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

Enabran Templar
Capitalist Pig
Join date: 26 Aug 2004
Posts: 4,506
08-03-2005 13:26
From: Cereal Milk
And none of you have a right to say one word about trademarks unless you are personally representing Toyota.


So, by the same token, since you're not Shiryu, neither have you the right to speak?
_____________________
From: Hiro Pendragon
Furthermore, as Second Life goes to the Metaverse, and this becomes an open platform, Linden Lab risks lawsuit in court and [attachment culling] will, I repeat WILL be reverse in court.


Second Life Forums: Who needs Reason when you can use bold tags?
Cereal Milk
Magically Delicious
Join date: 18 Aug 2004
Posts: 203
08-03-2005 13:28
Oh! I've got no dog in this hunt, but I've got something to say! Hear me! Just give me a minute to pull my pants down and squat...
Reitsuki Kojima
Witchhunter
Join date: 27 Jan 2004
Posts: 5,328
08-03-2005 13:31
From: Cereal Milk
Just for exposition purposes, let's break this statement down.

"Getting called on doing something illegal" is how you choose to describe the anonymous abuse report that was abusively filed against Shiryu. Okay. I suppose you equate it to being a whistleblower, to ratting out an unethical company that's harming the community with its practices. I suppose you think it's a noble effort, one that was done only with great personal risk. Except that there was no harm, no risk (and arguably no community either). Just a cowardly griefer with an axe to grind.


You suppose much.

Actually, I have pretty much no opinion about the abuse report itself - I neither support the notion nor condem it; each person must make their own descision about what to report.

Next false supposition?

From: Cereal Milk
"Owning up" involved getting harrassed by an ignorant and irresponsible enforcement team.


Ignorant is debateable, but they absolutely were not irresponsible.

From: Cereal Milk
"The consequences" themselves were barely mentionable. As I understand it, Shiryu had to take the billboards down, but continues to sell Toyotas with Linden blessing.


Yes, and believe me, this bothers me deeply - LL is thumbing its nose at not only law but it's own policies, and I will be attempting to obtain a statement regarding this from Robin or Phil. I'd like to know where exactly they stand; They have sided with the IP owner in the past, I would like to think they would continue to do so.

From: Cereal Milk
So I suppose there wouldn't be anything meritorious about my complaints, if we accept the fantasy that you've woven by trying to pigeonhole this situation into the narrow vision of cops-and-robbers.


Your right. Except it's not a fantasy.

From: Cereal Milk
The reason you're not hearing this is because I'm profiting off my own hard work.


Then come up with your own designs, or at least file the serial numbers off existing ones - Branding them with RL trademarks is disrespectful and illegal.

From: Cereal Milk
That probably wasn't the answer you wanted to hear, but no amount of reality-distortion can change the fact that Shiryu and I built those cars (and spent a nontrivial amount of time doing so).


Yes, but you didn't design those cars.

From: Cereal Milk
Does that bother you?


Frankly, you assume much if you think you personally have any ability to "bother" me. Some of LL's descisions here bother me, you, however, I just find annoyingly offensive in your blatant and almost celabratory ignorance of the law.
_____________________
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.
Reitsuki Kojima
Witchhunter
Join date: 27 Jan 2004
Posts: 5,328
08-03-2005 13:33
From: Cereal Milk
And none of you have a right to say one word about trademarks unless you are personally representing Toyota.


Happily, quite wrong. :D
_____________________
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.
Cereal Milk
Magically Delicious
Join date: 18 Aug 2004
Posts: 203
08-03-2005 13:47
From: Reitsuki Kojima
Frankly, you assume much if you think you personally have any ability to "bother" me.

So if you're not bothered, why are you still here? Is this the local custom? I sure am seeing that the most cool-headed, least-bothered people here are the ones posting the most, and the most vocally.

You can tell me that it's "Linden Lab's decision" that's bothering you, but that's just a copout. What do you care if our work has been given Linden Lab's blessing? Why don't you join in? What's stopping you? "It's illegal"? That's just a copout too. We've already established that using RL brand names in SL is not consequential enough to matter. Maybe you deny that reality, but I refuse to be raked over the coals just because you decided to role-play.

