Playboyz Copyright Infringement

Hello all,

I would like to publicly address a post that I made at:
/invalid_link.html

as well as the response by Cal Alexander made at:
/invalid_link.html

First let me apologize for any harsh words that may have ruffled anyone’s feathers, I was merely stating the truth and made the statements based on factual information that I poses.

However, I only came across the structure by exploring and have nothing against Cal Alexander and barely exchanged 2 words with him while there (not even sure if we said hello). So I am not sure how I would be "harrassing" anyone. Is it harrassment to inform the Linden's of unacceptable content?

I would like to remind you that there may be some who play SL who hold a financial, business, or investment interest in the business that is being represented (or misrepresented) and that if you do not hold permission from the company itself to recreate their brand, it is wrong whether "many people" like it or not.

Finally, let me say that I am not mean, jealous, nor am I petty. I would love to see something “original” for everyone to enjoy. I feel that blatantly using someone else’s idea to generate fame, fortune, or otherwise reap benefit is unacceptable.

edited title of thread: Changed Title from 'Copyright to 'Trademark' Infringement

Then you're going to have a helluva busy time playing content cop here. Have fun with that.

I do not intend to play "content cop" I just happened to notice it and as I stated, you never know who holds an interest. LOL

Good that there's this thing called "standing" which says if they aren't directly harming you by what you imagine to be "infringement" then no one need care.

There are a lot of real injustices on this earth; devote your efforts to one of them.

It seems a bit odd to me to be so concerned about the trademark of a company with which you appear to have nothing to do, certainly in the face of all the other IP breaches that happen in SL, many of which cause harm or at least annoyance to real people. What made you pick this particular instance?

Does that mean it shouldn't be done?

If you find it rewarding, sure. Masturbation or excessive hand washing are pleasing to various people; I recommend the former over the latter.

No, it means I think it's unenforceable without being grossly unfair, and will come down to people using the system for personal vendettas like they do AR's to fuck over someone they don't like.

So you pick on one person and the Linden comes and removes or threatens to remove all your copyright content. Will he also do the same with the 10 other violators within his view distance? Or the next place he tp's to? Like hell he will.

So the Lindens turn a blind eye to it unless it's reported. And then act upon someone's probable personal issue with the 'offender'. That stinks.

And since you can't exactly enforce it without being totally hypocritical or just about a complete grid wipe and start over, I don't think they should bother until someone with a legitimate claim (like, say, Playboy, in this instance) actually issue a takedown notice.

After all, if we want anything at all done about infringement ourselves, we are waved away and told to file a DMCA breach.

People will still persist. I've known people with such hate for another creator that they've actually contacted the company in question and arranged to bring them inworld and show them the violation. If you're that dedicated, I guess go for it.

But in general, I wish people would just mind their own fucking business. If it IS your business, then by all means, it's your right to bitch.

As I stated, you never know who in SL might hold an interest in copyrighted content or might have a spouse, relative or friend that does. I did not "pick" anyone or anything, I merely asked the Lindens a question in regards to the content becuase I was unclear. Unfortunatley, since that is the only copyrighted content that I had seen at that point, that was used as my example.

Furthermore, I think we could all agree that a good rule of thumb in any case would be to NOT USE COPYRIGHTED CONTENT. Then you wouldn't be open to scrutiny in the first place. Isn't SL all about "user created content"? Well then CREATE your OWN content!

it can be dont but people normaly say extra action that add to expenses is a hard job to do becuase there are soo manny sims to begin with, the sl team just says use an abuse report on every thing which would work if people went along with it

but

people dont like to be tattletells on others so as long as its a society norm expect the the lindens to work at a slower pace on this issue.

As an art student in real life and wince a little every time I see artwork I recognize from a web comic, independent artist, comic, etc, and perhaps a little less when I see Disney or another big name company's work used.

I used to worry about it. I know it might seem silly, but it just annoys me to see someone selling the works of an artist who most likely will never hear of SL, and therefore never defend themselves.

On the other hand I've seen beautiful builds and items that are re created from someone else's artwork. While the idea may not have been theirs to begin with the recreation might be considered something akin to fan art, and some are even considerate enough to not sell this work.

After a while I realized no one seems to care about it, and as I'm certainly not a loud or confident person I just keep telling myself "Er, well maybe that web comic artist gave them permission... or maybe he's a licensed [Insert big name here] retailer..."

