul 2005
Posts: 3,458
01-19-2010 16:19
From: Anya Ristow
I would be shocked to find their work legitimately in SL except as part of a fooled-by-media-hype experiment. I certainly would not expect to find it legitimately for sale in Phil's virtual furniture store.

Anya choosing your victim by his infractions does not make Floyd's action right. It seems odd that you think that this tactic would be effective.
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Anya Ristow
Vengeance Studio
Join date: 21 Sep 2006
Posts: 1,243
01-19-2010 16:39
From: Lias Leandros
Anya choosing your victim by his infractions does not make Floyd's action right. It seems odd that you think that this tactic would be effective.


I don't think Floyd's use of the PrimSavers name is right. I wish he'd change it.
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
01-19-2010 16:56
From: Lias Leandros
Anya choosing your victim by his infractions does not make Floyd's action right. It seems odd that you think that this tactic would be effective.


Hypocrisy doesn't respect right or wrong, it simply is.

No one has to support Floyd to recognize the irony of Phil complaining about "violating the rules" when something isn't specifically against the ToS.

Phil is no better than Floyd overall, and people who keep jumping to his side do nothing but prove their own hypocrisy and bias.

I had almost forgotten about the copyright infringement, too. Everyone loves to jump on Floyd for his alleged unethical behavior, but Phil's unethical behavior is just A-OK.
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-19-2010 17:14
From: Talarus Luan
Everyone loves to jump on Floyd for his alleged unethical behavior, but Phil's unethical behavior is just A-OK.
Who is everybody? I haven't mentioned ethics concerning Floyd at all. And you're forgetting that Phil has only been guilty of some people's idea of unethical behaviour, but not everyone's by any stretch of the imagination.

I'd much rather have people like Phil around than nasty people, a small number of whom have frequented this thread, purely for the sake of being nasty.
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
01-19-2010 17:16
From: Phil Deakins
Who is everybody? I haven't mentioned ethics concerning Floyd at all. And you're forgetting that Phil has only been guilty of some people's idea of unethical behaviour, but not everyone's by any stretch of the imagination.

I'd much rather have people like Phil around than nasty people, a small number of whom have frequented this thread, purely for the sake of being nasty.


Are you speaking of yourself in the third person now, or did you just screw up your alt-login? O.o
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-19-2010 17:17
From: Talarus Luan
Are you speaking of yourself in the third person now, or did you just screw up your alt-login? O.o
I'm speaking of myself in the third person.
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
01-19-2010 17:22
Ooooooookaaaayyy... :rolleyes:
Anya Ristow
Vengeance Studio
Join date: 21 Sep 2006
Posts: 1,243
01-19-2010 17:22
From: Phil Deakins
Who is everybody? I haven't mentioned ethics concerning Floyd at all. And you're forgetting that Phil has only been guilty of some people's idea of unethical behaviour, but not everyone's by any stretch of the imagination.

I'd much rather have people like Phil around than nasty people, a small number of whom have frequented this thread, purely for the sake of being nasty.


I can't decide if this is Phil being funny or Phil typing into the wrong window :)
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
01-19-2010 17:27
From: Anya Ristow
I can't decide if this is Phil being funny or Phil typing into the wrong window :)


I am tending to think the latter. It doesn't follow his rather trite and formulaic sense of humor. -.-
Floyd Mistwalker
http://www.primsavers.com
Join date: 14 Jul 2009
Posts: 46
01-19-2010 17:28
From: Nick Ferraris
You conveniently excluded your Sales employee inside the Skybox at 450m, hoping to deflect attention by offering too much information about the others. Was the sales employee alone in the enclosed skybox also helping customers? -haha
You need to read the new LL rules regarding Bots and scripted agents on Plots to be included for Search. It's not just Bots that have to be registered but also avatars that act as models, greeters or shop staff. They all should voluntarily declare themselves as not counting towards traffic. I think you as shop owner might be exempt and could get away with it, although i'm not 100 % sure. The others have to be declared though. Given your popularity on this thread, you should expect to be a target for future AR's. LL will be clamping down hard. Given you have a whole HS sim, isn't it a bit ironic you should locate your resident friend directly above your shop, when she could easily have been located on the remaining 3/4 of the sim and possibly have her own plot cut for her. Reading most of this thread, you come across as one big bullshitter, each few pages exposes you even moreso.


That is a building box, if u went there, so it was probably working on something... I can ask... why? And who told you that employees are just sales employees?

FYI, i currently have some people that I pay for some photoshop work, somebody for doing some changes to the store itself and 2 that are working on the website. The ones for website don't have any tag, and they never come by the store, as they don't need to...

