Who opened it?
George Bush
*runs*
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Copyright single attack in SL? |
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Kris Ritter
paradoxical embolism
![]() Join date: 31 Oct 2003
Posts: 6,627
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08-04-2005 06:04
Who opened it? George Bush *runs* _____________________
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Merwan Marker
Booring...
![]() Join date: 28 Jan 2004
Posts: 4,706
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08-04-2005 06:06
... Just so we're on the same page here, trademark and copyright infringement aren't the same thing. In the case of Hello Kitty, the character design constitutes a trademarked logo, in the same way that Mickey Mouse is. Unlike copyright or patents, trademarks don't expire after a fixed period of time, as long as they're protected by their holder. The only way for them to expire is through trademark dilution, when other identical or confusingly similar marks are used, or when the term enters common speech as a generic term: "aspirin" and "heroin" are two common examples cited. Today, other examples of trademarks that risk becoming generic names for the product, not the brand include "Xerox" and "band-aid". Our culture's tendancy towards "verbification" leads to terms like "photoshopped" and "googled", as well. This makes trademark holders anxious. That said, copyright infringement is much more likely to be ignored by the Lindens, though they will remove it when notified. Yepper - LL has to excise due diligence to protect trademarks by asking residents to stop. _/_/ _____________________
Don't Worry, Be Happy - Meher Baba
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Surreal Farber
Cat Herder
![]() Join date: 5 Feb 2004
Posts: 2,059
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08-04-2005 06:26
Does this mean I have to take off my Hello Kitty thong?
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Surreal
Phobos 3d Design - putting the hot in psychotic since 2004 Come see our whole line of clothing, animations and accessories in Chaos (37, 198, 43) |
Kris Ritter
paradoxical embolism
![]() Join date: 31 Oct 2003
Posts: 6,627
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08-04-2005 06:27
Does this mean I have to take off my Hello Kitty thong? Yes. Rawr ![]() |
FlipperPA Peregrine
Magically Delicious!
![]() Join date: 14 Nov 2003
Posts: 3,703
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08-04-2005 06:28
It is a fuzzy area. More and more, you see companies sending out cease and desist lets to fan web sites for using pictures, logos, etc, even for non-commercial purposes. I personally think this goes way too far and can have the effect of alienating the very customers who support you enough to want to have a fan site. The avatar thing is an interesting grey area - if it is not for sale, I am not sure if it would fall under fair use or not. It is getting insane. Check out what Apple's doing... http://www.wired.com/wired/archive/13.05/apple.html Suing your biggest fans isn't normally what I'd call protecting your brand; its egotism taken to the level of insanity. -Flip _____________________
Peregrine Salon: www.PeregrineSalon.com - my consulting company
Second Blogger: www.SecondBlogger.com - free, fully integrated Second Life blogging for all avatars! |
Raudf Fox
(ra-ow-th)
![]() Join date: 25 Feb 2005
Posts: 5,119
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08-04-2005 06:36
*shrugs* Which is why I am not a fanatic to any single thing enough to try to recreate it. Especially if it's owned by the words Marvel or Paramount, both of whom are zealous in the protection of their copyrights.
Even Disney hasn't been /that/ zealous in the enforcement of their copyrights, because they want their fans to be able to have that desire to keep buying/watch/using their merchandise. After being slapped down in CoH, many players quit using Marvel stuff, even though they were almost fanatical about say X-men. (hides from the lawsuit for just mentioning the damned name) It's a balancing act on the part of the Copyright holders, that's for sure. But ultimately, it's up to them to enforce their own copyrights. To quote one of my art profs, "If you aren't willing to enforce your copyright, then no one else will. Not the law, not the government, no one. It's not in their best interest that copyright laws exist." _____________________
DiamonX Studios, the place of the Victorian Times series of gowns and dresses - Located at http://slurl.com/secondlife/Fushida/224/176
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Csven Concord
*
![]() Join date: 19 Mar 2005
Posts: 1,015
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08-04-2005 06:47
I'd like to know why I was singled out when I see copyrighted materials all over SL... I'd be (somewhat) surprised if LL was acting on a copyright infringement. I suspect this is a trademark violation (and assume that an earlier post is correct in this regard). Can you confirm which? |
Beau Perkins
Second Life Resident.
