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Rant: About respect of other people's effort and people that can't mind own business.

Shiryu Musashi
Veteran Designer
Join date: 19 Nov 2004
Posts: 1,045
07-20-2005 15:17
Forgive me in advance for the incoming rant, but i really have to let some steam off...

Today i was designing and minding my own business (like someone should really learn to do) that a linden comes to me telling me that someone filled abuse reports on my cars about trademark infringment of Nissan and Toyota marks and thet i should remove them.
Now, everyone that knows me at least a little or that tried my cars at least once knows very well how much effort and work i put into each one. They are the fruit of months of prim, texture and scripting work, and i'm really proud of the result.
Now, i managed to settle with just removing the bigger marks from the display signs, without actually modifying the cars themselves, but without going into LL wanting to cover their backs from possible (possible? umh..... not so likely) sues from real life car companies (even if in my humble opinions they should adress MUCH bigger game related issues before even going into this), i find it discouraging to see that there are people that can mind their own business so few or that have so much time on their useless hands, to go around and fill abuse reports on this.
Some people should really learn to mind their own business, because i really don't see any other reason to fill an abuse report on such a matter if not just for being low and trying to damage someone's effort and buiness.
I really have no idea on who might have done this, and i actually would be curious to know who are the low and cowardish individuals that did, but i wure won't stop working on my cars, and i believe other car and vehicle makers (and anyone else than makes beautiful replicas of real life items) who put the same EFFORT and PASSION in their work won't. Such replicas enrich the environment we live our second life in, and i won't let anyone discourage me.
I definately think the lindens should give more attention to serious abuse matters (while people that go around shooting others are just told "bad boy!" and sent back to play) instead of giving attention to cowardish idiots that fly around the grid nitpicking on people's work just for the purpose of damaging them (THIS is actually a polished form of griefing).
I for one, will not stop my work, because i know how many people appreciate what i do, and i love it myself. Will not let cowardish people without a life of their own stop me, now nor ever. To them i can only say one thing: Get a life of your own instead of trying to mess with what other people do. And if i'm not the only one that has had this kind of peoplems i hope the others won't get discouraged as well, people like that, whose only purpose is to grief, don't even deserve our attention, and honestly shouldn't deserve the lindens' attention (that should be aimed at more important matters, such as banning griefers or making the whole place less buggy) as well.
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pandastrong Fairplay
all bout the BANG POW NOW
Join date: 16 Aug 2004
Posts: 2,920
07-20-2005 15:21
Just tell the Lindens "no". :D
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~ Ulrika Zugzwang on the iconography of pandastrong in the media



"That's no good. Someone is going to take your place as SL's cutest boy while you're offline."

~ Ingrid Ingersoll on the topic of LL refusing to pay pandastrong for being in their game.
Pendari Lorentz
Senior Member
Join date: 5 Sep 2003
Posts: 4,372
07-20-2005 15:23
From: someone
by Robin Linden:
Trademark Infringement
You may see things available in SL that are branded with well-known RL corporate logos. If a LL employee sees something like this they will ask the creator to remove the logo, since this is an infringement on a legally registered mark. There may be marks that we aren't familiar with, or that we don't encounter. If the owner of the trademark sees an infringement and wants it removed, they can let us know and we will take care of removing it.



Full post (which also contains info on Advertising and Copyright violation) found here: /invalid_link.html
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Pendari Lorentz
Senior Member
Join date: 5 Sep 2003
Posts: 4,372
07-20-2005 15:26
From: someone
by Robin Linden:
The procedures we have in place are to respond to people who are using trademarks or copyrighted material belonging to other people, and are designed to protect the trademark and copyright holder from unfair practices. If you see something that you think is a trademark violation, please file an abuse report or let an in-world liaison know.


Full post found here: /invalid_link.html
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Shiryu Musashi
Veteran Designer
Join date: 19 Nov 2004
Posts: 1,045
07-20-2005 15:26
Yes, and?
Should we stop making replicas of real life items? I really don't think so. Secondlife is FULL of them, they require effort and skill to make, and i really doubt an high portion of SL's content, alongside with the creators effort, have to be removed due to the beahvioir some griefers that have too much time on their hands. And no, don't try to persuade me they go around filling abuse reports to help LL or second life, i don't (and i doubt anyone would) buy it. Sorry.

(and maybe you should post things in one post only, just to be as nitpicky as you are)
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Huns Valen
Don't PM me here.
Join date: 3 May 2003
Posts: 2,749
07-20-2005 15:32
If you engage in blatant trademark infringement, you are basically making trouble for yourself, and have no grounds to complain when someone asks you to stop. My advice to you is to stop using others' trademarks and design something unique on your own.
Shiryu Musashi
Veteran Designer
Join date: 19 Nov 2004
Posts: 1,045
07-20-2005 15:34
From: Huns Valen
If you engage in blatant trademark infringement, you are basically making trouble for yourself, and have no grounds to complain when someone asks you to stop. My advice to you is to stop using others' trademarks and design something unique on your own.


Sure, when Nissan or Toyota will ask me to stop maybe i will, but when some griefer with too much time on his hands does, well, he can go to hell, and i will make him a custom car for the trip.

A big part of Second Life is about fullfilling one's dreams in virtuality, and how many people have between their dreams to be able to drive a costly sport car that they will never be able to afford in real life (or to have it in their garage, since not much more can be really done in SL, and it's to adress this than the lindens should aim their efforts)?
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Lum Kuhr
Registered User
Join date: 29 Jun 2005
Posts: 93
07-20-2005 15:34
You could just email someone at Nissan and ask if it's ok to use their logo on a non-profit model of the car that you're making, a lot of companies are pretty decent about fansites and whatnot, once you have permission then all will be cool.

It's worth a shot anyway.

PS where is your business, and do you do a model of the Nissan 200SX (Silvia) s13 hatchback?
Pendari Lorentz
Senior Member
Join date: 5 Sep 2003
Posts: 4,372
07-20-2005 15:38
From: Shiryu Musashi
(and maybe you should post things in one post only, just to be as nitpicky as you are)


Sorry, I found the second post after the first. I've not offered any personal opinion on this issue. I was just trying to point you to Linden posts that would explain why this person may have reported you.

You don't know me from Adam, so don't call me nitpicky. :p
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Shiryu Musashi
Veteran Designer
Join date: 19 Nov 2004
Posts: 1,045
07-20-2005 15:41
From: Lum Kuhr
PS where is your business, and do you do a model of the Nissan 200SX (Silvia) s13 hatchback?


It's in Anton, you can find the exact location in my profile picks, but my range is pretty limited in numbers for now, given the time that takes to make each one of them (and looks like some griefers have absolutely no respect for this). The only Nissan i have is the Fairlady Z in the normal, Roadster and Nismo S-Tune version.

From: Pendari Lorentz
Sorry, I found the second post after the first. I've not offered any personal opinion on this issue. I was just trying to point you to Linden posts that would explain why this person may have reported you.
You don't know me from Adam, so don't call me nitpicky. :p


Sorry for calling you nitpicky, but honestly this whole matter upset me quite a bit, so i guesss i just need to chill a bit.
Anyway, it's kind of hard to believe someone went around to report my cars just because of that, and if they did they STILL need to learn and respect other people hard work and effort instead of trying to damage them.
There is no other reason for someone to report something that absolutely causes no harm to anyone if not to damage the person that makes it. And that is absolutely low.
How many real life car replicas are there around the grid? Is there anyone that honestly think they cause any harm or shouldn't be made?
The only ones that could really complain about them are the real life car companies, and if they'd ever come to second life to create a market of their own here i would be more than happy to leave the field, or even better, offer them my services :P
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Daphne Molinari
The Delectable One
Join date: 29 Jun 2004
Posts: 236
07-20-2005 15:42
I am sorry but I think you are wrong. I personally own, a mustang, an escalade, Shir's cars and many other items that are "REPLICAS" of well known items in RL. They are KNOWN to be replica's and designers that make them work hard to give the SL community what they think they will like. We have transformers, Hello Kitty's, Sesame Street Characters, Replicated clothing and sports wear and much much more. Maybe we should take everything out of world and let you all just walk around with newbie items and just tell all the designers to take a break from doing what they love.

This is a GAME and people buy here what they have, or want in RL. If you are so bored and pathetic to report such items you really need to find a new hobby.
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Musicteacher Rampal
Registered User
Join date: 20 Feb 2004
Posts: 824
07-20-2005 15:48
I agree with the poster that said to get permission from the companies to use their logos or make the cars without the logos. I don't think a car company is going to worry about their logo coming up in a game, it's not like buying a SL car would hurt the real car industry at all. If anything it could be good advertising for the companies!
Aces Spade
Raise you One♠
Join date: 22 Sep 2003
Posts: 2,774
07-20-2005 15:50
From: Daphne Molinari
I am sorry but I think you are wrong. I personally own, a mustang, an escalade, Shir's cars and many other items that are "REPLICAS" of well known items in RL. They are KNOWN to be replica's and designers that make them work hard to give the SL community what they think they will like. We have transformers, Hello Kitty's, Sesame Street Characters, Replicated clothing and sports wear and much much more. Maybe we should take everything out of world and let you all just walk around with newbie items and just tell all the designers to take a break from doing what they love.

