Also, it should be noted once again that officially, Linden Labs considers SL money to have *no value*. So I highly doubt any court is going to buy into the fact that you trading pictures of company logos for play money is 'profiting'.
These forums are CLOSED. Please visit the new forums HERE
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Jarod Godel
Utilitarian
Join date: 6 Nov 2003
Posts: 729
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08-10-2005 14:21
Also, it should be noted once again that officially, Linden Labs considers SL money to have *no value*. So I highly doubt any court is going to buy into the fact that you trading pictures of company logos for play money is 'profiting'. _____________________
"All designers in SL need to be aware of the fact that there are now quite simple methods of complete texture theft in SL that are impossible to stop..." - Cristiano Midnight
Ad aspera per intelligentem prohibitus. |
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FlipperPA Peregrine
Magically Delicious!
Join date: 14 Nov 2003
Posts: 3,703
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08-10-2005 14:21
I don't see how the (C), (R) or (TM) could really be achieved on the use of a graphic itself. Perhaps an addition field to "name" and "description" is needed for clearances to be annotated on each object. For example:
Name: Shell Oil Sign Description: An in world representation of a Shell Gas Station sign. Notes: Permission has been received from Shell in Houston, TX to use for demonstations, but not for sale of any kind. Please contact [email]xxx@yyy.com[/email] to verify. Just an idea. -Flip _____________________
Peregrine Salon: www.PeregrineSalon.com - my consulting company
Second Blogger: www.SecondBlogger.com - free, fully integrated Second Life blogging for all avatars! |
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Persephone Milk
Very Persenickety!
Join date: 7 Oct 2004
Posts: 870
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08-10-2005 14:24
For those interested in trying to address the trademark infringement issue in a positive way, I have made the following post to announce a project that I am going to begin immediately. I would love to get your feedback and comments.
/120/a4/57228/1.html Thank you, Persephone Milk |
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Jarod Godel
Utilitarian
Join date: 6 Nov 2003
Posts: 729
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08-10-2005 14:25
I don't see how the (C), (R) or (TM) could really be achieved on the use of a graphic itself. _____________________
"All designers in SL need to be aware of the fact that there are now quite simple methods of complete texture theft in SL that are impossible to stop..." - Cristiano Midnight
Ad aspera per intelligentem prohibitus. |
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Eboni Khan
Misanthrope
Join date: 17 Mar 2004
Posts: 2,133
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08-10-2005 14:44
People need to be reported? ATTN SECOND LIFE MEMBERS: BIG BROTHER IS WATCHING Neighbor spy on your neighbor...mother turn in your son...brother report your brother. Absent legal ownership, you lack legal standing to challenge the use of any trademark or copyrighted material. That means you are really only a self appointed arbiter of SL ethics and morality. What ego. Wow, so every time you see a crime being committed you turn the other way? Are you one of those people that "doesn't want to be involved" so you never call the police when a crime is being committed? Wow, you are a model citizen; do you speak at schools to the kiddies? People are glossing over a real and serious topic with bullshit straw man responses. People are stealing, all over the place, and quite possibly damaging brands and everyone is ignoring it. I'm not for flying around SL looking for people to report, but I do think that corporations should be made aware of how their brands are being butchered in SL for fun and profit by the unimaginative. Without members of the community standing up and policing themselves, LL may take more drastic measures or a corporation may take drastic measures. It is better to police yourself than let the heavy hand of authority take over. I guess it is going to take George Lucas or Nike trying to sue the hell out of LL or a member of SL for people to wake up. Yay, lawsuits! _____________________
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Foulcault Mechanique
Father Cheesemonkey
Join date: 28 Mar 2005
Posts: 557
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08-10-2005 15:51
ok if we as a community are going to be serious about this then I will make the first step towards reporting copyright/trademark violators in a large scale. I will contact a company and alert them to thier products being reproduced and sold here. The SL damage would be as follows if the company strictly enforces it.:
