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CCP claiming intellectual property rights of alliance names and logos

First post
Author
Tuttomenui II
Aliastra
Gallente Federation
#41 - 2014-02-13 00:38:32 UTC
Pinky Hops wrote:


Quote:
Do I retain the copyright and other legal rights to material I upload to Facebook?
Yes, you retain the copyright to your content. When you upload your content, you grant us a license to use and display that content. For more information please visit our Statement of Rights and Responsibilities, which contains information about intellectual property, as well as your privileges and responsibilities as a Facebook user.


This happened years ago as far as I know.

It turns out, attempting to steal copyrights from your userbase isn't "cool" or "hip" and wasn't very good for facebook's PR.


My guess is that this is what CCP was trying to do but worded it so strongly that they ended up not doing what was intended in the first place. Hopefully they take Facebook's lead and change the wording.

I am OK with CCP claiming a license to use my stuff but I do not like the idea of them claiming ownership of my stuff. So far only thing at risk for me is my characters name but I am sure I can prove prior use in other areas of my name so I would win that fight if it ever arose. Sadly I lost the short story I wrote in 6th grade where I invented my name ( minus the II). I only have to find somewhere I used it before 2007 the birth year of my first eve character.
Kaarous Aldurald
Black Hydra Consortium.
#42 - 2014-02-13 00:46:57 UTC
Jafit McJafitson wrote:
corporal hicks wrote:
First Corp I made in Eve was called Weyland Yutani bet Fox would love to know CCP now considers the name their property.



2.B

You are encouraged to use a pseudonym, but you may not choose a name that violates anyone's trademarks, publicity rights or other rights. Acceptance of a pseudonym by the System does not mean that your chosen pseudonym does not violate anyone's rights. You are responsible for any liability incurred by yourself, CCP or anyone else due to the pseudonym you choose. CCP retains the right to reject any pseudonym it determines, in its sole discretion, is unlawful, indecent, obscene or otherwise violates standards of good taste.

Enjoy your lawsuit from Fox Lol


So, my next alt cannot, in fact, be named Magic Fingers?

"Verily, I have often laughed at the weaklings who thought themselves good because they had no claws."

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Hrald
Dreddit
Test Alliance Please Ignore
#43 - 2014-02-13 00:51:17 UTC
Alliance name has to be in good taste or CCP can revoke it? Goodbye Babylon5..
Profeesor DMccleary
Doomheim
#44 - 2014-02-13 04:33:54 UTC
Urist Faust Armok wrote:
As far as EULA's go in the US, they are almost always upheld. Most of the time though it is in regards to ownership of the software itself, IE selling an old copy of a CAD program, since the EULA states the software is licensed and not sold. Also it includes a division of real money and 'in game money'. If I lost a Titan because of whatever and CCP refused to replace it for whatever reason I have 0 legal standing. This will also stretch into Plex.

Player submitted content is quite similar. Things such as Facebook are already some of the biggest perpetrators. ANY photo submitted to Facebook is considered their intellectual property in order to capitalize on and ability to send a cease and desist order to any money making ventures a person may be performing. As such if a person is a professional photographer NEVER put anything on such a website without watermarking the hell out of it.

CCP may be within its legal rights, within the US, to have ownership over any player submitted material if it is within their EULA. Their primary concern will only be over the profits of the TShirts and if none is made then they have less standing.

Second Life people will know much more about this then I will at least.


I can certainly say that anytime you make something or create an object, by all legal means it is YOUR Item, not CCP's and if you want to resell on the open market away from Eveonline then you have that right to do so. Irregardless of the EULA claims of owning your items not under their control, you do have recourse in a court of law here in the states because CCP does maintain an office here stateside.
I am also referencing this by the fact I am also in Second Life as well and we have our hands full even there with Interllectual Property rights as well but being it's bit more liberal there so there is a difference between the two communities.

I have quite a bit of experience in this regards as to who owns what, this is why there is a Creative Commons License available for you to use and to fall back on, for example, if I take a screenshot here in Eveonline, who owns the copy right to that image?? I do, as long as I have it on my documents folder then that image becomes my property under the CC License, does CCP profit?? no, because under the definitions then that image is mine and I can use it along with my CC License which is predominately displayed on my webspages in a manner to which I use them for, do I advertise? no.

