Genericed character in 5 . . . 4 . . . 3 . . . 2 .
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Whoever said that Land of the Lost isn't a copyright infringement because its a name or words just shud up. So if i were to start a pizza joint called pizza hut BUT didn't server pan pizza, didn't have a red roof, didn't look like a hut then there is nothing that could be done, PLEASE!!
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"Land of the Lost" is a trademark which mean that it cant be used unless permission is granted. Google was recently sued because the OS they use for their mobile phones is called Android which could have lead to confusion with the registered trademark Android Data.
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Someone should have told Sid & Marty Krofft that they couldn't use "Land of the Lost"
Use of that title goes back as far as 1944.
But please, don't let facts get in the way of your uninformed rant.
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Not to mention any lawsuit about copyright infringement over "Land of the Lost" would be thrown out and the person bringing the case might get slapped with a fine for frivolous lawsuit. Copyright can only apply to an "entire work" and the neighborhood in this game is nothing like the Tv show or movie.
Trademark? You would have to prove how it might dillute their branding - and this is a super-hero game, not a sci-fi show.
Orc&Pie No.53230 There is an orc, and somehow, he got a pie. And you are hungry.
www.repeat-offenders.net
Negaduck: I see you found the crumb. I knew you'd never notice the huge flag.
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Obviously, mommy and daddy never explained to you the concept of COMMUNITY and how people should look out for each other. Copyright Infringement hurts the GAME and the COMMUNITY.
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Even in the analog community there are citizens who disagree with a given law, whether they consider it unjust or for some other reason, and who do not support it or act cooperatively to enforce it.
They too are often exposed to the specious argument that breaking such a law harms the community, in an attempt to guilt trip them into compliance.
The bald statement that violations harm the community does not prove it (insofar as such a statement can be proven).
But go ahead and condescend to those who do not share your point of view, as it is a proven means of winning them over to your position.
My scrapper doesn't need an AoE. She IS an AoE.
I just look at it as "Violations have the potential of harming the community."
Obviously there are a significant number of people who are blind to that, or just flat-out disagree.
Other people's opinions aren't my problem, I'm only concerned with my own as far as determining my actions is concerned.
Originally Posted by Dechs Kaison See, it's gems like these that make me check Claws' post history every once in a while to make sure I haven't missed anything good lately. |
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I suspect blissful lack of awareness of the rules (EULA comes up, click OK, play game) is the root issue here. The character is not a clone, hommage, or adaptation, but simply The Vision, created in CoH, right down to the Marvel Universe bio.
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Thanks for bringing this up BBhumeBB. As everyone can see I left out certain vital pieces of information that would let people draw conclusions about the player, like Vet Rewards.
I also knew that this is an old hot button that will get emphatic responses from both sides.
I chose to reopen this topic because this character was a perfect example of copyright/trademark violation, and because with the release of I14 we have many new players that are most likely unaware of the EULA.
So with that explanation I want to thank every one who has participated so far in this thread, as well as extend that thanks to every one that decides to continue this discussion.
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I suspect blissful lack of awareness of the rules (EULA comes up, click OK, play game) is the root issue here. The character is not a clone, hommage, or adaptation, but simply The Vision, created in CoH, right down to the Marvel Universe bio.
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Thanks for bringing this up BBhumeBB. As everyone can see I left out certain vital pieces of information that would let people draw conclusions about the player, like Vet Rewards.
I also knew that this is an old hot button that will get emphatic responses from both sides.
I chose to reopen this topic because this character was a perfect example of copyright/trademark violation, and because with the release of I14 we have many new players that are most likely unaware of the EULA.
So with that explanation I want to thank every one who has participated so far in this thread, as well as extend that thanks to every one that decides to continue this discussion.
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Pie!
What? I was continuing the discussion, leave me alone!
Let me never fall into the vulgar mistake of dreaming that I am persecuted whenever I am contradicted.
~Ralph Waldo Emerson
"I was just the one with the most unsolicited sombrero." - Traegus
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So shiny and after he/she typed in all that bio information too.
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You seem to have forgotten people can copy/paste now Taking the word "ripoff" to a whole new level. I googled for half the first sentence in quotation and found the entire passage nearly verbatim.
"Null is as much an argument "for removing the cottage rule" as the moon being round is for buying tennis shoes." -Memphis Bill
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So shiny and after he/she typed in all that bio information too.
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You seem to have forgotten people can copy/paste now Taking the word "ripoff" to a whole new level. I googled for half the first sentence in quotation and found the entire passage nearly verbatim.
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LOL, I didn't even notice that it's a direct copy from the wiki!
Global @StarGeek
ParagonWiki.com-The original is still the best!