This is a GAME and people buy here what they have, or want in RL. If you are so bored and pathetic to report such items you really need to find a new hobby.


I agree with daphne..the same thing happened to my boyfriend a few months ago about the playboy Logo he was ordered by a linden to have it removed or they where going to delete his items which had the logo on it..shit now i see lots of people using the same logo lol funny :)
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From: someone
Posted by ZsuZsanna Raven
So where is the "i don't give a shit'' option?
Shiryu Musashi
Veteran Designer
Join date: 19 Nov 2004
Posts: 1,045
07-20-2005 15:53
From: musicteacher Rampal
I agree with the poster that said to get permission from the companies to use their logos or make the cars without the logos. I don't think a car company is going to worry about their logo coming up in a game, it's not like buying a SL car would hurt the real car industry at all. If anything it could be good advertising for the companies!


Honestly i would find more useful spending my time making more cars (and clothes) than wasting it (alongside with the time of some real life employee of such companies that for sure has more important matters to attend) sending messages that won't even reach a level high enough to have any usefullness.
I tried many times when i used to make add-on planes for FS2004, and of course it was just wasted time, no airline ever bothered to answer (and of course none ever gave me the slightest problem as well), and honestly i don't blame them at all.
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Juro Kothari
Like a dog on a bone
Join date: 4 Sep 2003
Posts: 4,418
07-20-2005 15:56
From: Shiryu Musashi

Anyway, it's kind of hard to believe someone went around to report my cars just because of that, and if they did they STILL need to learn and respect other people hard work and effort instead of trying to damage them.

Shiryu - I respect the many hours that you've put into your creations and I have particularly enjoyed your driving chronicles here on the forums. Indeed, you make some of the best autos in SL.

However - there are a couple of things that I'd like to point out:

- by selling your creations using a known, trademarked brand - you are also not respecting the hard work and dedication of those creative folks at Nissan, Toyota, etc. They spent many hours and millions of dollars to create and market those products. Should they not be afforded the same respect?

- as others have mentioned, I doubt it would be a big issue if the items were not for sale. Because we can trade our Linden dollars for real currency, anyone who sells a product in SL that has RL trademarks on it is breaking the TOS.

Although I'm playing the devil's advocate by bringing this up, IMHO I think that big corporations are flexing thier legal muscle just a bit too much over virtual use of thier logos. If I were head of Toyota - I'd see it more as guerilla marketing than profiting off of my trademark.
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Juro Kothari
Like a dog on a bone
Join date: 4 Sep 2003
Posts: 4,418
07-20-2005 15:59
Shiryu - I think all you'd need to do is change the name of the vehicles and replace the Toyota/Nissan logos with your own.

You're famous enough to warrant your own brand - if you'd like I would be happy to work on a logo for your motorworks with you.

:)
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blaze Spinnaker
1/2 Serious
Join date: 12 Aug 2004
Posts: 5,898
07-20-2005 16:04
The problem is that your trademark infringement is going to bring down the heat on all of us.

At some point, people will sue SL and their residents just because of a couple of bad apples.

Better just not use them.
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Siggy Romulus
DILLIGAF
Join date: 22 Sep 2003
Posts: 5,711
07-20-2005 16:05
... Alternatively.. if there is a logo on vehicle.. just take off the logo, or even do a play on words with it...

If it's the trademarked logo they're having troubles with - remove the logo and retain the vehicle as a virtual replica.


Siggy.
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From: Jesse Linden
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Shiryu Musashi
Veteran Designer
Join date: 19 Nov 2004
Posts: 1,045
07-20-2005 16:06
From: Juro Kothari

- by selling your creations using a known, trademarked brand - you are also not respecting the hard work and dedication of those creative folks at Nissan, Toyota, etc. They spent many hours and millions of dollars to create and market those products. Should they not be afforded the same respect?


That's exactly because i respect and love their work (i own a Toyota Celica GT4 in real life), that I make my replicas, the many have approached me asking me to make cars i don't like, know i work only on a very selected few models, because my replicas are exactly a way to show my love for my own dream cars.
I would NEVER ever think to make them if they could have even the smallest chance to give any damage to the respective companies, but fact is that they do not. The worst damage i can cause is to make their cars more popular in SL.