I just simple use that image as a means to bolster any thoughts or ideas to which I claim ownership.

As far as selling TShirts with your logo and names, then I'd go for it.

Prof. DMccleary, Diplomat at Large.
Nevyn Auscent
Broke Sauce
#45 - 2014-02-13 04:45:44 UTC
This will have been an automated response to the 'EVE' tag placed on the item in the store. Really, you tried to use CCP's property to help make you money. And now you are getting super pissy AND misrepresenting CCP's position in your posts complaining about it.

Sure, I get what you are saying, but quite frankly, you have gone about it a terrible way.
Chribba
Otherworld Enterprises
Otherworld Empire
#46 - 2014-02-13 06:59:44 UTC
Kaarous Aldurald wrote:
The implications of this in regards to Chribba's tattoo are both disturbing and hilarious.

Maybe I will be put in a glass box at the CCP office unless I take off my arm Lol

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Your Dad Naked
Doomheim
#47 - 2014-02-13 07:15:10 UTC  |  Edited by: Your Dad Naked
This is the kind of thing that made me unsubscribe all of my accounts. I sincerely hope others who as well have had financial based issues with CCP unsubscribe to send the right message. They are so greedy, no offense to them.

Sorry to hear about your problem OP.
Chribba
Otherworld Enterprises
Otherworld Empire
#48 - 2014-02-13 07:17:55 UTC  |  Edited by: Chribba
Ok at the topic at hand. While it sounds unfortunate that this is happening, I decided to check this out. And tbh I don't really think CCP did this because you wanted your corp members to get a tshirt...

There's plenty of items in your "store" from mousepads, to wall-clocks and clothes (some by the looks semi expensive, but then I don't know the base cost for the item so price could be all valid and no money made on a sale).

It does however get presented heavily with the "EVE Online" title/tag though, and that could probably be a reason for CCP to do this as to me, it sort of looks like an advertisement rather than a small litte store for your corp (as they probably wouldn't need to include the word "eve online" for their search).

However, with that said, I don't really see CCP (or any company with a similar situation) really have much against this, since it's sorta your logo (unless you had CCP make it for you) but the lawyer you spoke to, of course needs to go within their EULA/ToS line else where would you draw the line?

CCP does encourage people making shirts for their members, but I do believe when that turns into what looks like a money-making-thing they will ask you to stop, and it's just my view but it looks to be a bit more than just a a t-shirt...

Hopefully you will still be able to provide your members with neat t-shirts by other means.

update/after also now reading through the whole link, I'm fairly sure that it was due to the reasons I thought myself when looking into things, namely the heavily use of "eve online" as title/tag for the items rather than just your TVC.

/c

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Derath Ellecon
University of Caille
Gallente Federation
#49 - 2014-02-13 07:27:48 UTC
I honestly don't know why anyone is surprised. One key component to any copyright/IP situation is that the company (in this case CCP) has to show they are actively protecting said copyright.

So they may not really care that you make T-shirts for your corp/alliance. But they have to go through the motions to show they are protecting their IP.
Victor Andall
#50 - 2014-02-13 08:47:56 UTC
Derath Ellecon wrote:
I honestly don't know why anyone is surprised. One key component to any copyright/IP situation is that the company (in this case CCP) has to show they are actively protecting said copyright.

So they may not really care that you make T-shirts for your corp/alliance. But they have to go through the motions to show they are protecting their IP.


I wanted to mention this.

It's the same situation as Bethesda vs Mojang in the Scrolls copyright claim.

If they don't show that they are "actively trying to protect their IP" they're pretty much losing their right to do so on the future.

Because copyright laws are a convoluted mess.

I doubt there's anyone excited at CCP that they have to claim the IP that was made by OP.

UC?

I just undocked for the first time and someone challenged me to a duel. Wat do?

