Welcome to the Second Life Forums Archive

These forums are CLOSED. Please visit the new forums HERE

RE: * Trademark and Copyright Info (rev. 10 April 2006)
Strife Onizuka
Moonchild
Join date: 3 Mar 2004
Posts: 5,887
04-26-2006 06:56
* Trademark and Copyright Info (rev. 10 April 2006)

From: someone
Linden staff are required to remove all content utilizing trademarked materials, with or without giving notice to the object owner. This includes all RL corporate logos and brand names.


LL employees need to be trained how to recognize trademark infringment and when it is not trademark infringment.

This policy is more extreem then what is writen and understood of Trademark Law.

A good way to understand this, is to look at the Apple symbol. The Apple logo is owned by Apple Records (think Beatles). Apple Records has successfuly defended their trademarked logo from the ever present incursion of Apple Computers for twenty years (Apple Records has successfuly sued them before). The agreement they reached in the 80's said that Apple Comp couldn't sell music (which they are now with iTunes, so Apple Records has taken them to court for trademark infringment, and will likely win, again). Then thier is the Apple Car Group, which also use an Apple logo, but they haven't been sued, because they are in a different feild from Apple Records.

Trademark law allows for the same Trademarks to exist as long as they are in different commercial sectors. Both Apple Car Group and Apple Records can have thier Apple logo's trademarked and there be no conflict.

Likewise, if I start a business of selling appliances, and name my company Nike Appliances, there is no overlap with Nike Corps trademarks. If this corp were in SL there would be no infringment of trademarks and no reason for the removal of the appliances wares.

If LL wants SL to be a successful platform, the law has to be accurately represented.

I cannot imagine better PR then LL representing thier citizens in court in a TrademarkOwner vs. SLResident, where the Residents identity was kept secret till the case was lost (TrademarkOwner vs. Doe).
_____________________
Truth is a river that is always splitting up into arms that reunite. Islanded between the arms, the inhabitants argue for a lifetime as to which is the main river.
- Cyril Connolly

Without the political will to find common ground, the continual friction of tactic and counter tactic, only creates suspicion and hatred and vengeance, and perpetuates the cycle of violence.
- James Nachtwey
Torley Linden
Enlightenment!
Join date: 15 Sep 2004
Posts: 16,530
04-26-2006 18:05
Thanx for the ideas, Strife--the reality depends on the specifics of each case, as so much that seems simple at first falls into dispute, but no doubt, issues like this will become increasingly relevant as SL grows, so it's good if we get a latch on the basics and dispel any confusion (e.g. some thinking "copyright = trademark) at the root.
_____________________