My Hero Merit rolls
Accuracy needed for 95% ToHit spreadsheet
Forum font change stripper for Firefox/Opera/Chrome. No more dealing with poor color choices, weird fonts or microscopic text
Search Wiki Patch notes, add site:ParagonWiki.com inurl:patch_notes to your Google Search
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Pizza Hut Federal Trademark search
75 results.
Taking one example, note how its the specific design that is the trademark. the combination of a logo, and the words written in a particular way. A second one shows much the same thing.
Both of those included the disclaimer "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PIZZA" APART FROM THE MARK AS SHOWN"
Go back to #74 and #75 on that list, which are the oldest regsitrations. They are both 'typed drawings' not claims to text.
In fact in a quick review of all those 75, "Pizza Hut" as pure text is not claimed as a trademark that I could see.
Intellectual property laws are probably some of the most misunderstood laws around.
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>_>
Whoops...
Editing my original post.
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So shiny and after he/she typed in all that bio information too.
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You seem to have forgotten people can copy/paste now Taking the word "ripoff" to a whole new level. I googled for half the first sentence in quotation and found the entire passage nearly verbatim.
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LOL, I didn't even notice that it's a direct copy from the wiki!
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Man, that makes it even more pathetic. Was a great costume, but yeah, I would have /petitioned without a second though.
EDIT: What are the odds that it's yet another Marvel employee scoping out the game...
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So shiny and after he/she typed in all that bio information too.
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You seem to have forgotten people can copy/paste now Taking the word "ripoff" to a whole new level. I googled for half the first sentence in quotation and found the entire passage nearly verbatim.
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That's hilarious.
Not only is it copyright/trademark infringement....it's plagiarism too!
Originally Posted by Dechs Kaison See, it's gems like these that make me check Claws' post history every once in a while to make sure I haven't missed anything good lately. |
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Pizza Hut is slicing the "pizza" from its boxes and some store signs. The fast food chain will now brand some stores as simply "The Hut."
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This just in... Tatooine gangster Jabba files suit against pizza giant. Says Jabba, "Jeeska da sookee koopa moe nanya." Film at eleven.
In all seriousness, if you have missed one of these threads involving characters being generiched, do not worry. Another will be along in about a month and repeat each and every argument ever made previously, including folks offering legal advice, and cries of "Tattletale!"
The worst part about all of this is that new players see clones of various comic heroes and conclude that it must be okay to be a blatant copy, especially when the character is a level 50.
One can have sympathy for the creator of a "Thor" who looked nothing like the Marvel hero but rather had red hair and a beard, as in the classic mythologic tales. Reasonable minds can differ there. But the guy in the OP is a clearly out of line. The Generic Sixteen Tons is gonna drop on him, no doubt.
"How do you know you are on the side of good?" a Paragon citizen asked him. "How can we even know what is 'good'?"
"The Most High has spoken, even with His own blood," Melancton replied. "Surely we know."
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Still, I remember the early days of CoH, where you couldn't swing a dead cat without hitting a Hulk, Wolverine, or Tick clone.
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Oh the good ol' days, of saying "hey, cool costume, please except my friendly advances whilst I secretly report you to a GM, BwAhHahAhahah"
. . . . .
Nowadays I still see a lot of hulks, kingpins, wolverine-wannabe's and cat-sluts. hmm, thinking about it the good old days are not much different from the nowadays
Shhh. My common sense is tingling. ~ Deadpool
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One can have sympathy for the creator of a "Thor" who looked nothing like the Marvel hero but rather had red hair and a beard, as in the classic mythologic tales. Reasonable minds can differ there. But the guy in the OP is a clearly out of line. The Generic Sixteen Tons is gonna drop on him, no doubt.
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That's part of my problem with this, I think there are a lot of [censored] eager beavers on here so anxious to "protect the community" that they go overboard on things.
Marvel no more holds a copyright on the name Thor, Dracula, or Aries than I do.
Learn modesty, if you desire knowledge. A highland would never be irrigated by river." (Kanz ol-Haghayegh)
QR
I see ripoffs frequently, and I have yet to petition one of them. I'll petition things offensive (overtly sexual, racial or sexist names/descriptions) and let everybody else petition the clones. They don't really bother me and there are always plenty of people wanting to point out how someone else is breaking the rules so I don't particularly care when they get caught and just assume they will. If I'm feeling really nice I may mention that they should look into changing the desc/costume, though.
But I also see no point whatsoever in starting a thread about it on the forums, either - I find doing so no different than all of the purged posts and threads about the accidental bannings that happened due to the "MA abuse". It's not talking about specific GM interaction but merely speculating it and discussing such - which many of those threads were as well - and as such falls under the same forum rule.