So you're upset because you can't beat us, but you refuse to join us, and somehow this is anyone's fault but yours?
Enabran Templar
Capitalist Pig
Join date: 26 Aug 2004
Posts: 4,506
08-03-2005 14:08
From: Cereal Milk
So you're upset because you can't beat us, but you refuse to join us, and somehow this is anyone's fault but yours?


I'm getting a touch of paranoia here. I'm not sure anyone posting is actually intent on "beating you." What I'm seeing is someone throwing a tantrum and several others remarking on the validity of the tantrum. Nothing more. If it pleases you to elevate the discussion to some epic battle of good versus evil, intrigue and suspense, then feel free to do so. I'll just be in the kitchen popping some corn.
_____________________
From: Hiro Pendragon
Furthermore, as Second Life goes to the Metaverse, and this becomes an open platform, Linden Lab risks lawsuit in court and [attachment culling] will, I repeat WILL be reverse in court.


Second Life Forums: Who needs Reason when you can use bold tags?
Forseti Svarog
ESC
Join date: 2 Nov 2004
Posts: 1,730
08-03-2005 14:19
From: Aimee Weber
I was like...OOF, SL is wound WAY too tight.

Two wrongs don't make a right but there should be some perspective here.


I don't disagree with you and panda... a little calm, a little humor, and a little perspective is good here! Thank you panda for always making me smile. :)

I doubt that SL is wound too tight. Most people in SL probably don't care a hoot about this issue. We're having an intellectual and legal debate on IP issues in SL (well, cereal's taking it a little too personally, but c'est la vie... he does have a vested interest I guess... he's put an awful lot of work into those cars).

I agree that it doesn't need to be taken to the Nth degree... searching databases and the like. I also agree that a lot of small businesses don't bother with too much trademark concerns -- but the ones with big visions and longevity do. The ones who are involved in creative fields like design especially do! Not a lot of IP issues in rubber bands manufacturing...

My take is ... avoid the big famous brands. Leave "star wars" alone. Don't take a clearly custom texture from Gucci and make clothes out of it. Don't use logos on replica products that you are selling.

If you do those basics, you're probably all right. AND -- if you try to be original, no one is going to fault anyone who happens to stumble across some IP conflict.
Reitsuki Kojima
Witchhunter
Join date: 27 Jan 2004
Posts: 5,328
08-03-2005 14:22
From: Cereal Milk
So if you're not bothered, why are you still here?


I enjoy a debate.

From: Cereal Milk
You can tell me that it's "Linden Lab's decision" that's bothering you, but that's just a copout.


Nah.

From: Cereal Milk
What do you care if our work has been given Linden Lab's blessing? Why don't you join in? What's stopping you? "It's illegal"? That's just a copout too.


Respecting the law is just a copout now? Huh. I missed the memo.

Actually what's stopping me is that I don't feel the need to lower myself to breaking the law to enjoy my second life.

From: Cereal Milk
We've already established that using RL brand names in SL is not consequential enough to matter.


Your confusing your opinions with reality again.

From: Cereal Milk
Maybe you deny that reality, but I refuse to be raked over the coals just because you decided to role-play.


Again with this silly "roleplaying" accusation. Is that really the only reason you think I'm against this?

Sorry, I roleplay a fox. My player happens to obey the law.

From: Cereal Milk
So you're upset because you can't beat us, but you refuse to join us, and somehow this is anyone's fault but yours?


I already beat you. That's the hillarious part.
_____________________
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.
Lianne Marten
Cheese Baron
Join date: 6 May 2004
Posts: 2,192
08-03-2005 14:25
From: Reitsuki Kojima
To take an example, music piracy. I don't report my friends to the RIAA because they download music any more than I personally report trademark violations... But if one of them recieved one of the RIAAs fun lawsuits aimed at them, ya know, I would have to say "Suck it up, you have no one to blame but yourself.". And that's the problem here, to my eyes...


