What we know:
- the Second Life group who have been holding recreated U2 concerts have tried to get in touch with the band's management
- until they do, it isn't clear that the band would be unhappy with the concerts, which are meant to be in homage to the band and its charitable efforts
- there is no evidence that the concerts have been held as money-making events, or that they might not fall under the fair use provision of the copyright laws
In the absence of better information, we've asked the group to make it very clear that they are not U2, that the names U2 and Bono are registered trademarks and they intend no infringement, in a way very similar to the way we ask people using the Second Life trademark to acknowledge our ownership of the mark.
If U2 or its management contacts either the SL group or Linden Lab and feels that the avatars or the events violate their trademark registration or their copyrights, we will immediately remove the avatars and content related to the band.
- the Second Life group who have been holding recreated U2 concerts have tried to get in touch with the band's management
- until they do, it isn't clear that the band would be unhappy with the concerts, which are meant to be in homage to the band and its charitable efforts
- there is no evidence that the concerts have been held as money-making events, or that they might not fall under the fair use provision of the copyright laws
In the absence of better information, we've asked the group to make it very clear that they are not U2, that the names U2 and Bono are registered trademarks and they intend no infringement, in a way very similar to the way we ask people using the Second Life trademark to acknowledge our ownership of the mark.
If U2 or its management contacts either the SL group or Linden Lab and feels that the avatars or the events violate their trademark registration or their copyrights, we will immediately remove the avatars and content related to the band.
Interesting to hear that Linden Lab has confirmed that this group has, without doubt, attempted to contact the band's management in regards to this use of their trademark, reputation, and music.
However, your answer didn't really address the section of the ToS about which I was asking since this is primarily a trademark issue and not a DMCA issue - which is how you're now apparently treating this by suggesting the burden is on U2 or it's management. Given the above answer, residents can only assume that the ToS is not enforced in this regard and that they can, in fact, set up accounts which intentionally use the reputation of a real person. Linden Lab then has the option to pass judgement over that trademark infringement as they see fit.
Now, as I've also attempted to contact real life trademark owners, I assume the same applies to me. Can you please inform me what constitutes sufficient documentation such that I can prove that I've made similar attempts? I've asked a similar question before if you recall, however the answer I received via private email assumed that a legal agreement had been reached between myself and the other party. This is of course very different.
Furthermore, by this answer, I can only conclude that I now have Linden Lab's permission to:
a) recreate virtual representations of real products and label them in a manner that makes an obvious association with someone else's trademark ("Disney in SL" for example)
b) use those objects as part of some event which, by itself, wouldn't clearly make Disney unhappy ... even if this causes other SL-based businesses difficulty by competing with their SL "original" events
c) use those objects in a way which leaves question as to how I might - beyond doubt - benefit ... like give those virtual representations away for free at my store where I would sell similar objects just branded differently.
If I'm mistaken, please advise me on just how far Linden's authority goes in this matter. To be honest, I didn't know LL had any authority until now. And this certainly appears to conflict with previous comments regarding how Linden Lab would deal with trademark infringement.