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Julius Rigel
#51 - 2014-02-13 09:25:29 UTC
Pinky Hops wrote:
For instance, if I made a corporation named Skittles, does CCP gets to sue Skittles for the copyright?
I don't think you own the rights to "Skittles™", but if you did, and you signed a contract with CCP that said "if you send us some intellectual property, then you are also giving us ownership of that intellectual property" and later sent them "Skittles™", then yes, CCP would own "Skittles™". I don't see that this is ambiguous in any way.

If you send them IP that doesn't belong to you in the first place, then it's still not a particularly ambiguous situation, beyond the owner proving ownership and proving that they are not you, which in most cases should be fairly trivial. You, the person who distributed the content without permission, and pretended to own the rights and so on, might get in trouble for that, however. But that's none of CCP's business.

Most internet companies that deal with such user submissions are well-equipped to handle this, and in most cases it's as easy as just sending them an e-mail with a take-down notice and a little "I, undersigned, hereby declare that this information is correct to the best of my knowledge, yadda yadda...". I've done that in the past, and my stuff was taken down from whichever website someone had posted it on without my permission at the time. Admittedly, e-mailing someone your signature sounds a little goofy, but whatever works, huh?
CCP Falcon
#52 - 2014-02-13 10:49:00 UTC

We've been working on this situation since December, when the original issue surfaced.

We've been in contact with the concerned parties throughout this process, and I've been in close contact with our legal department to make sure that the situation is resolved.

As with everything involving law, resolutions of these issues take a little time. We were actually intending on putting out a Dev Blog in the next few days to clarify the situation for the community and make sure that there were no issues in future with people using their alliance logos, and providing documentation that our players could use to prevent third party sites from removing their alliance themed items from their online stores.

I'm very much of the opinion that Alliance identity is extremely important to our community, and after explaining this to our legal department they were extremely receptive with regards to coming to an amicable agreement that benefits everyone.

It's a shame to see that rather than wait for a civil resolution to the situation, people have chosen to jump the gun and try to create drama from it.

We'll have a short Dev Blog in the next couple of days that will explain the situation and clarify things.

Smile

CCP Falcon || EVE Universe Community Manager || @CCP_Falcon

Happy Birthday To FAWLTY7! <3

TokiWartooth Joringer
Doomheim
#53 - 2014-02-13 11:05:18 UTC
CCP Falcon wrote:


I'm very much of the opinion that Alliance identity is extremely important to our community, and after explaining this to our legal department they were extremely receptive with regards to coming to an amicable agreement that benefits everyone.

It's a shame to see that rather than wait for a civil resolution to the situation, people have chosen to jump the gun and try to create drama from it.





fixed (Because of Falcon) but also, its Eve-O, i'm seriously surprised you're shocked drama was formed from this.

I feel a disturbance in the force, ISD is nearby

Ruskarn Andedare
Lion Investments
#54 - 2014-02-13 11:41:56 UTC
Pinky Hops wrote:
Mr Epeen wrote:
Balance what you'd spend ($150,000.00 plus) to bring suit compared to what you'd make (a couple of dollars) selling shirts and make your decision.

I have a hard time calling it on which you'll choose. Butthurt can make people do some crazy ass things and common sense is a rare commodity in the world of gaming.

Mr Epeen Cool


I think you have it backwards.

He doesn't have to bring any suit to CCP to sell a shirt. He can just start selling shirts.

The burden would be on CCP to spend the $150,000 to bring suit over the couple dollars he made.

The only thing that happened is CCP was bullying by sending threatening letters to CafePress - so CafePress, not wanting to get involved, refused to make the shirts for him.


Bullying?

Did you read the email from the lawyer?

CafePress took down the shirts in response to a general request from CCP to remove unlicensed EVE product purely due to the products being described as EVE related.

Get a grip.
Remiel Pollard
Aliastra
Gallente Federation
#55 - 2014-02-13 11:53:43 UTC
Your Dad Naked wrote:
This is the kind of thing that made me unsubscribe all of my accounts. I sincerely hope others who as well have had financial based issues with CCP unsubscribe to send the right message. They are so greedy, no offense to them.

Sorry to hear about your problem OP.


Obviously not all of them or you wouldn't be posting here.