7-9 Private Sims affected. - 1 for direct reproduction of ALL the copyrighted works. - The rest for reproducing and selling of materials based on the copyrighted works. (these locations will most likly be completly removed) 2-3 sims worth of Main Sim land will be affected. -Clubs supporting such activities based on the copyrighted works. -Shops selling more items based of the copyrighted works. -Other gathering places that allow examples of copyrighted work to be done there. Roughly ten large groups will be affected and removed. Roughly 200 players will be affected directly. (Not sure of actual numbers but I feel this is conservative.) This also assumes that this company does not enforce any other rights for any other products they own other then the one or alert other companies they ahve deals with. If this occurs Additonal chucks of sims may be affected. What we need to do now is have someone contact the owners of Stra Trek, Star Wars, Marvel, and Final Fantasy. This will be just a test but this cause a good 25-50% of the game population to lose interest in SL. Next we will review the current games offered in SL to make sure they are not using copyright words. Who Will join me in this crusade! DISCLAIMER: I don't want to do this but the information is sound Expecialy the sim information about the group I would contact. If the Company did go full blown that many sims would be affected and I tried to use reasonable or conseravtive numbers for most of the posting. _____________________
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. |
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DNA Prototype
Mad Scientist
Join date: 8 Aug 2004
Posts: 179
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08-10-2005 16:05
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DNA DEMENTED CIRCUITRY LIGHTING AND DJ SUPPY
SL's finest speakers, DJ gear, lasers, killer club lighting & effects. |
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Schwanson Schlegel
SL's Tokin' Villain
Join date: 15 Nov 2003
Posts: 2,721
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08-10-2005 16:10
Wow, so every time you see a crime being committed you turn the other way? Are you one of those people that "doesn't want to be involved" so you never call the police when a crime is being committed? Wow, you are a model citizen; do you speak at schools to the kiddies? And you are calling Katykiwi's arguments a straw man? ![]() _____________________
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Eboni Khan
Misanthrope
Join date: 17 Mar 2004
Posts: 2,133
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08-10-2005 16:13
And you are calling Katykiwi's arguments a straw man? ![]() I have never claimed to be a saint. Just an antagonist that posts in forums for amusement. ![]() _____________________
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Mistress Midnight
pfft!!
Join date: 13 May 2003
Posts: 346
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08-10-2005 16:13
I have begun flying around the world and Abuse Reporting people who are specifically selling Trademarked items Wow nice guy! may want to read up on what is actually trademark infringement, and just to do our parts to lessen the load of abuse reports for the poor Lindens, you'll likely start finding yourself banned from a lot of places Happy Travels!_____________________
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Schwanson Schlegel
SL's Tokin' Villain
Join date: 15 Nov 2003
Posts: 2,721
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08-10-2005 16:14
I have never claimed to be a saint. Just an antagonist that posts in forums for amusement. ![]() ![]() _____________________
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Nolan Nash
Frischer Frosch
Join date: 15 May 2003
Posts: 7,141
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08-10-2005 16:31
The Rainbow Connection as sung by Kermit the Frog Why are there so many songs about rainbows And what's on the other side? Rainbows are visions, but only illusions, And rainbows have nothing to hide. So we've been told and some choose to believe it I know they're wrong, wait and see. Someday we'll find it, the rainbow connection, The lovers, the dreamers and me. Who said that every wish would be heard and answered When wished on the morning star? Somebody thought of that, and someone believed it, And look what it's done so far. What's so amazing that keeps us stargazing And what do we think we might see? Someday we'll find it, the rainbow connection, The lovers, the dreamers, and me. All of us under its spell, We know that it's probably magic... ...Have you been half asleep? And have you heard voices? I've heard them calling my name. ...Is this the sweet sound that calls the young sailors? The voice might be one and the same I've heard it too many times to ignore it It's something that I'm s'posed to be... Someday we'll find it, the rainbow connection, The lovers, the dreamers, and me. Laa, da daa dee da daa daa, La laa la la laa dee daa doo... I just ARed your post, and sent an email to Muppets Holding Company©, LLC. Your blatant theft of their copyrighted lyrics won't fly in these parts my friend! It's gotta start somewhere! ![]() _____________________
“Time's fun when you're having flies.” ~Kermit
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Catherine Cotton
Tis Elfin
Join date: 2 Apr 2003
Posts: 3,001
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08-10-2005 16:38
Wow nice guy! may want to read up on what is actually trademark infringement, and just to do our parts to lessen the load of abuse reports for the poor Lindens, you'll likely start finding yourself banned from a lot of places Happy Travels!Agreed Mistress. _____________________
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Jake Reitveld
Emperor of Second Life
Join date: 9 Mar 2005
Posts: 2,690
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08-10-2005 16:58
Did anyone consider, in all this talk of enforcing trademarks, that maybe, just maybe people might actually get a license or other permission to use the TM holder's IP in SL. Does the randome abuse report consider this fact?