In short, if you're going to petition do so and shut up about it. If you're not going to petition, don't and shut up about it. If you're going to be an attention [censored] saying "lookit me, I can point out a nasty ebil rule breaker" then I hold you as no better of a person than the one you're pointing out.
As such, reporting the thread.
it has gone from unconscionable to downright appalling that we have no way of measuring our characters' wetness.
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One can have sympathy for the creator of a "Thor" who looked nothing like the Marvel hero but rather had red hair and a beard, as in the classic mythologic tales. Reasonable minds can differ there. But the guy in the OP is a clearly out of line. The Generic Sixteen Tons is gonna drop on him, no doubt.
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That's part of my problem with this, I think there are a lot of asskissing eager beavers on here so anxious to "protect the community" that they go overboard on things.
Marvel no more holds a copyright on the name Thor, Dracula, or Aries than I do.
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Actually, since they have a copyright on the name "The Mighty Thor," I think they have a bit more than you do.
Let me never fall into the vulgar mistake of dreaming that I am persecuted whenever I am contradicted.
~Ralph Waldo Emerson
"I was just the one with the most unsolicited sombrero." - Traegus
I get threats all the time on my main (see sig) thanks to John Wriath (or some such) in Marvel. The threats really ramped up the a few weeks back.
So far I havne't been gerniced. After reviewing the Wiki on him, my toon looks nothin like him, has no part of his bio like him and even has a differntly spelled name.
Hopefully, I won't see a naming nerf as a result of all you whiney tattle-tellers.
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QR
I see ripoffs frequently, and I have yet to petition one of them. I'll petition things offensive (overtly sexual, racial or sexist names/descriptions) and let everybody else petition the clones. They don't really bother me and there are always plenty of people wanting to point out how someone else is breaking the rules so I don't particularly care when they get caught and just assume they will. If I'm feeling really nice I may mention that they should look into changing the desc/costume, though.
But I also see no point whatsoever in starting a thread about it on the forums, either - I find doing so no different than all of the purged posts and threads about the accidental bannings that happened due to the "MA abuse". It's not talking about specific GM interaction but merely speculating it and discussing such - which many of those threads were as well - and as such falls under the same forum rule.
In short, if you're going to petition do so and shut up about it. If you're not going to petition, don't and shut up about it. If you're going to be an attention [censored] saying "lookit me, I can point out a nasty ebil rule breaker" then I hold you as no better of a person than the one you're pointing out.
As such, reporting the thread.
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So...let me see if I got this straight.
You typed all this out to say you're reporting the thread. While saying in the post itself that you look down on people who go out of their way to point out that they're reporting something, considering them no better than the one who broke the rule in the first place.
Yes, pot, the kettle IS black, we noticed. Though I'm surprised you could tell what color it is from WAY up there on your horse.
Originally Posted by Dechs Kaison See, it's gems like these that make me check Claws' post history every once in a while to make sure I haven't missed anything good lately. |
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QR
I see ripoffs frequently, and I have yet to petition one of them. I'll petition things offensive (overtly sexual, racial or sexist names/descriptions) and let everybody else petition the clones. They don't really bother me and there are always plenty of people wanting to point out how someone else is breaking the rules so I don't particularly care when they get caught and just assume they will. If I'm feeling really nice I may mention that they should look into changing the desc/costume, though.
But I also see no point whatsoever in starting a thread about it on the forums, either - I find doing so no different than all of the purged posts and threads about the accidental bannings that happened due to the "MA abuse". It's not talking about specific GM interaction but merely speculating it and discussing such - which many of those threads were as well - and as such falls under the same forum rule.
In short, if you're going to petition do so and shut up about it. If you're not going to petition, don't and shut up about it. If you're going to be an attention [censored] saying "lookit me, I can point out a nasty ebil rule breaker" then I hold you as no better of a person than the one you're pointing out.
As such, reporting the thread.
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So...let me see if I got this straight.
You typed all this out to say you're reporting the thread.
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Actually, I typed it all out to point out my personal policy on these issues, as many other have, then to say why I'm reporting the thread after I thought about what I was writing.
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While saying in the post itself that you look down on people who go out of their way to point out that they're reporting something, considering them no better than the one who broke the rule in the first place.
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Feel free to ignore the last line if you like; it was only included so that people don't go " wth?!?!" if/when it disappears, as often happens any time a thread gets modded.
And if it seems hypocritical, that's nice. I certainly didn't start a new thread saying "look at this rule-breaking thread", and within this thread the post itself should get purged.
it has gone from unconscionable to downright appalling that we have no way of measuring our characters' wetness.
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I was just calling you on doing exactly what you were telling people not to do.
