Second Life Griefbuild Digest

Here's what I think is the offensive image: http://flickr.com/photos/rikomatic/2200733294

See it while it's still available!

Wow. Just....wow. Flickr sure has some strange policies (Just ask any person with a German Yahoo account, they CAN'T see pics flagged mature, EVER. Thank goodness my account is so old it existed when it was still Geocities...)

Even if this were copyrighted material rather than trademark, there's still a good chance the Flickr photos are allowed.

From Stanford University's Copyright and Fair Use site at http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html.

"Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist's work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work."

It seems to me that these photos definitely would count as commentary if not criticism in the meaning it's being used here.

On the other hand, the site goes on to say: "The only guidance is provided by a set of fair use factors outlined in the copyright law. These factors are weighed in each case to determine whether a use qualifies as a fair use. For example, one important factor is whether your use will deprive the copyright owner of income. "

Ah, welll, we must be grateful it is a trademark issue after all.

Keep fighting, Miss Malaprop! You are an inspiration to those of us who care about beauty...and free speech.

Anya Daligdig

that picture of the dragon has been stolen from google images. i'v seen it befor while finding wallpaper for my old computer. pretty sure it's a company logo.

-Crunch

What would happen if someone took a snapshot of one of Cytherea Eagle's ads, then stick it on a prim and make it rotate somewhere above his or her's land? Would Cytherea complain about copyright infringements?

*edit* purely hypothetical, of course

Just google pics - backtrack , its a old wallpaper from linux.

That's pretty amazing she got them taken down, especially considering that it was "free advertising."

Educate before you communicate:
http://www.copyright.gov/circs/circ1.html#wci

Above is a link to what a copyright is. None of which is what was photographed was any artistically copyrighted material. Unless, of course, the eagle which was mentioned as a previous Linux desktop - anyone want to inform that company of her copyright infringement??? I'll be happy to if someone provides me with the back-up for it.

Perhaps you meant a trademarked logo, which another educated poster happened to mention?

whats the point in making me register?

You didn't get the free t-shirt?

It's disconcerting that American Indian Movement insignia are being used to justify and promote an adfarming operation. It's rather like seeing the UNICEF insignia over a brothel.

There is, of course, the Trademark matter (see http://aimblog2.blogspot.com/) and its legal implications for those who misuse those Marks. AIM trademarks have been widely abused especially in the western US by non-members and members alike, to the point where the appearance of "AIM" is enough to raise suspicion. Whatever one may think about AIM, its objectives and methods, it's really not fair to that organization that its name and face are now forever contaminated in our minds by these greedy and deceitful practices.

It's little wonder that one who is so publicly fouling these AIM trademarks in-world should be concerned that witness to that offense is posted outside SL, in an easily searched blog. It would be a strong motivation to see that the evidence is removed, one way or another.

Cytherea,

Since you claimed to have your logos "copyrighted," I thought it was only prudent that the company that developed the artwork for the logo you are currently using, and has trademarked, and is recognized and widely used, was aware of your alleged violated rights. I took the liberty this morning of sending them a photograph of your logo, to forward to their legal department for handling, along with your name and the name of your company within Second Life. In addition, I forwarded a copy of my correspondence to Linden Labs, to also inform them of your particular trademark infringement of art being used in your logo.

I trust you contacted Remote Exploit prior to using their artwork in your copyrighted "work?"

/me jumps up and down and cheers. Yay, Lelia!

Woo-hoo! Good job. Lyin' souless ad farm poo-makers--you're goin' down!!

thats great, that sounds like exactly what this thread and the site was trying to acomplish

Lelia PWNS.

/me buys Lelia her beverage of choice.

I may be a bit of a noob around these parts, but I know a garden variety spammer when I see one. I've been around the Internet long enough to have seen the days of Ye Olde Green Card Spam (http://en.wikipedia.org/wiki/Canter_%26_Siegel).

The medium may change (e-mail, USENET, SL) but the spammers' attitudes seem to be constant. Such as "I expect *you* to follow the rules, but they don't apply to *me*."

The extortion angle that is seen in some cases is admittedly unique to SL, but it comes down to the same thing - maximize profits, rules and ettiquette be damned.

It warms my heart to see people take a stand against this type of behavior...

Oh, some quite excellent detective work here! If anyone wishes any advice on the matter of filing DMCA notices and counter-notices, believe me, I have done enough reading on the matter recently to drive anyone potty.

In any case, I have filed a counter-notice to Flickr/Yahoo on the matter - after having to drag the details out of them, which, it should be noted, invalidates their "safe harbour status" under section 512(g) of the DMCA, as they have clearly not taken any steps to inform me at all - and am waiting to see what happens.

You know, I am a bit concerned that I might be seriously legally damaged in this case, given that it involves clear fair use of a copyrighted logo that wasn't actually the person's to copyright in the first place, in another country! I think perhaps I need some more safeguards.

(Just to emphasise the point that the last paragraph involved Sarcasm.)

Wait, you mean you're sarcastic sometimes?

ownage is a wonderful thing.....

congrats Lelia

Copyright law, stops others from using the registered work(s) as a promotion, or for other unauthorized uses.

It does NOT cover beeing seen in a public place, nor being photographed in a public place.

What would Shell, Esso (Exxon in the US) or even MacDonalds do if they saw their logo in a photo?

Does MacDonald sue people for using their name when people complain about junk food? Its a copyrighted trade mark and they have the money to back up any complaints.

No, they just whinge ate the content of the complaint -because thats all they can do legally.

When Exxon poured tar over the alsakian seashore -di they sue the BBC & CNN for showing their trademark on the news?

Same - same,
now stop being silly, ohhhh and take down those nasty tacky adverts and try learning about tasteful discete advertising.

For those people (like me) who really need to SEE pictures...

Cytheria's "logo" is essentially some text and a little globe or something, slapped on top of this well known wallpaper image.

Here's a currently working link to an image of said "Logo"
http://flickr.com/photos/rikomatic/2200733294

The base image (or should I say "debased image" is freely available for download off the web, and (I gather) was included in the distribution of "BackTrack" (v3?).. a -erm- Linuxy thingy. Some kind of software suite for Linux, revolving around something they call "Penetration Testing" (whatever that means).

Anywayz, here's the wallpaper s/he 'lifted' to use in the logo:


http://www.uploadthis.co.uk/uploads/corncobman/YinYangDragon.jpg

It's a nice pic, for sure...

But it's reaaaaaally not the property of "BTE Global" or "AdTech" or whatever business name s/he claims.



Here's the homepage for BackTrack:
http://www.remote-exploit.org/backtrack.html

Oh man...oooooh man. All I can say is...LOL!!!!

I HATE adcutters. Thank you so much for being...right? Haha. No really <3

Metasatire: