Today, I had my name Generic'd and my 3x Costumes erased, what do you think?
By
Ad Astra,
Posted on: 2010-03-08 14:33 in Player Questions
It's pretty easy to recreate a costum. I don't think there's any harm in doing that... with another name it's not going to be an issue.
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When they generic they generic everything. Since it's there's they can do what they like with it.
I've been generic'd too. I was fine for several months but then I joined a team and kept saying the catchphrases as well, guess someone got irritated.
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This is not correct. They often generic names only. I have witnessed it on people I play with in just the last few weeks.
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Originally Posted by _Klaw_
When they generic they generic everything.
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Blue
American Steele: 50 BS/Inv
Nightfall: 50 DDD
Sable Slayer: 50 DM/Rgn
Fortune's Shadow: 50 Dark/Psi
WinterStrike: 47 Ice/Dev
Quantum Well: 43 Inv/EM
Twilit Destiny: 43 MA/DA
Red
Shadowslip: 50 DDC
Final Rest: 50 MA/Rgn
Abyssal Frost: 50 Ice/Dark
Golden Ember: 50 SM/FA
What are the other costumes?
Also, c'mon, this is like trying to name your toon Superman.
Your name got genericed because it is also a name on Diablo 2 Izual.
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Except I've heard of Superman. I've never heard of this guy before, and don't recognize any of the above pictures.
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Originally Posted by Postagulous
What are the other costumes?
Also, c'mon, this is like trying to name your toon Superman. |
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They do not generic everything, usually. I had a character get generic'd (I knew I was pressing the line with his name), and all that was generic'd was his name.|
Originally Posted by _Klaw_
When they generic they generic everything. Since it's there's they can do what they like with it.
I've been generic'd too. I was fine for several months but then I joined a team and kept saying the catchphrases as well, guess someone got irritated. |
To the OP - if you for some reason have not gotten an email, a) check your master account settings, b) petition from the character, in game, and explain you had that character generic'd, and in order of preference, list three name choices.
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Incorrect.|
Originally Posted by Shred_Monkey
It's pretty easy to recreate a costum. I don't think there's any harm in doing that... with another name it's not going to be an issue.
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If you create a costume that is blue tights with a red brief over them and a yellow belt, wearing a red cape and boots - it's quite possible to get that costume (not the name, which you state is "different") generic'd back to plain tights.
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Originally Posted by SpyralPegacyon
"You gave us a world where we could fly. I can't thank you enough for that."
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I think that was aimed more at the OP than it was a general statement, since the costume he showed us was pretty generic.
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Originally Posted by Ad Astra
Incorrect.
If you create a costume that is blue tights with a red brief over them and a yellow belt, wearing a red cape and boots - it's quite possible to get that costume (not the name, which you state is "different") generic'd back to plain tights. |
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I agree that costume is pretty generic and not much like Blizzard's IP.|
Originally Posted by Obsidian_Farmer
I think that was aimed more at the OP than it was a general statement, since the costume he showed us was pretty generic.
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But it kinda makes me wonder what the other 2 costumes looked like. I feel we are missing part of the story about why the costume was generic'd, like maybe one or both of the others was too close and the GM just went ahead and gen'd all three rather than sorting thru all of them.
Altoholic - but a Blaster at Heart!
Originally Posted by SpyralPegacyon
"You gave us a world where we could fly. I can't thank you enough for that."
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Your experience is irrelevant. It is the facts that matter. |
Originally Posted by DumpleBerry
Except I've heard of Superman. I've never heard of this guy before, and don't recognize any of the above pictures.
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The fact is that another company created an NPC in their game with that unique name. They have claimed that character as copyright, as any other game does with their NPC's.
It would be no different than someone going over to WoW and creating a character named Positron.
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You can't copyright names. Just throwing that out there.|
Originally Posted by Impish Kat
I can understand the name... it is a unique name created for another game, and copyrighted by the game creators.
The costume, not so much. Your costume doesn't look even remotely like Diablo's Izual. |
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Originally Posted by peterpeter
And it's not as though the devs of this game have never been sued over this kind of thing before. Our current legal climate doesn't give them much choice, sadly.
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Originally Posted by Tyrrano
That's copyright in our lovely legal system, sadly. A friend of mine is an author, and we were all discussing 'fan fiction' on his fan site. He basically said "Personally fan fic doesn't bother me - it's kinda flattering and all, but I *cannot* see it or I have to act to have it shut down. So make sure it isn't where I'll see it."
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Originally Posted by Impish Kat
Your experience is irrelevant. It is the facts that matter.