In your own words: "If you're going to petition just shut up and do it" Instead, you made a post informing people you were reporting the thread.
Justifying it after the fact does not change the fact.
Originally Posted by Dechs Kaison See, it's gems like these that make me check Claws' post history every once in a while to make sure I haven't missed anything good lately. |
I've told at least 5 people since I first started playing this game that their characters, if they didn't change their characters' names, would be hit with the Generic Bat. I told all of them that, although I wouldn't report their EULA Violations, because I don't do such a thing, I warned them that someone else would, and that they should change the names of their characters before someone else did. Most of them thanked me for the warning, and, I assume, took care of the problem, but 1 or 2 of them were downright rude! I warned them that when their characters eventually do get hit with the Generic Bat, don't get mad at me for warning them, and one even said that they'll just keep on doing what they're doing, no matter what the Devs or the Mods do to them, and that the Devs and Mods have no right to use the Generic Bat, EVER!
Try my 3 MArcs: I.D.#67166:Protect the Artifacts!! I.D.#97724:Level-Up Time. I.D.#243803:Witch War! Salem vs. Croatoa!
QR
I already posted in this thread, but I'm just going to point out that I don't inform the people when I petition them. They read the rules (or should have), so they don't need me to remind them of the rule when they break it. Plus, I don't feel like getting griefed when their character inevitably becomes Generic'd simply because they refuse to follow the rules.
To the person who says "mind your own business", I'll point out that we, as players, were specifically asked to help the GM staff out in this matter. This, in effect, made it our business. You don't play in a vacuum, so get over it.
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Hopefully, I won't see a naming nerf as a result of all you whiney tattle-tellers.
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And really, this sentiment above that I quoted is part of the reason I petition at all. It goes beyond simply following the rules and doing as I was asked to do; I get a small amount of pleasure from knocking children off their pedestals that they've built for themselves. Of course, I've always hated the "I can do what I want, when I want, and you can't stop me!" attitude more and more people seem to have in all the wrong places.
There are rules that you agree to to play the game. Follow them, and you won't have to [censored] and moan about being caught breaking the rules.
Main Hero : Annilixxion -- Lv50 Blaster
Main Villain : Menkaura -- Lv41 Mastermind
@Laxx
"You will bend to my will, with or without your precious sanity." --Dragon Mage
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one even said that they'll just keep on doing what they're doing, no matter what the Devs or the Mods do to them, and that the Devs and Mods have no right to use the Generic Bat, EVER!
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I suspect that individual eventually got hit with a banstick instead.
Edit: To Laxx: I don't tell them when I petition either. I only warn those who I think may genuinely not know about the EULA.
Originally Posted by Dechs Kaison See, it's gems like these that make me check Claws' post history every once in a while to make sure I haven't missed anything good lately. |
Forbin, I refreshed the post and your "The door man just called and said..." comment is gone! I just wanted to say that I lauged so hard I woke up my dog and peed a little
Well played sir, well played indeed!
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EDIT: What are the odds that it's yet another Marvel employee scoping out the game...
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I feel that is highly unlikely that they would engage in such shenannigans a second time. Additionally, I also believe that there is little likelyhood of another lawsuit since:
1: Enough people do take the higher-ups' request to report trademark violations as a command from on high instead of just a polite request, and will report anything that even has the most tenuous connection to anything that might have ever seen print since the dawn of comic books.
2: Marvel is not currently developing their own superhero MMO and doubtfully have plans to try it again. So they have no cause to try to preemptively shutdown their competition.
3: If DC were to get it in their heads to try to litigate away their competition, they most likely would not sue over trademarks. That's been done and failed. They would most likely take another route and sue over some truly ridiculous aspect of imaginary property law: specifically, software patents.
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I wouldnt petition the person but I would tell them they need to change it before it does get cut by the GMs. That way the person could remake the toon while it's still a lowbie with a new name
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I usually look at other info before I fire off a petition. If they have no vet badges and otherwise appear to be new to the game, I will inform them that they are violating an agreement, and explain why the agreement is there.
Most of the time I get something like:"Really? I didn't know that, thanks for telling me, I'll go change it."
If I see multiple vet badges and get the impression they've been around for a while I say the same thing. Sometimes I get the same answer, other times I get: "Yeah, I know, they can't stop me though, so I'm gonna do whatever I want."
Those people get petitioned right away. I never assume that someone is knowingly breaking a rule, a lot of times they have no idea it's even there. I mean, how many people actually read the EULA? And out of those people, how many understand it? I'm guessing not very many in both cases.
So, I'm not a complete jerk about it.
See, it's gems like these that make me check Claws' post history every once in a while to make sure I haven't missed anything good lately.