![]() Join date: 25 Dec 2003
Posts: 1,061
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08-04-2005 06:56
I don't understand why a budding designer was told she couldn't have anything be "Hello Kitty" while there at least 50 different creators that have used that same character on various objects, clothes and avies. It just leaves a very bad taste in my mouth. I was once told to remove merchandise that had real sports teams logos on them. You're friend is not alone. I happens from time to time. _____________________
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Hank Hoodoo
Middle Management
Join date: 25 Dec 2004
Posts: 65
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08-04-2005 06:56
You know, now that I think about it, those RHPS lips Philip proudly adorned his chest with for like years on end are probably copyrighted. Granted, he probably didn't buy or sell that shirt (considering I could make that myself, and why would a dude who can mint his own money sell anything?), but it's still kind of amusing.
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Colette Meiji
Registered User
![]() Join date: 25 Mar 2005
Posts: 15,556
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08-04-2005 07:02
Think people are missing a crucial point -
She has sold very few but was contacted by a Linden to halt the sale of any avie with the distinct design and was told to modify them because they are copyright characters.. The Linden's already said stop. So she should. The rest is academic conjecture about laws and fairness, etc. If she could prove that it was not copyrighted material then shed have a case. The fact that other people have copyrighted content is beside the point. For all we know a representative of the Hello Kitty brand contacted LL. Isnt really any of our concern, including the content provider's. They asked her to stop with that Av, so she should. |
Ellie Edo
Registered User
Join date: 13 Mar 2005
Posts: 1,425
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08-04-2005 07:50
Maybe I'm just a naughty person (I break speed limits where and when I judge it to be truly safe to do so), but I think all these threads about IP abuse are a mistake.
There is no doubt in my mind it is only a matter of time until there is a big clamp-down, rigorous enforcement of the law, inspections, hostile reporting, the lot. Not if, but when. And worse, the differences between different jurisdictions will eventually risk putting borders and dividing lines into the grid and indeed the internet, unless our governments can reach international agreements which would be very difficult. This is childrens playtime, the golden age of freedom (and yes, abuse) to which we will look back in wistful nostalgia. In my opinion the best thing is to keep quiet, stir nothing up. No need to hurry things along, it'll come soon enough. More and more discussion in forum, explanatory questions to LL - all these things could be quoted in a court of law, and make it more difficult for LL to delay some sort of overarching action. Just enjoy this temporary freedom, obey the sporadic removal commands, and keep your head down. But big NEW investment in infringing products would be foolish, I think. _____________________
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Surreal Farber
Cat Herder
![]() Join date: 5 Feb 2004
Posts: 2,059
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08-04-2005 08:12
I'm with the copyright holders in this case simply because if I owned a trademark or copyright, I wouldn't want others to use it without my permission. The without my permission being the crux of the matter.
Why bother to create something if it becomes fair game. I am NOT in favor of the way copyrights are being extended into infinity by revisions to U.S. law. (not sure about Europe or the rest of the world). The idea of a copyright was that the creator had the right to benefit exclusively from the results of their work for a set period of time. That time generally included their immediate heirs. That makes sense for the individual. After that time, the product became public domain, thus benefiting the society. This balanced individual rights with public good in a way that I think made sense. Trademarks were perpetual because it was recognized that it was another way of naming the business. And because they are more limited in scope. Even so, if your trademarked name becomes a common term for the item, you risk losing it. An example doesn't spring to mind atm, but I know Xerox came close to losing their trademark status because people called making copies "xeroxing". My problem with Disney, and their ilk is that they are lobbying law makers (successfully) to extend the cultural copyrights they own into the forseeable future. I do believe these should be treated differently than physical property, such as a building. Within a reasonable time, I believe intellectual property should enter the public domain... otherwise derivitive culture dies. And frankly, most culture is derivitive.. We build on the foundations laid by others. Anyway... LL does need to do what it considers to be reasonable to cover it's own legal behind. It may not be "fair" but considering what they have stated in the TOS, forums, etc.... it is to be expected. _____________________
Surreal
Phobos 3d Design - putting the hot in psychotic since 2004 Come see our whole line of clothing, animations and accessories in Chaos (37, 198, 43) |
Pol Tabla
synthpop saint
![]() Join date: 18 Dec 2003
Posts: 1,041
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08-04-2005 08:20
While selling the AVs for profit is pretty clearly an infringement, I would find any corporation hard-pressed to sue the owners of the AVs. After all - that'd be like suing someone for dressing up like Ronald McDonald. Miss McDonald _____________________
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Reitsuki Kojima
Witchhunter
![]() Join date: 27 Jan 2004
Posts: 5,328
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08-04-2005 08:29
_____________________
I am myself indifferent honest; but yet I could accuse me of such things that it were better my mother had not borne me: I am very proud, revengeful, ambitious, with more offenses at my beck than I have thoughts to put them in, imagination to give them shape, or time to act them in. What should such fellows as I do crawling between earth and heaven? We are arrant knaves, all; believe none of us.
