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copyright questions

Indeterminate Schism
Registered User
Join date: 24 May 2008
Posts: 236
09-09-2009 11:27
I'd vote fot the made-up brands but note that you can always offer the RL companies permission to place their products in your builds
Liam Donner
Dr. Horrible
Join date: 29 May 2008
Posts: 48
09-09-2009 14:50
Honestly, if i wanted that much realism, i would stay in RL. I come into SL to get away from all the KFC/McDonalds/etc...that litter just about every street in the world, but what i really come to SL for is the sheer creativism of the place. I want to look around and see stuff ive never seen before, not stuff i can look out my front window and see any day of the week.
Lear Cale
wordy bugger
Join date: 22 Aug 2007
Posts: 3,569
09-10-2009 07:19
From: Argent Stonecutter
They're not, they're taking them out based on trademark laws.
True, though not exclusively. For one thing, trademark laws are based on a question of reasonable assumption. The idea is you can't use a trademarked name in such a way that a consumer can make a reasonable assumption that the object is from the same maker.

For example, you could trademark "WhiteHot" for use in candy, and someone else could use it for a line of furnaces.

For SL, there's a huge gray line problem.

If I make a duplicate of my Lambourgini Espada in SL, nobody's going to confuse it with an actual motocar manufactured by Lambourgini.

Unfortunately, that doesn't quite let me off the hook, because Lambourgini might make things for promotional purposes, and if so, there would be reasonable confusion: is this copy an official copy by Lambourgini, or not?

I think the best correlate in RL would be toy comanies. Are Corgi and Matchbox allowed to make a copy of the Espada, and put the Lambourgini logo on it?

Well, they used to, but I don't think they do these days, at least not without permission.

I confess I duplicated my Martin HD-28 ingame, complete with headstock logo. If I ever get a letter from them asking me to desist, I will be happy to comply. But seriously, it's just a picture of my guitar.

Concerning sports logos, those are assiduously protected, since they're the source of big bucks. No hope there.

BTW, is this thread in response to a new policy decision or blog entry I missed? (Thanks)
Lear Cale
wordy bugger
Join date: 22 Aug 2007
Posts: 3,569
09-10-2009 07:24
From: Rihanna Laasonen
That said, I thought the consensus understanding had been that folks didn't really need to worry about it, if they were just using textures as background decoration and not trying to make money off it or wrapping their entire theme around it?
I hope you're correct here; this would be a sensible policy.
Kidd Krasner
Registered User
Join date: 1 Jan 2007
Posts: 1,938
09-10-2009 07:28
From: Lear Cale
True, though not exclusively. For one thing, trademark laws are based on a question of reasonable assumption. The idea is you can't use a trademarked name in such a way that a consumer can make a reasonable assumption that the object is from the same maker.

That's the most well-known aspect of trademark law, and the easiest to understand. However, there's also the issue of trademark dilution.
Dekka Raymaker
thinking very hard
Join date: 4 Feb 2007
Posts: 3,898
09-10-2009 08:41
an short interesting article regarding 'generic' trademarks

http://news.bbc.co.uk/1/hi/uk/3006486.stm
Dekka Raymaker
thinking very hard
Join date: 4 Feb 2007
Posts: 3,898
09-10-2009 08:43
From: Lear Cale
BTW, is this thread in response to a new policy decision or blog entry I missed? (Thanks)

I believe this is in response to the new Xstreet rules.
Argent Stonecutter
Emergency Mustelid
Join date: 20 Sep 2005
Posts: 20,263
09-10-2009 08:46
From: Lear Cale

If I make a duplicate of my Lambourgini Espada in SL, nobody's going to confuse it with an actual motocar manufactured by Lambourgini.
You could make something that didn't look like an Espada and call it one, maybe, or you could make something really similar to the Espada and call it the "Learoccini Sparta". But using the name and appearance of a product is a trademark violation. You couldn't use the Potomac Electric Power Company's logo for a brand of antacid called "PEPCO" even if you managed to avoid problems with Proctor and Gamble.

From: someone
I think the best correlate in RL would be toy comanies. Are Corgi and Matchbox allowed to make a copy of the Espada, and put the Lambourgini logo on it?
Sure, they pay Volkswagen for the rights.
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EF Klaar
Registered User
Join date: 11 Jun 2007
Posts: 330
09-10-2009 10:49
From: Argent Stonecutter
You couldn't use the Potomac Electric Power Company's logo for a brand of antacid called "PEPCO" even if you managed to avoid problems with Proctor and Gamble.
Proctor and Gamble would be the least of your problems if you tried doing that.
Lear Cale
wordy bugger
Join date: 22 Aug 2007
Posts: 3,569
09-10-2009 11:02
From: Dekka Raymaker
an short interesting article regarding 'generic' trademarks

http://news.bbc.co.uk/1/hi/uk/3006486.stm
I'd have more sympathy for Google if they hadn't chosen a homonym of an existing word.
LittleMe Jewell
...........
Join date: 8 Oct 2007
Posts: 11,319
09-10-2009 11:06
From: Fudgey Jenkins
though that is your opinion, i happen to like the city sims and the more realistic look, thought at this moment i'm working on a sci-fi city that looks like a mix between the game dead space and a 50s diner! just figured i'd ask how i could keep that familiar feel without having to have real world stuff, which i'm not really big on anyway :P
You did ask for opinions on how to do it and my opinion is do it with as little realism as possible.

And it is just my opinion, definitely not the opinion of all and not to be taken as any sort of dictate.

:)
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Optimism is denial, so face the facts and move on.
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LittleMe Jewell
...........
Join date: 8 Oct 2007
Posts: 11,319
09-10-2009 11:09
From: Dekka Raymaker
I believe this is in response to the new Xstreet rules.
Those rules seem to be spawning a variety of inworld changes, though I am not sure all of them are really necessary.

One of the pose stores that I frequent sent out a notice that all of her poses named after RL people were being renamed. Whether or not that was the intent of the new rules or not, but those sorts of changes are happening.
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♥♥♥
-Lil

Why do you sit there looking like an envelope without any address on it?
~Mark Twain~

Optimism is denial, so face the facts and move on.
♥♥♥
Lil's Yard Sale / Inventory Cleanout: http://slurl.com/secondlife/Triggerfish/52/27/22
.
http://www.flickr.com/photos/littleme_jewell
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