As I had worried, showing concern over something you don't directly own or can speak for seems to anger or annoy people more than anything. Kind of sad.

*I should note that I'm saying that it's the blatent stealing of art (not the redrawing of it, not creating something similar, etc) that fills me with conflict.*

In truth, this is about morality, which SL seems to be devoid of, which is also a reflection of RL.

Too many go along with the the program "because everyone else is doing it".

Does that make it right? Nope.

Find something that is your own and go for it. This is your second life, make the most of it, don't steal from rl.

It does worry me... companies do aggressively protect their trademarks, that's the way the law works. If a trademark is grossly infringed upon, and the owner does not protect it, they can actually lose that trademark. I've played one MMO where a legal battle went on for a bit... it seems to me that LL is opening itself to the possibility of dozens of litigations, if it doesn't try to discourage trademark infringement. I mean, if someone is selling a product, even a virtual one, that has Coke or Marlboro or Intel logos on it, without the permission of said companies, there are legions of corporate attorneys paid to do nothing but stomp them into the dirt. And Linden Labs is a much bigger target than any individual user (with the possible exception of Anshe Chung ). So... while you're making five cents profit off your digital reproduction of an Aibo or Volkswagen or iPod, you're also making it more likely that Second Life will be sued into extinction.

I can already see some counterarguments, including 'LL doesn't endorse, and in fact condemns, trademark infringement, but cannot police the activities off all users at all times'. True of course, but if a corporate entity gets pissed enough it won't cut any ice with them, and litigation will ensue. And does anyone seriously think that, say, Coca-Cola or Microsoft would have any difficulty squishing Linden Labs?

In my opinion... and I'm far from an expert here... Linden Labs isn't already being served simply because they're small, and the infringements are happening under the collective corporate radar, so to speak. As SL grows, LL is going to get slammed for it, hard, and the only way they'll be able to squeak out of it is by promising, and carrying out, a program of eliminating such infringement. And that's only if they survive the first round of court battles... everyone posting here does realize that the law is being broken, and that any major corporation, much less the multinationals that I've listed, could casually destroy Linden Labs over such a thing, right? Laissez-faire is one thing, the 'eh, I don't give a damn' attitude I'm seeing is quite another.

There's not a lot we can do to keep it from happening frankly.
I'm not that surprised at the general lack of interest.

Trademarked Material
"All Lindens are required to remove all content utlizing trademarked materials, with or without notice. "
"Any resident may file an abuse report if they see any other resident violating trademarked material usage on in-world content in SL.Any resident may file an abuse report if they see any other resident violating trademarked material usage on in-world content in SL."

This means registered trademarks should be taken down when an abuse report is filed?
http://tess2.uspto.gov/bin/gate.exe?f=search&state=i92lcv.1.1

Copyrighted Material
"Lindens will not remove copyrighted material upon seeing the items in-world unless the owner of the copyrighted material notifies Linden Lab per the DMCA protocols noted on our website. If the material is proved to be copyrighted, Linden Lab can and will remove the violating materials in-world and the concerned residents will be notified."

This means that unless you've got the money to fork out, your work is free game?
If you are an artist who finds out your work is being stolen, you need the help of someone who has an account, or have to aquire an account yourself to file a complaint?

I think it essentially means they're in more danger of being sued, if they ignore a trademark. A friend pointed out to me just a few minutes ago that I had my terminology mixed up; copyright and trademark law are dissimilar. Trademarks are the ones that their owners have to defend, and therefore trademarks are the ones that people/corporate entities will sue over.

Yes, Trademarks are registered. Copyrights technically belong to whoever makes the work, but can also be registered.

The legal trouble will come from trademarks like Playboy, but Linden protects what they call "parody", so that "Playboyz" and other such SL companies are allowed by Linden rules.

I wonder if something not designed as satire (as parody is defined to be), but rather as marketing would hold up against US law?
Then again, there doesn't seem to be a trademark on "Playboyz", is it then fair game? Can Playboy patent the idea of a girly-mag with the word play in it? Should the SL company Playboyz jump on the available trademark now and register it?

=) SL is new ground in the world of trademark and copyright.

The problem is not with that of the name "Playboyz", but with them using the PLAYBOY LOGO and possibly having "Playmates" and posters of Playmates and the Bunny Costume, etc ...all of which are trademarked. No one is arguing the name "Playboyz".