I like this quote, because it sums up what happened here, if in a sideways fashion. What happened here though, was that you reported your friend, they didn't recieve an RIAA lawsuit. Until Toyota or Ford or any other company comes in and tells them to knock it off (and I doubt they will since virtual replicas of their products aren't their big moneymakers) why are we so bothered about this?
_____________________
Reitsuki Kojima
Witchhunter
Join date: 27 Jan 2004
Posts: 5,328
08-03-2005 14:27
From: Lianne Marten
I like this quote, because it sums up what happened here, if in a sideways fashion. What happened here though, was that you reported your friend, they didn't recieve an RIAA lawsuit. Until Toyota or Ford or any other company comes in and tells them to knock it off (and I doubt they will since virtual replicas of their products aren't their big moneymakers) why are we so bothered about this?


Actually, I didn't report anyone, but thank's for reminding me to state that outright.

And, what started this thread was that the "RIAA" (LL) DID come knocking on someone's door. Go back and re-read the first few posts. Regardless of what this thread has morphed into.

I care because I don't like seeing people breaking the law.
_____________________
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.
Lianne Marten
Cheese Baron
Join date: 6 May 2004
Posts: 2,192
08-03-2005 14:30
I was continuing your analogy. I know you didn't report anyone, we won't ever know who did.
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Csven Concord
*
Join date: 19 Mar 2005
Posts: 1,015
08-03-2005 14:32
From: Cereal Milk
So you've decided to not create a business because it's too hard. That makes even less sense than before, because any shmuck can buy a piece of land in a new sim and rez some objects for sale. They don't even have to be your objects!

You can keep on expecting anything you want out of me.


I see you keep skirting the issue - attempting to turn this away from the core problem: the use of someone else's intellectual property for personal gain.

And btw, no where in the following do I say it's "too hard":

"I choose to not start an SL business at this time (that's the part where I say "not... sell anything";) because the effort to do it in the manner I would choose (detailed earlier) does not currently make sense given the economic environment. It's simple ROI."

Attempting to rephrase my statements in ways that attempt to belittle me (and perhaps others) is a poor attempt at a defense. Please refrain from deliberate misinterpretation (I assume you're capable of understanding the English language) and derogatory terms; I'd rather not change my attitude regarding AR's on your account.

From: Cereal Milk
Well, let me summarize in terms even a five-year-old can understand.


You're five?

From: Cereal Milk
Whoever had a problem with Shiryu should have taken it up with Shiryu.


Why? If he doesn't bother to get permission from the rightful owners of the IP, why should anyone bother with him? No one owes him anything.

From: Cereal Milk
Whoever has a problem with me should take it up with me.


I have a problem with you and anyone who uses trademarks illegally. I'm taking it up with you on this forum.

From: Cereal Milk
Linden Lab abuse (I'm looking at you, Michael) shouldn't act so foolishly. Either it's legal or it's illegal, but it's not "legal except when some griefer tells you it might be illegal".


I'd say that if Michael responds to an AR, he's going to leave his kid gloves over at Shiryu's! Nice job.

From: Cereal Milk
And none of you have a right to say one word about trademarks unless you are personally representing Toyota.


I disagree. Such irresponsible actions (in terms a five-year old can understand):

- undermine the SL economy
- are against Linden Lab policy
- are illegal in most western nations
- possibly affects every resident in a worst case scenario.

The last person to be talking about "rights" are those who violate them.
Cereal Milk
Magically Delicious
Join date: 18 Aug 2004
Posts: 203
08-03-2005 14:50
From: Forseti Svarog
We're having an intellectual and legal debate on IP issues in SL (well, cereal's taking it a little too personally

I think intellectual and legal debate is respectable (and if you notice, Forseti is one of the few people who actually stuck to this and kept it objective) which is why I strongly suggested it be discussed in another venue.

My point is that what happened with Shiryu is not an intellectual nor a legal issue, nor is it even a debate. It's personal, it's political and it's petty. If (as I did) you scratch the fragile façade of "intellect" or "law" just a little bit, then you'll see what's really underneath. It's just griefing under a different guise.
Reitsuki Kojima
Witchhunter
Join date: 27 Jan 2004
Posts: 5,328
08-03-2005 14:58
From: Cereal Milk
I think intellectual and legal debate is respectable (and if you notice, Forseti is one of the few people who actually stuck to this and kept it objective) which is why I strongly suggested it be discussed in another venue.

My point is that what happened with Shiryu is not an intellectual nor a legal issue, nor is it even a debate. It's personal, it's political and it's petty. If (as I did) you scratch the fragile façade of "intellect" or "law" just a little bit, then you'll see what's really underneath. It's just griefing under a different guise.