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Dianne Mechanique
Back from the Dead
![]() Join date: 28 Mar 2005
Posts: 2,648
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08-04-2005 08:49
Well, let's see... LL is sponsoring an Elvis look-alike contest of sorts; LL has sponsored and allowed The Wizard of Oz and Peter Pan -- all of thse have valid copyrights and licenses for use. Pot, meet the kettle. Both are black. You can't enforce what you don't follow yourself. Then again, the new Napster ruling might have a huge effect on what you are permitted to see in SL and what you can't. Commercial use and profits are the issue, not vanity characters or tributes. _____________________
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black art furniture & classic clothing =================== Black in Neufreistadt Black @ ONE Black @ www.SLBoutique.com . |
Lynn Lippmann
Toe Jammer
Join date: 12 Jun 2003
Posts: 793
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08-04-2005 09:47
Wrong. Commercial use and profits are the issue, not vanity characters or tributes. Yes and such a fuckin' shame that the european copyright is held by a children's hospital who takes in donations to help pay the expenses for extremely sick children who have no insurance. While LL put on their tribute and parody (as you call it, others saw and continue to see if differently), wouldn't it have been nice if a check had been sent to that very same hospital for the children saying... "We had fun, please use this as our way of saying thanks." But then again, it was a parody. And a parody requires no donation boxes. In fact, a parody is a way of trying to escape any form of legal responsibility. /endsarcasm _____________________
They give us new smilies
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Bebop Vox
Registered User
Join date: 26 Mar 2005
Posts: 92
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08-04-2005 09:47
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Roberta Dalek
Probably trouble
![]() Join date: 21 Oct 2004
Posts: 1,174
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08-04-2005 10:48
Yes and such a fuckin' shame that the european copyright is held by a children's hospital who takes in donations to help pay the expenses for extremely sick children who have no insurance. Erm. We have state health care here. The donations are for equipment and research. There should be no presonal expenses for any patient. _____________________
See my stuff on SL Boutique!
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Online Doesburg
absurd hero
Join date: 6 Jul 2005
Posts: 53
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08-04-2005 11:25
... So there you have it, you can get up to 1, 3, 5 or 10 years of jail for infrigement, depending on case, the 1 year starting at around $1000 retail value. So what exactly is the 'retail value' of a Hello Kitty avatar? Where can I buy one (outside SL)? Just a thought! I think, because SL is a grey area when in comes to reproduction of copyrighted material they (LL) are just trying to cover their ass, and they are probably better off doing so. Who knows how a 80-year old judge who has never used a computer before would decide if someone brought such a case in front of him/her. Create, don't copy/imitate! |
Reitsuki Kojima
Witchhunter
![]() Join date: 27 Jan 2004
Posts: 5,328
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08-04-2005 11:39
So what exactly is the 'retail value' of a Hello Kitty avatar? Where can I buy one (outside SL)? Right here! (clicky-linky-thingy) Technicly you can't buy a Hello Kitty avatar there to my knowledge, but the entire world is a commercial endevor branded with the Hello Kitty trademark, so... _____________________
I am myself indifferent honest; but yet I could accuse me of such things that it were better my mother had not borne me: I am very proud, revengeful, ambitious, with more offenses at my beck than I have thoughts to put them in, imagination to give them shape, or time to act them in. What should such fellows as I do crawling between earth and heaven? We are arrant knaves, all; believe none of us.
