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blatant copyright infrightment list

David Cartier
Registered User
Join date: 8 Jun 2003
Posts: 1,018
06-21-2005 15:09
From: Csven Concord
affects me directly (hope it doesn't go thru), but thought this might also be interesting for some of you since it's relevant to this topic:

http://news.yahoo.com/s/nm/20050621/bs_nm/manufacturing_maytag_dc

"It's the intangible assets they're buying."


This happened with Polaroid. All they want is the name to slap on Chinese made televisions.
Jack Digeridoo
machinimaniac
Join date: 29 Jul 2003
Posts: 1,170
06-21-2005 15:25
From: Alan Palmerstone

You have now called two of us morons for saying there is a legitimate, though remote, chance of lawyers coming. This is uncalled for. Personal attacks are not the way to put forward your point.


I used the word Morons to express my personal frustration. Like shouting Moron on a crowded street. And you turned around :p .

The RIAA gave repeated warnings to turn off the sharing feature in your clients. The process is very slow and drawn out and when SL copyright becomes and issue, TPTB will tell us to stop and give us time to clean it up. Some people are suggesting that the Second Life population get sued for over copyright/trademark issues without any warning and thats messed up. That's a messed up way to play. Sick shiat because nobody's using the logo's to hurt the product, they use the logo's because they are FANS, out of respect.
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Csven Concord
*
Join date: 19 Mar 2005
Posts: 1,015
06-21-2005 15:47
From: Jack Digeridoo
they use the logo's because they are FANS, out of respect.


whether they're doing it purely as fans of the product or to sell product isn't the only issue afaic. there is the issue that these branded items are competing with SL original content and are as a result - intended or otherwise and to some unknown degree - hurting the growth of homegrown product. so while i won't lose sleep over the corporate losses, i am saddened at the impact on the little guys.
Foulcault Mechanique
Father Cheesemonkey
Join date: 28 Mar 2005
Posts: 557
06-21-2005 18:37
From: Csven Concord
whether they're doing it purely as fans of the product or to sell product isn't the only issue afaic. there is the issue that these branded items are competing with SL original content and are as a result - intended or otherwise and to some unknown degree - hurting the growth of homegrown product. so while i won't lose sleep over the corporate losses, i am saddened at the impact on the little guys.


So now only those with "skill" to be "creative" can make items?
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Foulcault
"Keep telling yourself that and someday you just might believe it."

"Every Technomage knows the 14 words that will make someone fall in love with you forever, but she only needed one.
"Hello""
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From: Jeska Linden
I'm moving this over to Off-Topic for further Pez ruminations.
Csven Concord
*
Join date: 19 Mar 2005
Posts: 1,015
06-21-2005 19:09
From: Foulcault Mechanique
So now only those with "skill" to be "creative" can make items?


no
Foulcault Mechanique
Father Cheesemonkey
Join date: 28 Mar 2005
Posts: 557
06-21-2005 19:35
From: Csven Concord
no

Then those that are not "skilled" and "creative" are free to make imitations of what they like from RL.
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Foulcault
"Keep telling yourself that and someday you just might believe it."

"Every Technomage knows the 14 words that will make someone fall in love with you forever, but she only needed one.
"Hello""
Galen from Babylon 5 Crusade

From: Jeska Linden
I'm moving this over to Off-Topic for further Pez ruminations.
Csven Concord
*
Join date: 19 Mar 2005
Posts: 1,015
06-21-2005 20:03
not according to the laws as i understand them.
Gabriel Spinnaker
16052 LSL BYTES FREE
Join date: 21 Jun 2004
Posts: 73
06-22-2005 08:43
From: succulent Abattoir

I thought that said "Red Butt" at first.

Which would be appropriate, given the flavor of Red Bull...
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Zapoteth Zaius
Is back
Join date: 14 Feb 2004
Posts: 5,634
06-22-2005 08:45
From: Gabriel Spinnaker
I thought that said "Red Butt" at first.

Which would be appropriate, given the flavor of Red Bull...


Sorry, I'm so addicted to off topic posts
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Micheal Veil
Registered User
Join date: 2 Sep 2004
Posts: 6
06-26-2005 16:24
I received this message from a Linden when I logged in after weeks of not being on..."XXXXXX Linden: (Saved Wed Jun 22 16:24:07 2005) Michael, trademark infringement is not allowed ..."

Someone please tell me why my penguin avatar that was completely original (not copied) and made by myself and two other avatars were removed from my shop because of infringement? I didn't receive any email, warning, or any other type of message telling me to fix whatever the problem was that caused the removal of my avatars from my shop. They were just removed without noticed and without explaination. Just a vague message and his abusement of power by removing my items was the only notice.

If a penguin is trademark infringement, according to the Linden that removed it and two others, it is infringement, then everything else in SL is as well and should be removed.

Alan Palmerstone
Payment Info Used
Join date: 4 Jun 2004
Posts: 659
06-26-2005 18:06
From: Micheal Veil
I received this message from a Linden when I logged in after weeks of not being on..."XXXXXX Linden: (Saved Wed Jun 22 16:24:07 2005) Michael, trademark infringement is not allowed ..."