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ALCHEMY -clothes for men.
Lebeda 208,209 |
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Foulcault Mechanique
Father Cheesemonkey
Join date: 28 Mar 2005
Posts: 557
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08-10-2005 17:12
I just ARed your post, and sent an email to Muppets Holding Company©, LLC. Your blatant theft of their copyrighted lyrics won't fly in these parts my friend! It's gotta start somewhere! ![]() Oh I forgot about that. All the illegal violations of music streams in SL. That'll kill 90% of the land owners. _____________________
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. |
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Frans Charming
You only need one Frans
Join date: 28 Jan 2005
Posts: 1,847
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08-10-2005 17:16
Did anyone consider, in all this talk of enforcing trademarks, that maybe, just maybe people might actually get a license or other permission to use the TM holder's IP in SL. Does the randome abuse report consider this fact? A AR does not mean that something will be taken down. Its just a message that LL can act upon or not. LL often says that when you have a license or if a company wants to sell their products in sl, that they should contact LL about it. I assume they keep some sort of record about it. When they get AR'ed, LL would know within minutes if there is a cause for action or not. _____________________
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Euterpe Roo
The millionth monkey
Join date: 24 Jan 2005
Posts: 1,395
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08-10-2005 17:18
LEAVE Chinatown alone! *clutches fake Todd's Purse* OR ![]() People are glossing over a real and serious topic with bullshit straw man responses. People are stealing, all over the place, and quite possibly damaging brands and everyone is ignoring it. I'm not for flying around SL looking for people to report, but I do think that corporations should be made aware of how their brands are being butchered in SL for fun and profit by the unimaginative. Without members of the community standing up and policing themselves, LL may take more drastic measures or a corporation may take drastic measures. It is better to police yourself than let the heavy hand of authority take over. I guess it is going to take George Lucas or Nike trying to sue the hell out of LL or a member of SL for people to wake up. Yay, lawsuits! I am picking on Eboni just a bit. Sorry. But I think her statements bring forth a very interesting point.Just to play devil's advocate for a moment, has anyone considered anything beyond lawsuits and/or corporate interests? Consider, for a moment, all of the humanitarian good Nike is doing in Indonesia. Your favorite sweatshirt sporting your alma mater's logo was pieced by a sweatshop worker making a great deal less than a living wage. I can't even talk about Starbucks. My point? Corporations own trademarks. Those corporations named in this thread and in others are not on the verge of bankruptcy--in fact, they can and they will do almost anything to maintain cashflow. Those trademarks held by small business and individuals fall, for me, into a different class (Iam being inconsistent, I know)--they are the 'innovators' that we all respect and admire. I am not trying to justify the breaking of laws, and I am, certainly, not advocating a swarm of godly rightousness. Perhaps this argument would not be so vitriolic if we paused to consider that there is no easily identifiable dichotomy between 'good guys' and 'bad guys.' Perhaps this will be helpful: http://www.revbilly.com/campaigns/index.php I am going to slink away now. ![]() _____________________
"Of course, you'd also have to mention . . . furries, Sith Lords, cyberpunks, glowing balls of gaseous neon fumes, and walking foodstuffs" --Cory Edo
“One man developed a romantic attachment to a tractor, even giving it a name and writing poetry in its honor." MSN " next week: the .5m torus of "I ate a yummy sandwich and I'm sleepy now" " Desmond Shang |
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Jake Reitveld
Emperor of Second Life
Join date: 9 Mar 2005
Posts: 2,690
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08-10-2005 17:26
Trademark vigilantes. Interesting concept. I take it some of you are IP lawyers with extensive experience in Trademark enforcement?
