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Wednesday, April 09, 2008


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Aleister Kronos

Just wondering, in an idle moment: Is this page's non-conformance deliberate or accidental? Just curious...

Dusan Writer

Wonderful summary of the concerns. I'm not sure anyone in the blogging or Second Life world community begrudges Linden Lab the right to protect their trademark (did I append Second life with the correct noun? Do I need to? I'm just posting a comment, do you need to put the trademarks in a comment? Is my posting without them trademark infringement when I do it on someone else's blog?)

For me the main points of contention include the fact that they are implying through the change of the TOS that they reserve the right to enforce trademark outside of legal remedies and use their right to ban or cancel accounts to pressure compliance. The second point of contention is with how they handle (as they have in the past) policy change, where the past is swept aside without answering what would be obvious questions about how a user transitions from one policy to another. And the third is practical, although I take some relief in the fact that I read their guidelines as saying that if I am outside the US that I don't need to learn how to use those tricky symbols...but then, how do they KNOW I'm outside the US? And if they assume I'm not, can they use the TOS to try to enforce compliance?

Finally, it's very simply about communication. Why are they doing this? Why now? What are they worried about? Why do they have to go to such extreme measures?

Thanks for keeping us posted on all of this and nudging Linden. And please continue to report on the efforts around Gwyn's petition and protests!

Princess Ivory

I"m confused. Are we supposed to be using the ® or the ™ ? now? They really can't claim the © mark, given its meaning and context. http://www.uspto.gov/web/offices/tac/doc/basic/trade_defin.htm

And in what circumstances do we have to use it?

If I am writing in my blog and I mention "Second Life" am required to use a trademark symbol?

Princess Ivory


As far as the change being estoppel, if I read the wikipedia article correctly (IANAL) it is at best equitable estoppel, which would only be useful in defending yourself against an infringement claim from LL, inc:

"Equitable estoppel is distinct from promissory estoppel. Promissory estoppel involves a clear and definite promise, while equitable estoppel involves only representations and inducements. The representations at issue in promissory estoppel go to future intent, while equitable estoppel involves statement of past or present fact. It is also said that equitable estoppel lies in tort, while promissory estoppel lies in contract. The major distinction between equitable estoppel and promissory estoppel is that the former is available only as a defense, while promissory estoppel can be used as the basis of a cause of action for damages. 28 Am Jur 2d Estoppel and Waiver § 35"


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