The others need a tag to be able to rez. And they are Staff, not sales people... Did you read the tag?
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Lias Leandros
mainlander
Join date: 20 Jul 2005
Posts: 3,458
01-19-2010 18:04
From: Talarus Luan
Hypocrisy doesn't respect right or wrong, it simply is.

I had almost forgotten about the copyright infringement, too. Everyone loves to jump on Floyd for his alleged unethical behavior, but Phil's unethical behavior is just A-OK.

Phil's behavior does not cancel out the subject of this thread. Just as whatever other business practices Floyd engages in is not relevant to this subject.

Blanket character assasination. Not a good tactic.
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
01-19-2010 18:28
From: Lias Leandros
Phil's behavior does not cancel out the subject of this thread. Just as whatever other business practices Floyd engages in is not relevant to this subject.


No, it adds to it. I have no doubt that if Phil had approached Floyd without threats and bullying, Floyd would have considered changing his name. The only thing Phil succeeded in doing here is cutting his own throat.

From: someone
Blanket character assasination. Not a good tactic.


Quoth the queen to the mirror. :rolleyes:
Milla Janick
Empress Of The Universe
Join date: 2 Jan 2008
Posts: 3,075
01-19-2010 18:34
From: Talarus Luan
No, it adds to it. I have no doubt that if Phil had approached Floyd without threats and bullying, Floyd would have considered changing his name. The only thing Phil succeeded in doing here is cutting his own throat.

What makes you think that?

It's all a matter of speculation. IMO, Floyd's intentions from the beginning are perfectly clear.
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Mickey Vandeverre
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Join date: 7 Dec 2006
Posts: 2,542
01-19-2010 18:36
ah, the tangled web. Those who scream for absolute ethics....then decide that they apply only in certain cases. Is that ethical, I wonder? Very Interesting.
Floyd Mistwalker
http://www.primsavers.com
Join date: 14 Jul 2009
Posts: 46
01-19-2010 18:38
From: Milla Janick
What makes you think that?

It's all a matter of speculation. IMO, Floyd's intentions from the beginning are perfectly clear.


Maybe he knows more than you think, Milla
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
01-19-2010 18:41
From: Milla Janick
What makes you think that?


From the behavior exhibited by both, and conversations had in private on the matter.

From: someone
It's all a matter of speculation. IMO, Floyd's intentions from the beginning are perfectly clear.


If it's all a matter of speculation, how can you claim Floyd's intentions from the beginning are "perfectly clear"? Wouldn't that be a "speculation", too?
Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
01-19-2010 18:41
From: Mickey Vandeverre
ah, the tangled web. Those who scream for absolute ethics....then decide that they apply only in certain cases. Is that ethical, I wonder? Very Interesting.


..and who would that be? Hmm?
Milla Janick
Empress Of The Universe
Join date: 2 Jan 2008
Posts: 3,075
01-19-2010 18:42
From: Floyd Mistwalker
Maybe he knows more than you think, Milla

It doesn't really matter, the impression has been made.
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Milla Janick
Empress Of The Universe
Join date: 2 Jan 2008
Posts: 3,075
01-19-2010 18:43
From: Talarus Luan
If it's all a matter of speculation, how can you claim Floyd's intentions from the beginning are "perfectly clear"? Wouldn't that be a "speculation", too?

Yes. "IMO" = In my opinion.
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Mickey Vandeverre
See you Inworld
Join date: 7 Dec 2006
Posts: 2,542
01-19-2010 18:46
From: Talarus Luan
..and who would that be? Hmm?


If the shoe fits.....

And so? Is it ethical to pick and choose when you apply your ethical standards? By your definition, of course. Wouldn't have it any other way.
Dagmar Heideman
Bokko Dancer
Join date: 2 Feb 2007
Posts: 989
01-19-2010 18:48
From: Couldbe Yue
....As phil hasn't registered the name there is no law broken. Floyd is fine. So the two of them can both use the name, both run their bots and do whatever else they do...
Ummm not exactly. The information I posted was largely a response to Anya as to what kind of evidence Linden Lab would likely accept. Just because it probably would not accept other kinds of evidence that one might present in a U.S. trademark infringement claim doesn't automatically mean that there is no recognizable trademark infringement claim under United States law. The U.S. does recognize unregistered trademark infringement as a possible claim. It's just that Linden Lab would probably not be willing to remove content based on one without something like an actual judgment in federal court in favor of the unregistered trademark holder which is a highly improbably scenario in Second Life.
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