Oh? You did, hmm?

Praytell, where did you find it?
_____________________
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.
a lost user
Join date: ?
Posts: ?
08-03-2005 15:07
/invalid_link.html

From: Robin Linden

Our goal is to be as consistent as possible in carrying out our policies. With respect to trademarks, we will ask creators to remove them (unless they are the trademark holder) or we will remove them if necessary. I've reminded the liaisons of this policy, and we'll do our best to make sure it's implemented evenly.
Csven Concord
*
Join date: 19 Mar 2005
Posts: 1,015
08-03-2005 15:42
I'll try to inject what might be a little good news (or a little bad news, depending on your pov). I've actually gotten the interest of a small lighting manufacturer (not a client) who has asked for more information about the use of their trademark on products in virtual worlds. That actually sounds promising.

And aside from the appliance manufacturer I mentioned earlier (haven't heard back yet - may be out of town), I got word to a designer at another very well-known corporation (the trademark for which is frequently ripped off in SL) that I'd like to take a new product of their's and bring it into SL. Chances are admittedly very slim they'll agree, but part of the deal would be my representing their interests in SL. Assuming that I get their go-ahead, it will bring up all sorts of issues that have til now been avoided. Do I owe it to anyone to give advance warning? Is filing an AR for trademark violations mandatory if the corporation wants to deal directly with an individual? etc.

However, I've not had any luck for months on this front, so I'm not really all that hopeful. But now seems a good time to raise those questions. For me this thread is no longer about Shiryu and Cereal (the latest contortions are getting pretty bad imo), it's about "what do I do if I land this whale"? Comments? Thoughts?
Enabran Templar
Capitalist Pig
Join date: 26 Aug 2004
Posts: 4,506
08-03-2005 15:45
From: Csven Concord
Chances are admittedly very slim they'll agree, but part of the deal would be my representing their interests in SL. Assuming that I get their go-ahead, it will bring up all sorts of issues that have til now been avoided. Do I owe it to anyone to give advance warning? Is filing an AR for trademark violations mandatory if the corporation wants to deal directly with an individual? etc.

However, I've not had any luck for months on this front, so I'm not really all that hopeful. But now seems a good time to raise those questions. For me this thread is no longer about Shiryu and Cereal (the latest contortions are getting pretty bad imo), it's about "what do I do if I land this whale"? Comments? Thoughts?


I think contacting someone up-front is always a good idea. If they get nasty or simply don't respond, at that point I think it would be a good idea to file a DMCA notification via the channels prescribed by Linden Lab:

http://secondlife.com/corporate/dmca.php
_____________________
From: Hiro Pendragon
Furthermore, as Second Life goes to the Metaverse, and this becomes an open platform, Linden Lab risks lawsuit in court and [attachment culling] will, I repeat WILL be reverse in court.


Second Life Forums: Who needs Reason when you can use bold tags?
Usagi Musashi
UM ™®
Join date: 24 Oct 2004
Posts: 6,083
08-03-2005 15:56
From: Reitsuki Kojima
Because it doesn't matter if they feel there is a threat or not; more than likely the issue is they simply do not know. Either way, it's poor practice to blatently violate trademark law and then have the gall to complain when you get called on it.

Please stop refering to copyright law; this is not an issue of copyright law, never has been. Copyright law is completely unreleated to what we are discussing. This is trademark law, a completely different issue.

Second Life, I hate to tell you, exists, within real life. It's not immune from the laws of real life.


Its seems a bit narrow minded since you don`t speak for "Said" Company offance ok :) Unless the "SAID" company steps forwars all such issues people are bitching about are just personthoughts in this matter.
Usagi Musashi
UM ™®
Join date: 24 Oct 2004
Posts: 6,083
08-03-2005 16:02
From: Reitsuki Kojima
First of all, your opinion of the quality of the design of a company products doesn't have any bearing on if the company cares to protect it's name. I think McDonald's is terrible, but they would still be very right to sue my ass off if I violated their trademarks.

Second of all, they *have* to care (provided they learn of it). As we have tried to explain several times to you and others that don't seem to get it, trademark law is not forgiving in this regard: You must defend your trademark, or you do loose your trademark.