And yes, i could change the logos, but then they wouldn't be replica anymore, thus having no sense of being as a tribute to the real car, exactly like censored porn :P

Changing the logos would be simply and tastelessly copying someone else's work without giving him any credit. My cars are REPLICAS, i do them and mantaining the original logos give credit to the ones that designed them, while keeping the credit for other elements, like the scripting or the actual transposition from real to prims. I sure don't want to cheat people into thinking they are my own design.

In any case i agreed with the linden that i can keep the cars as they are, just can't make big signs using only the logos.
This post is only marginally about the lindens, that don't pose much of a problem. Is about people that can't respect other people's work and effort and go out of their way to report things that pose absolutely no damage or threat to themselves or anyone, just for the sake of damaging the makers. They are the real griefers.
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Bosozoku Kato
insurrectionist midget
Join date: 16 Jun 2003
Posts: 452
07-20-2005 16:19
I'd suggest marketing as/using logos of "Musashi Motors".

I'd also suggest looking into what constitutes Trademarks and the rights thereof. Unfortunately your arguments are unfounded, and based on personal feelings, not law. Understandable, yes -- to an extent. Defendable, no.

The net, SL (and no doubt myself) included are rife with trademark infringment.
pandastrong Fairplay
all bout the BANG POW NOW
Join date: 16 Aug 2004
Posts: 2,920
07-20-2005 16:38
From: Juro Kothari

- as others have mentioned, I doubt it would be a big issue if the items were not for sale. Because we can trade our Linden dollars for real currency, anyone who sells a product in SL that has RL trademarks


But that is the problem right there. Linden Dollars have value because 3rd parties have assigned them value. There is nothing inherent in LL's policy that assigns a real world value to Linden Dollars. It is virtual barter.

What if Shiryu likes to make Toyotas and roleplay as a car salesman, but decides not to cash out for real dough?

If that is the case, then there is no difference in what he is doing vs. playing D&D with some paper and pen (except the knight and troll whatevers would have sweet rides).

So until everyone sees his income tax filings, showing of course how much money he has made off of his Toyotas, everyone should STFU loll fic haha.

This is why AR's for infringement should only be actionable if they originate from RL owners of the trademarks or their legal representatives.

If you are concerned that the president of Toyota doesn't play SL, then send a letter to him, not the Lindens.
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"Honestly, you are a gem -- fun, creative, and possessing strong social convictions. I think LL should be paying you to be in their game."

~ Ulrika Zugzwang on the iconography of pandastrong in the media



"That's no good. Someone is going to take your place as SL's cutest boy while you're offline."

~ Ingrid Ingersoll on the topic of LL refusing to pay pandastrong for being in their game.
Juro Kothari
Like a dog on a bone
Join date: 4 Sep 2003
Posts: 4,418
07-20-2005 16:50
Did I just get spanked by Panda?
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Dianne Mechanique
Back from the Dead
Join date: 28 Mar 2005
Posts: 2,648
07-20-2005 16:59
From: Shiryu Musashi
Forgive me in advance for the incoming rant, but i really have to let some steam off...

Today i was designing and minding my own business (like someone should really learn to do) that a linden comes to me telling me that someone filled abuse reports on my cars about trademark infringment of Nissan and Toyota marks and thet i should remove them.
Now, everyone that knows me at least a little or that tried my cars at least once knows very well how much effort and work i put into each one. They are the fruit of months of prim, texture and scripting work, and i'm really proud of the result.
Now, i managed to settle with just removing the bigger marks from the display signs, without actually modifying the cars themselves, but without going into LL wanting to cover their backs from possible (possible? umh..... not so likely) sues from real life car companies (even if in my humble opinions they should adress MUCH bigger game related issues before even going into this), i find it discouraging to see that there are people that can mind their own business so few or that have so much time on their useless hands, to go around and fill abuse reports on this.
Some people should really learn to mind their own business, because i really don't see any other reason to fill an abuse report on such a matter if not just for being low and trying to damage someone's effort and buiness.
I really have no idea on who might have done this, and i actually would be curious to know who are the low and cowardish individuals that did, but i wure won't stop working on my cars, and i believe other car and vehicle makers (and anyone else than makes beautiful replicas of real life items) who put the same EFFORT and PASSION in their work won't. Such replicas enrich the environment we live our second life in, and i won't let anyone discourage me.
I definately think the lindens should give more attention to serious abuse matters (while people that go around shooting others are just told "bad boy!" and sent back to play) instead of giving attention to cowardish idiots that fly around the grid nitpicking on people's work just for the purpose of damaging them (THIS is actually a polished form of griefing).
I for one, will not stop my work, because i know how many people appreciate what i do, and i love it myself. Will not let cowardish people without a life of their own stop me, now nor ever. To them i can only say one thing: Get a life of your own instead of trying to mess with what other people do. And if i'm not the only one that has had this kind of peoplems i hope the others won't get discouraged as well, people like that, whose only purpose is to grief, don't even deserve our attention, and honestly shouldn't deserve the lindens' attention (that should be aimed at more important matters, such as banning griefers or making the whole place less buggy) as well.
Well although the abuse report is a bit much IMO, maybe the person that made it works for the company in question or something. Maybe they have been on the recieving end of your kind of image and trademark appropriation.