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Greene Hornet
Citizen Resident
Join date: 9 May 2005
Posts: 103
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Yes, but...
08-04-2005 11:49
Unfortunately, relative obscurity doesn't negate copyright or trademark infringement. Neither does other people doing it. You're not allowed to use materials that you aren't licensed to reproduce within SL. If other people are also breaking the law, that doesn't make it okay. They're also in violation of the TOS and intellectual property law, and the Lindens will remove their content if and when they become aware of it. This is a preventative measure to reduce the number of potential legal threats and DMCA takedown requests they would have to process and deal with from copyright and trademark holders. The Wonderful Wizard of Oz was written in 1900 and has entered the public domain. The 1939 movie, The Wizard of Oz, is still under copyright, and MGM will kick your butt if you try to do anything beyond parody. (It's been a while, but if I recall, the key difference between MGM's work and L. Frank Baum's is that in the novel, they're silver slippers, not ruby.) Peter Pan is in the public domain in several jurisdictions, (Canada, parts of Europe, if I recall -- I think it's still under copyright in the UK for another few years) and it had entered the public domain prior to copyright term extensions being passed in the US, meaning it will remain there. Were the Lindens to produce a Knight Rider attraction, they could expect some serious legal opposition to that, but works in the public domain are fair game. Fair game or no - public domain IP is still not "free" to distribute without explicit permissions to do so from the rights holder. _____________________
I'm unemployed and my girlfriend wants me to get a job. She thinks I'm addicted to the internet and this game.
Greene Hornet |
Newfie Pendragon
Crusty and proud of it
![]() Join date: 19 Dec 2003
Posts: 1,025
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08-04-2005 12:05
Fair game or no - public domain IP is still not "free" to distribute without explicit permissions to do so from the rights holder. The rights holder with Public Domain *is* the public. That's why it's called Public Domain. Once a copyrighted item falls into the public domain, it can be used in any way, shape or form as the public (meaning pretty much anyone) wants. If an individual owned the rights to it, it'd be then called Private Domain. - Newfie _____________________
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Reitsuki Kojima
Witchhunter
![]() Join date: 27 Jan 2004
Posts: 5,328
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08-04-2005 12:06
Fair game or no - public domain IP is still not "free" to distribute without explicit permissions to do so from the rights holder. Errr, no. Something which is public domain, as opposed to simply public, does not require anyones permission to do things with. What your saying is a contridiction in terms - Public domain does not have a rights holder in the sense you are thinking of. Rights have either expired or were waived. _____________________
I am myself indifferent honest; but yet I could accuse me of such things that it were better my mother had not borne me: I am very proud, revengeful, ambitious, with more offenses at my beck than I have thoughts to put them in, imagination to give them shape, or time to act them in. What should such fellows as I do crawling between earth and heaven? We are arrant knaves, all; believe none of us.
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Foulcault Mechanique
Father Cheesemonkey
Join date: 28 Mar 2005
Posts: 557
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08-04-2005 12:17
Unless the copyright holder him/herself (or a legal representative) tells LL to tell your friend to stop making these avies, there is no reason to not continue. You can't sue or threaten of suing on someone else's behalf. Which is why I'm raising an eyebrow at Lindens starting to enforce third parties' copyrights on their own initiative... But of course it'd be safer to ask permission, obviously. Lindens though could be responding from previous experience. Maybe the company HAS been in communication with LL before and therefore they already have knowledge that the company WILL persue if discovered. LL though being responsible and wanting not to have anyone going to court is telling the player ahead of time before the player gets slapped with a lawsuit. The old idea of touching the hot pan applies here. LL watched a customer touch the hot pan and they got burnt...they aren't gonna let another customer get the same. _____________________
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 I'm moving this over to Off-Topic for further Pez ruminations. |
Ghoti Nyak
καλλιστι
![]() Join date: 7 Aug 2004
Posts: 2,078
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08-04-2005 12:42
_____________________
"Sometimes I believe that this less material life is our truer life, and that our vain presence on the terraqueous globe is itself the secondary or merely virtual phenomenon." ~ H.P. Lovecraft
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