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ALCHEMY -clothes for men.
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Foulcault Mechanique
Father Cheesemonkey
Join date: 28 Mar 2005
Posts: 557
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08-10-2005 17:28
I am picking on Eboni just a bit. Sorry. But I think her statements bring forth a very interesting point.Just to play devil's advocate for a moment, has anyone considered anything beyond lawsuits and/or corporate interests? Consider, for a moment, all of the humanitarian good Nike is doing in Indonesia. Your favorite sweatshirt sporting your alma mater's logo was pieced by a sweatshop worker making a great deal less than a living wage. I can't even talk about Starbucks. Personally I have thought about it. What I am curious about is why both sides just can't come to the middle abit. You want to rip off a company, writer, etc fine then do it. When a Linden comes to you and asks you to stop then stop and ask them how you can keep your current designs but not break the law. If someone else comes to you have them have the owner of the TM or C contact you at your email address or have them submit a request to Linden Labs. I hear little talk, less action, and alot of wine from both sides.......anyone got some cheese? _____________________
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. |
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Nolan Nash
Frischer Frosch
Join date: 15 May 2003
Posts: 7,141
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08-10-2005 17:52
Oh I forgot about that. All the illegal violations of music streams in SL. That'll kill 90% of the land owners. Hmm, don't most just stream URLs from internet radio stations? _____________________
“Time's fun when you're having flies.” ~Kermit
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Mistress Midnight
pfft!!
Join date: 13 May 2003
Posts: 346
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08-10-2005 18:10
What part of "I'm helping to pretect (sic) our Second Life popultion against lawsuits" did I not make clear? I have no love for Trademarks, or Copyrights, but I am concerned, very concerned about the Grokster vs. Brand-X outcome, and how "inducer" could apply to Linden Lab if they are ever found with people selling Disney stuff. Jarod, this isn't your battle, it is NOT your place to report other people for this violation, it's theirs. Budweiser has the right to search the whole of SL for their logo and have it removed.. you doing it just makes you whiny. "but Mommm, if I can't infringe on copyright Bobby can't either!!!" _____________________
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Siggy Romulus
DILLIGAF
Join date: 22 Sep 2003
Posts: 5,711
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08-10-2005 18:21
Personally I have thought about it. What I am curious about is why both sides just can't come to the middle abit. I can answer that one ![]() Piss + Wheeties = ????? _____________________
The Second Life forums are living proof as to why it's illegal for people to have sex with farm animals.
I, for one, am highly un-helped by this thread |
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Cocoanut Koala
Coco's Cottages
Join date: 7 Feb 2005
Posts: 7,903
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08-10-2005 18:36
On the other hand, a VW Beetle is very geometric and very distinctive. I could see a judge ruling that one of those in SL could violate a trademark on shape alone. This doesn't seem quite right. There are all kinds of toy cars with that shape, all over the place. (irl) coco P.S. I wouldn't call it being a vigilante. Vigilantes take the law into their own hands. I think it would more accurately be called being a snitch. |
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Csven Concord
*
Join date: 19 Mar 2005
Posts: 1,015
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08-10-2005 18:45
Consider, for a moment, all of the humanitarian good Nike is doing in Indonesia. Your favorite sweatshirt sporting your alma mater's logo was pieced by a sweatshop worker making a great deal less than a living wage. Please be aware that Nike's record is not frozen in time. You might wish to verify Nike's current overseas activities before insinuating that they are doing something immoral or unethical. |
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Nolan Nash
Frischer Frosch
Join date: 15 May 2003
Posts: 7,141
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08-10-2005 18:48
This doesn't seem quite right. There are all kinds of toy cars with that shape, all over the place. (irl) coco P.S. I wouldn't call it being a vigilante. Vigilantes take the law into their own hands. I think it would more accurately be called being a snitch. They probably have to license that. _____________________
“Time's fun when you're having flies.” ~Kermit
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