Also, what you are doing *is* 100% illegal so it's hard to work up a great deal of sympathy.

How hard is it to make a "Nossan" label or "Ditsun" or somethign that looks much like the original but is not illegal? You could do that in no time at all and solve the whole thing forever.

:)
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Madame Maracas
Not who you think I am...
Join date: 7 Jun 2004
Posts: 1,953
07-20-2005 16:59
I have some sympathy and some issues with all sides of this debate.

I would hate to see us ALL lose so much content, etc. if the lawsuits we all by common sense know could be brought forth choking so many folks out of bizness, emptying so many folks' inventories.

On the other hand, those of use that can and do make fully original work are competing in an "unfair playing field" (not that there is suce a thing as a fair playing field in SL or RL), up against brand names with 1st life value to the general SL populace.

If designer X has jeans for sale they've made pixel by pixel, that for all intents and purpose are identical to the jeans designer Y has for sale w/a famous name (pick your fav), right next door, for the same price, what might the result be?

Will the unknown designer prosper as well as the one riding the coat tails of multi-million dollar, years established sales campaigns? hmmm. Doubt it.

Do we walk down the streets seeing Joe Blow jeans or Levis in RL? Do they compete at the same level? Is that important in SL (probably not, but there's that pesky TOS).

Ok, so let's leave aside fair competition.

If designer Y is obeying the rules of SL, should they now gain an advantage?

OR

Is the rule of "until I'm caught/forced to obey" the rule of the land?

I have friends on both sides of this, Y's and X's. I'm fairly certain that all of my stuff is Y style, legally speaking, why? It's nearly completely or actaully is completely from scratch.

My designs.
My textures.
My ideas.

So when I walk buy a store full of stuff that's right out of Champion or Starter or Nike or whatever company you like, is that fair? Is it right? Or is it up to Champion, Starter, Nike and SL to come and tell me AGAIN that I must abide by the rules that I AGREED to when I entered SL?

Now, here's the rub.

What will the market bear?

All the folks walking around using, buying, wearing, driving these branded items, they're breaking TOS. And yes I have stuff that I shouldn't guilty as charged.

So... should we all dump all of that stuff?
Is this haphazardly enforced? D'oh it sure is!

Who's fault / responsibility is it?

Didn't we all sign the contract?

I think we're probably all at fault, and we know better, that's why this can get so ugly here.

With regards to your Nissan-styled cars, I'm sure that with the talents it took to make these, you can make fresh cars, probably nicer looking ones, although I'm sure it will be a big Old pain in the butt. But I suspect your creations would be better, and you'd be just that much prouder when they sell, when you see them gliding around SL. Just a guess.

But I really think we're all wrong, and we're too spoiled to act differently (me, my opinion, not directed at anyone in particular, an assessment).
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Foulcault Mechanique
Father Cheesemonkey
Join date: 28 Mar 2005
Posts: 557
07-20-2005 17:12
Madame MaracasLet me just say if you were making the jeans versus brand name. I'd take yours in a minute. I don't go for "brand name" in RL unless it is a quality thing and then obviosuly this is NOT the same ability as last time I checked my SL jeans didn't get holes in them. BUT in the same breath is I want teh delorian from back to the future then to hell I want it. Also when the copyrighters come down (if ever) look at it this way....those people might get burnt, sued, etc. You get to sit back and have yoru favorite alchy while sitting on teh beach in SL.
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From: Jeska Linden
I'm moving this over to Off-Topic for further Pez ruminations.
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