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CCP claiming intellectual property rights of alliance names and logos

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Batelle
Federal Navy Academy
#21 - 2014-02-12 22:36:08 UTC
Ortho Loess wrote:
I disagree that we should just let it be and hope they don't do anything in the future.


Well, I didn't mean to go so far as to suggest that. I'm just talking about having reasonable expectations and keeping things in perspective, for your own benefit. (and to avoid ISD lock b/c "rumor mongering.")

"**CCP is changing policy, and has asked that we discontinue the bonus credit program after November 7th. So until then, enjoy a super-bonus of 1B Blink Credit for each 60-day GTC you buy!"**

Never forget.
Pinky Hops
Caldari Provisions
Caldari State
#22 - 2014-02-12 22:36:45 UTC  |  Edited by: Pinky Hops
Ptraci wrote:
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.



Copyright and trademarks are not the same thing. Skittles is a trademark.


Then replace it with a copyright. The same argument applies.

It basically suggests that every single thing handed over to CCP was by the person who is able to transfer ownership - which I think is the same argument the OP used.
Nariya Kentaya
Ministry of War
Amarr Empire
#23 - 2014-02-12 22:49:58 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.

of course they are going this route, its the ex-EA they have now. they are like the American Games Workshop when it comes to anything they can make an arguement for owning.

heck, if EA owned skittles, theyd sue anyone who bought skittles and ate them where others could see for using the skittles logo without permission in a public place.
Mr Epeen
It's All About Me
#24 - 2014-02-12 22:50:06 UTC
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
Pinky Hops
Caldari Provisions
Caldari State
#25 - 2014-02-12 23:03:15 UTC
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.
Mr Epeen
It's All About Me
#26 - 2014-02-12 23:08:30 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.


Seriously?

All CCP has to do is delete the logo from the game. Problem solved and no money spent.

Mr Epeen Cool
DaReaper
Net 7
Cannon.Fodder
#27 - 2014-02-12 23:10:30 UTC
My question though would be if PL sold their shirts or just gave them away. I.E. had them made with there own money and shipped them to memebrs free of charge. It is my understanding that you can pretty much do this with no issues.

But on the topic it is messed up that they would go after whats yours, but at the same time, ccp does have to have a way to protect themselves for allowing logos. But i'm not a lawyer so what do I know

OMG Comet Mining idea!!! Comet Mining!

Eve For life.
Jack Snipe
Sebiestor Tribe
Minmatar Republic
#28 - 2014-02-12 23:20:38 UTC
corporal hicks
Aliastra
Gallente Federation
#29 - 2014-02-12 23:28:33 UTC
First Corp I made in Eve was called Weyland Yutani bet Fox would love to know CCP now considers the name their property.
Te Tumatauenga
Pator Tech School
Minmatar Republic
#30 - 2014-02-12 23:31:43 UTC
Dear CCP.

It has come to my attention that an army has named itself after my character, which infringes on your intellectual property. You should immediately send a DMCA cease and desist letter to the owners of http://www.army.mil.nz/
Jafit McJafitson
Viziam
Amarr Empire
#31 - 2014-02-12 23:34:26 UTC
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
Adrie Atticus
Caldari Provisions
Caldari State
#32 - 2014-02-12 23:39:49 UTC
I wanted to post about the author having the moral right for the image and ask it to be removed from the game due to it being used in a harmful way, but apparently Iceland (and USA) don't have this right.

I hope the author is either german, french, norwegian, swedish or finnish.
corporal hicks
Aliastra
Gallente Federation
#33 - 2014-02-12 23:42:24 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



I bet that section was not there in 2003 :P
Unsuccessful At Everything
The Troll Bridge
#34 - 2014-02-12 23:45:40 UTC
Wait...

Are you telling me that CCP can claim rights to Unsuccessful at Everything?!?!?!

this is a disturbing revelation.


Here I am, on the front lines fighting for CCP in the war against Star Citizen, rallying the troops and sounding the war trumpets, and this is how they repay my Eve patriotism?

Since the cessation of their usefulness is imminent, may I appropriate your belongings?
Mr Epeen
It's All About Me
#35 - 2014-02-12 23:47:28 UTC
corporal hicks wrote:
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



I bet that section was not there in 2003 :P


I bet you are going to try and keep digging yourself out of the stupid hole and fail miserably.

Mr Epeen Cool
Urist Faust Armok
Federal Navy Academy
Gallente Federation
#36 - 2014-02-13 00:00:33 UTC  |  Edited by: Urist Faust Armok
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.
Herzog Wolfhammer
Sigma Special Tactics Group
#37 - 2014-02-13 00:03:45 UTC
Ace Echo wrote:
In this case, I'd recommend performing a legal practice very common in america, and go to the media.




Oh snap Lol

Bring back DEEEEP Space!
Muestereate
Minions LLC
#38 - 2014-02-13 00:06:55 UTC
CCP Pirates at heart. Who knew? How could this be?
Pinky Hops
Caldari Provisions
Caldari State
#39 - 2014-02-13 00:25:29 UTC  |  Edited by: Pinky Hops
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.


https://www.facebook.com/help/193430577370347/

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.
Mario Putzo
#40 - 2014-02-13 00:34:51 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


Thats why I added a T. Suck it Puzo. Godfather 3 was **** anyway.