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Altrue
Exploration Frontier inc
Tactical-Retreat
#56 - 2014-02-13 12:00:02 UTC  |  Edited by: Altrue
CCP Falcon wrote:

It's a shame to see that rather than wait for a civil resolution to the situation, people have chosen to jump the gun and try to create drama from it.


Keeping other people informed is quite important actually, Brave Collective needs an alliance Logo, and copyright stuff is one thing that leadership is taking into acount, far from being a shame, I'm sure some people will be interested to learn about this. Plus this thread has been covered with good advices and legal analysis, and not that much drama actually...

The real question would have been, given that it took more than two months for CCP to answer this post, would have CCP tried to change anything to their debatable practices at all, without said practices becoming public knowledge?

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CCP Falcon
#57 - 2014-02-13 12:06:35 UTC
Altrue wrote:


The real question would have been, given that it took more than two months for CCP to answer this post, would have CCP tried to change anything to their debatable practices at all, without said practices becoming public knowledge?


It didn't take us two months to answer.

This thread was created yesterday, as I said previously we've been in contact with the people concerned since the issue surfaced, and have been working with them to resolve it.

We've also had a blog in the works for some time now relating to the issue, however it has to be passed by our legal department and has to be correct and accurate before we can release it.

v0v


CCP Falcon || EVE Universe Community Manager || @CCP_Falcon

Happy Birthday To FAWLTY7! <3

Rich Uncle PennyBags
EVE Online Monopoly
#58 - 2014-02-13 12:18:13 UTC
Pinky Hops wrote:
Legally, they have little grounds to do anything based on a ToS.

For instance, if I made a corporation named Skittles, does CCP gets to sue Skittles for the copyright?

Sure - but it would be a waste of their time/money.

You're going to have to lawyer up if you want to protect yourself (or open source it like you did). It sucks CCP is going this route -- everybody loses.

Copyright is won/lost often by games of intimidation. The second it goes to court, CCP will likely drop the case.

It works both ways though. If you DON'T protect it from CCP - they win it by default.



Actually, EULA says you can't name your corp after an existing trademark/copyright.

So it nullifies that particular problem.
Altrue
Exploration Frontier inc
Tactical-Retreat
#59 - 2014-02-13 12:26:31 UTC
My bad on this one, I assumed that the surface of the original issue was near the date of the first post. Still, I don't want to take easy leaps here, but maybe posting here had the effect of accelerating the devblog release? Or were they just lucky to post right before a devblog "in the works for some time" comes out in a few days?

I understand that as a company it can be annoying as hell to see players spread incorrect or false informations, but on the other hand, in the current economical climate, copyright stuff is starting to get out of control, like with Youtube policies. People are starting to realize more and more than they are powerless without high amount of money to back them up, which means powerless against companies.

Whats remaining in the individuals arcenal then? Bad press.

Who created the logo, CCP or TVC? TVC. Then it should've been crystal clear from the beggining, TVC has all rights to monetize it, it should have been the end of the story. Straight

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CCP Falcon
#60 - 2014-02-13 12:54:15 UTC
Altrue wrote:
My bad on this one, I assumed that the surface of the original issue was near the date of the first post. Still, I don't want to take easy leaps here, but maybe posting here had the effect of accelerating the devblog release? Or were they just lucky to post right before a devblog "in the works for some time" comes out in a few days?

I understand that as a company it can be annoying as hell to see players spread incorrect or false informations, but on the other hand, in the current economical climate, copyright stuff is starting to get out of control, like with Youtube policies. People are starting to realize more and more than they are powerless without high amount of money to back them up, which means powerless against companies.

Whats remaining in the individuals arcenal then? Bad press.

Who created the logo, CCP or TVC? TVC. Then it should've been crystal clear from the beggining, TVC has all rights to monetize it, it should have been the end of the story. Straight


In the end, we've listened to the concerns of the involved parties and come to a solution that allows us to both protect our IP, and let players use their alliance logos freely.

I'd hardly call that bad press, personally.

There'll be more info in the next couple of days regarding stuff!

Smile

CCP Falcon || EVE Universe Community Manager || @CCP_Falcon

Happy Birthday To FAWLTY7! <3