We are not talking about cheap CHINESE badly redesigned or 100% copied objct that happen in real life. But I do understand the thought about defending trade marks and copy writes. BUT AGAIN Unless these company com forward and say " There are problems with Shiyru doing doing this then AGAIN its all it is is people bitching about issues because they have nothing better to do. Maybe thats not nice, but why bother with this issue when we have worse problems that need to be delt with then a player making badly produced object and making very little if anything over it. No offence hun ok :) I think so people are just takin gthis issue alittle over the edge. ANd what some people are doing is picking on objects other then what is first talked about.
Usagi Musashi
UM ™®
Join date: 24 Oct 2004
Posts: 6,083
08-03-2005 16:03
and its continuess
Csven Concord
*
Join date: 19 Mar 2005
Posts: 1,015
08-03-2005 16:03
But how do I do that when the abuse is so rampant? I can't scour SL looking for violators to give them a head's up. And most people don't come to the forums - I wouldn't even know where to post it. And keeping track of violators who've been previously warned is extra work. Why should I burden myself with that? What do I owe them?

[edit - thinking this should have a separate thread. I'll start one if/when things look more promising.]
Malachi Petunia
Gentle Miscreant
Join date: 21 Sep 2003
Posts: 3,414
08-03-2005 16:55
War in Jesse, is it upon us? Post #320 even cooler :rolleyes:
_____________________
Arcadia Codesmith
Not a guest
Join date: 8 Dec 2004
Posts: 766
08-04-2005 06:29
From: Robin Linden

Our goal is to be as consistent as possible in carrying out our policies. With respect to trademarks, we will ask creators to remove them (unless they are the trademark holder) or we will remove them if necessary. I've reminded the liaisons of this policy, and we'll do our best to make sure it's implemented evenly.


There's no question that using trademarks is a violation: that's been established beyond any reasonable debate. There is a reasonable question as to whether Linden Labs can be consistant, fair and effective in enforcing this policy.

If enforcement relies mostly or entirely on user reports, then it behooves each of us to report all instances of trademark abuse. If the policy is not enforced vigorously and consistantly, then the creators who abide by the policy are at a competitive disadvantage to those who flaunt the rules as irrelevant, an attitude displayed unapologetically in this thread.

But as a side note, user enforcement of policy is a sad substitute for substantial in-game presence of the company. It's spotty and prone to abuse. Nothing can take the place of a sizable, active and visible contingent of "gamemasters" (or whatever you want to call them) within the game. Don't rely on your players to do your job for you.
_____________________
"I like you better when you start pretending to be the person you want to be" - David Thomas
Csven Concord
*
Join date: 19 Mar 2005
Posts: 1,015
08-04-2005 07:10
Yep. It's a mess.

Assume for a moment that a competitor goes out AR'ing trademark violations. If it were me, I wouldn't go after the creator at his home/store - I'd AR his customers. Why? Well, if a customer is out the product they have to go get a refund. That could cause a whole host of administrative and accounting issues. That would be imo a real nightmare for the creator.

These issues point to other questions, such as: did LL avoid having Shiryu change the cars for other reasons? How do they actually enforce trademark on products that can materialize with a simple click-drag. I haven't seen LL explain how this is supposed to work. Do they delete the content at it's root? How do they know the violator doesn't have back-ups saved under different names and UUIDs and stored with an alt or a business partner's av? A customer could simply get a replacement (though it'd still be a headache I'd guess).

There's a whole practical level to enforcing Trademarks which hasn't really been touched on in this thread. It's partially why I've asked for specific ToS guidelines regarding this area. At some point I expect someone will be told to remove a product and they'll find ways to avoid... what? a permaban? a suspension?

Maybe LL has been updating the ToS quietly and I need to make regular visits to see if they add details that address these things.
Reitsuki Kojima
Witchhunter
Join date: 27 Jan 2004
Posts: 5,328
08-04-2005 07:27
From: Csven Concord
If it were me, I wouldn't go after the creator at his home/store - I'd AR his customers. Why? Well, if a customer is out the product they have to go get a refund. That could cause a whole host of administrative and accounting issues. That would be imo a real nightmare for the creator.


You assume LL would do anything to the customer. I don't think they would.
_____________________
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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