Someone please tell me why my penguin avatar that was completely original (not copied) and made by myself and two other avatars were removed from my shop because of infringement? I didn't receive any email, warning, or any other type of message telling me to fix whatever the problem was that caused the removal of my avatars from my shop. They were just removed without noticed and without explaination. Just a vague message and his abusement of power by removing my items was the only notice.

If a penguin is trademark infringement, according to the Linden that removed it and two others, it is infringement, then everything else in SL is as well and should be removed.



The penguin bears a slight resemblance to "Tux," the Linux Mascot. But I am unclear as to whether it is TM'd or not. If so, a lot of folks in SL are going to lose items!

I read your hotline to Linden post about this and LL has made it clear that if someone reports a trademark violation, that they have to deal with it. Batman av's would fall under that category. As you point out, a lot of people make and sell the same type of comic/movie tems. I am guessing, based on the "star wars" store being around for so long, that they only act on a report and cast a blind eye to everything else.
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Cubey Terra
Aircraft Builder
Join date: 6 Sep 2003
Posts: 1,725
06-26-2005 20:44
From: Alan Palmerstone
The penguin bears a slight resemblance to "Tux," the Linux Mascot. But I am unclear as to whether it is TM'd or not. If so, a lot of folks in SL are going to lose items.


That's completely absurd. It's a penguin. If it has a vague resemblance to "Tux", it's because penguins generally look like penguins. I hope penguins aren't banned from SL, because I have several, and I'd like to keep them.
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Alan Palmerstone
Payment Info Used
Join date: 4 Jun 2004
Posts: 659
06-26-2005 21:43
From: Cubey Terra
That's completely absurd. It's a penguin. If it has a vague resemblance to "Tux", it's because penguins generally look like penguins. I hope penguins aren't banned from SL, because I have several, and I'd like to keep them.


I was just looking for a reason as to why Michael Linden would go overboard on the guy's penguin. Tux is the only (possibly) trademarked penguin that I am aware of. I will make it very clear that I do not agree that the picture shown is an infringing penguin.
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Olympia Rebus
Muse of Chaos
Join date: 22 Feb 2004
Posts: 1,831
06-27-2005 08:10
That thing is adorable.
I hope you regain the right to sell him.
If you don't get any feedback as to why this is an infringement, I say you should hand out a coppies and have a protest rally.
From: Micheal Veil
I received this message from a Linden when I logged in after weeks of not being on..."XXXXXX Linden: (Saved Wed Jun 22 16:24:07 2005) Michael, trademark infringement is not allowed ..."

Someone please tell me why my penguin avatar that was completely original (not copied) and made by myself and two other avatars were removed from my shop because of infringement? I didn't receive any email, warning, or any other type of message telling me to fix whatever the problem was that caused the removal of my avatars from my shop. They were just removed without noticed and without explaination. Just a vague message and his abusement of power by removing my items was the only notice.

If a penguin is trademark infringement, according to the Linden that removed it and two others, it is infringement, then everything else in SL is as well and should be removed.

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Micheal Veil
Registered User
Join date: 2 Sep 2004
Posts: 6
06-28-2005 19:54
Linden response:
From: someone
Trademark infringement is a violation of the Terms of Service, and when we see an infringement we are obligated to remove it. Unfortunately, your avatars were in a vendor which also had the penguin in it. We couldn't just remove the avs, but had to remove the whole thing. If you'd like to replace your vendor with the penguin in it, and other non-infringing content, please feel free to do so.

For reference, the Terms of Service clause dealing with trademarks and copyright infringement (paragraph 5.1(i) can be found here.



My response in an IM since I can't reply to hotline posts:
From: someone

Each avatar is in there own vendor; individual prims that could be bought and folder would be placed in the customer's inventory. The penguin was in a seperate prim all alone, but Michael Linden didn't care to check and just wiped them all out. God job on hiring a worker who only does a half-ass, lazy job and doesn't bother checking out the details. Make sure you give him a pay raise for his attention to detail. Oh wait, he is lazy and doesn't care about details; nevermind.

"5.1(i): take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights;" Ya, this makes a lot of sense to me. :confused:

Not one Linden has told me exactly what I was infringing on that result in the removal of my only three avataras that were in SEPERATE prims. You just give the terms and service and the 5.1(i), speil and no explaination of what exactly of my items is the cause.

And you don't even bother to say how Michael Linden gave such a vague IM and no explaination either.

Also, when I first made the Batman avatar, I went to the newbie zone to test it out and I had comments from LINDENs themselves who were there helping out the newly joined SL members, saying I did a great job making the Batman avatar. Do you all flip-flop whenever you all feel like it? I should have been told right off that I couldn't do that and it would have been fine instead of 9+ months later and then decide to say something. But this makes me realize that most of the Lindens out there don't even read the Terms and Services either. If they did read the TOS, they would have known from the start that I made something wrong and would have informed me.

SL = second life; thus a copy of the real one in a virtual world. Everything in SL is basically 90% copied from RL; avatars, clothes, vehicles, food, etc; almost everything. So all Lindens should start removing 90% of the content on the game, because where do you think it comes from?

I liked making comic book type avatars and now I can't even do that now. Thanks a lot for making SL sour and not fun anymore for me.


*sigh* I hate life.
Laukosargas Svarog
Angel ?
Join date: 18 Aug 2004
Posts: 1,304
06-28-2005 20:50
Michael you've made some great AVs, but hey you make even greater ones from your own imagination.
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