The fact is that another company created an NPC in their game with that unique name. They have claimed that character as copyright, as any other game does with their NPC's. It would be no different than someone going over to WoW and creating a character named Positron. |
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Tell that to the guy who copyrighted the name 'Arthur' which is why I can't name my freaking Robot henchman like that.
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Originally Posted by MunkiLord
You can't copyright names. Just throwing that out there.
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So, are the mods working under the assumption that if something shows up in another game, then it must be copyrighted? Are they doing lookups on the US copyright database (http://www.copyright.gov/)?
"Diablo" shows up 512 times..."Izual" doesn't.... I'm just wondering what the guidelines are.
@Texarkana
@Thexder
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It's cheaper for them to step on their players than it is to stand up to other corporations with legal departments that may or may not take issue with this or that name/costume/whatever.
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Originally Posted by Texarkana
So, are the mods working under the assumption that if something shows up in another game, then it must be copyrighted? Are they doing lookups on the US copyright database (http://www.copyright.gov/)?
"Diablo" shows up 512 times..."Izual" doesn't.... I'm just wondering what the guidelines are. |
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I believe they aren't copywrited but rather trademark'd
Linky to explain:
http://www.trademarkesq.com/pages/article2.html
I have been gened prior (for inappropriate names naughty me). Generally they just generic your name you get an email and either you can argue (i always try...sorry Lloyd <3) or send 3 new names.
My advice would be to reply to the email you got, PM'ing a mod here will do you no good as it is a different group that handles these things and for example Lloyd who does handle this does not accept pm's. I agree the 1 costume you showed doesn't need to be wiped my guess is that 1 might have been close enough and they just do a wipe.
In my experience the GM's are nice to deal with and will try to work with you on some things that are with in their scope to do. It's not personal for them they are doing their job and protecting their company. They aren't looking for infringement someone reported you and it is their job to act on it.
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On the costume? Perhaps. On the name? No.
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Originally Posted by Psynder13
You got screwed bro. Id fight this one.
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If you can find one instance of the name that predates Diablo 2, then I'll agree with you.|
Originally Posted by Comeuppance
Every name of every game character was "borrowed" at some point. It's not as though they invented the name. Pretty petty, if you ask me.
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Otherwise, admit you're talking out of your rear.
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Originally Posted by Texarkana
So, are the mods working under the assumption that if something shows up in another game, then it must be copyrighted? Are they doing lookups on the US copyright database (http://www.copyright.gov/)?
"Diablo" shows up 512 times..."Izual" doesn't.... I'm just wondering what the guidelines are. |
And it doesn't have to be on that list to be copyrighted. As long as an author can show they created the work first, they are the copyright holder in terms of legality.
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Read the agreement you agree to each time you enter the game. Probably in there.
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Originally Posted by Texarkana
"Diablo" shows up 512 times..."Izual" doesn't.... I'm just wondering what the guidelines are.
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What court battle? I remember a lawsuit that got settled out of court, but there was no court battle. Sounds like you're talking out your rear.|
Originally Posted by Tyger42
After going through a long and EXPENSIVE court battle, they aren't taking chances. |
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| And it doesn't have to be on that list to be copyrighted. As long as an author can show they created the work first, they are the copyright holder in terms of legality. |
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They settled, yes, but after nearly a year in court and managing to get several charges dismissed. It was not cheap, though.|
Originally Posted by MunkiLord
What court battle? I remember a lawsuit that got settled out of court, but there was no court battle. Sounds like you're talking out your rear.
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| True, it doesn't have to be on the list to be copyrighted. Like I said before however, you can't copyright names. Therefore, that name is not copyrighted. |
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Originally Posted by MunkiLord
What court battle? I remember a lawsuit that got settled out of court, but there was no court battle. Sounds like you're talking out your rear.
True, it doesn't have to be on the list to be copyrighted. Like I said before however, you can't copyright names. Therefore, that name is not copyrighted. |
Aparently from what i read you can trademark a name.
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trademark, yes. copywrite, no. if it was true that you could copywrite a name, anyone would have free reign to file lawsuits against anyone or anything that had the name. in order for a trademark violation to go through court it has to be the same exact thing as the original, i.e.: same name, costume, powers... |
Originally Posted by Phillygirl
Aparently from what i read you can trademark a name.
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as it stands, the GM's will generic any name or costume to save anything from happening. even the littlest thing.
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No, it most certainly does not have to be exact.
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Originally Posted by Sharker_Quint
trademark, yes. copywrite, no. if it was true that you could copywrite a name, anyone would have free reign to file lawsuits against anyone or anything that had the name. in order for a trademark violation to go through court it has to be the same exact thing as the original, i.e.: same name, costume, powers...
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The costume, not so much. Your costume doesn't look even remotely like Diablo's Izual.