At the same time, it would be wrong for me to open a "DizneyWorld" and have Mickey Mouse, and Donald Duck running around in there and have a Space Mountain in a Magic Kingdom. These are trademarks of WALT DISNEY PRODUCTIONS CORPORATION.

However, if you do a search in the trademark database, you will find that Playboy has had no problem trade marking numerous items, several of which are being infringed upon in the "Playboyz Mansion". So just because you put a "Z" on the end, does not entitle you to use other Trademarked items.

Just because I open a McDonnies does not give me the right to sell a Big Mac or a McChicken Sandwich.

Why can't they create their own logo and come up with their own girly nickname instead of "Playmate"? (I have a few really good ideas that might help them build a really neat brand in SL, but will keep it to myself for now). There are many other options available if one uses their own brain and not someone else's brain.

LOL

They probably should try and trademark the name "Playboyz" and make their address public on the USPTO website so that Playboy Enterprises, Inc. can easily find them...that is if it is accepted by the USPTO.

However, they won't be able to register that Playboy bunny head logo with it, or the Playmates that they have or the Bunny Outfits, or Playmate of the Year.... heck even Hugh's name is Trademarked!

Well, if you do have an interest, or have a spouse, relative or friend who does, I suggest you contact Linden Labs or have Playboy's lawyers do so to say "this is our trademark, enforce it", rather than post about it on the forums.

Personally I think copyright and trademark legislation is an absolute mess and am not ever going to absolutely say "do not use this because it's illegal under copyright legislation", except on a "be warned" basis. We live in a world where Coke can demand royalties if you have a Coke sign in the background of a film. The day when we have Disney lawyers wandering around SL looking at mice to see if they look enough like Mickey to warrant a lawsuit... well, that would be an occasion when push guns would have a legitimate use.

I think appropriating the Playboy logo wholesale is both lazy and unwise, but I've not seen the actual examples so I can't comment specifically. If there was an obvious intent to imitate the company then that's just fraud, but using it on a parodic or associative basis... I'm not sympathetic to companies that try as hard as they can to implant imagery into the mass societal consciousness and then get snippy when they succeed and it comes back out again.

Would you call recreating the Playboy Mansion, using the Playboy Logo, possible Playboy magazine images, bunny costumes, Playmates and Grotto an obvious attempt to imitate the company?

The only thing different is the "Z" at the end the "Playboy"

I should have used the word "impersonate", i.e. pretend that Playboyz is an outpost of Playboy in SL. Imitation isn't the same.

Tell you what, I'll go and have a look for myself.

Well, I can't even find the "Playboyz Mansion" - the teleport location from Find doesn't seem to take me anywhere near anything looking like that - so unless I'm being daft, they're not terribly effective copyright breachers.

As well as that, creating a replica of a real world building is not pretending that you're an actual part of the company that owns it. If I built a London Eye in my garden that wouldn't mean I was pretending to be British Airways. It does sound like they're quite deliberately playing on the Playboy brand, which I think is a boring and unimaginative thing to do, but I can't see so far that they're actually claiming to be the same company.

Who said that they were? Using someone else's trademark (in this case trademark's') is illegal and wrong whether you are claiming to be them or not. Period. What part don't you understand (the illegal or wrong)?

By the way, I think the teleport puts you in the back of the mansion and not even on the property for some reason. You have to walk around to see it in all it's "Majesty".

LOL

I definitley started this thread to clarify my position. I think I will let Playboy Enterprises, Inc. take it from this point forward.

Crystal, you are correct. And there's nothing wrong with taking issue with RL trademarks being appropriated and used inside SL. It doesn't matter if your grocer works for Playboy; it's illegal. And as importantly, it skews the SL market by providing unfair advantage to those who are competing against others using their own SL mark/logo/brand.

The build of the mansion is likely not trademarked. The bunny costume might be. Trademarks and brands (and design patents) can protect these kinds of physical manifestations of the company's image and reputation. I'm not sure, but I think I recall the costume being a legal issue many years ago. As for the copyrighted images that have been scanned, LL tends not to bother afaik as they can abide by the DMCA without being required to take action.

There's a VERY long thread in General on Trademark. You might find it interesting. And should you decide to contact Playboy and inform them of this transgression, know that at least I and some others will take no issue with your actions. Just as many of us wait until LL takes definitive action against grid crashers to set precedent so that SL will be more free from that activity, some also wait for the inevitable 500lb gorilla to take (legal) issue with the "innocent" use of their trademark in SL. Better sooner than later, imo.