« Wharton Holds Symposium On Virtual World Hype Cycle (But Where Are We On The Chart Now?) | Main | How Useful Is Second Life For Architects? "Linden Prize" Winner Compares Pros And Cons With OpenSimulator »

Monday, May 04, 2009


Feed You can follow this conversation by subscribing to the comment feed for this post.


hm - but doesn't lucasfilm use trademarks to enforce protection of "Luke Skywalker"?

or, even if it's some bizzare twisting of copyright, i suspect Herbert's estate will use the tactic... as it seems to work.

Ran Garrigus

With respect, I think Mr. Stallman's suggestion wrt to Taser shows that he's not really aware of the facts of the matter, since he seems to indicate that LL is the using misappropriating the Taser trademark ("Commercial sale of a 'virtual' product by Linden...")

The idea that LL can monitor SL enough to act as a gatekeeper in regards to what RL trademarks are allowed onto the grid (for a fee) is just not feasible. Users create the content, and it's users who are misappropriating trademarks. The number of shoes I see from high-end creators with Nike swooshes, Adidas stripes, and Converse stars alone is just ridiculous. LL can't manage it all, but for Mr. Stallman's suggestion to work, they would have to be able to do so.

Hamlet Au

@qarl: Yeah, I had wondered if "Paul Atreides", "Fremen", etc. were also trademarked, but couldn't determine that. However, even more key, perhaps, the Linden takedown notice doesn't determine that either.

Arcadia Codesmith

"I suggest that Linden approach the Taser company and its competitors, and ask each one how much it is willing to pay to get its product's name used in Second Life."

It seems like just last week that I was musing:

"But maybe we're looking at it from the wrong angle. Perhaps the machinima makers ought to be soliciting product placement deals instead..."

This has been an issue with corporate presence in SL - they contract with some firm to build them an island, throw out a few virtual goodies, and then sit there and wonder why customers aren't thronging there.

Take another tact. Make available a free limited license for utilizing your trademarks/copyrights in Second Life, publicize it, provide source materials to creators, and watch people make and distribute a bewildering array of stuff with your brand plastered all over it.

Coke did something like this. So why aren't Pepsi's marketers all over it?

frank dellario

It may seem silly for companies to stop people from using their trademarked brands but they do need to prove use and avoid their trademark from becomming a general use term, therefore voiding their trademark (silly but true).

Google attemping to stop use of the noun google as a verb ("google it") or same with Xerox ("Xerox that for me") are meant to prevent their trademarks from becoming a common, general use term, which are not trademarkable. Call me crazy but sounds like a sign of darn good marketing and a great service/product. They should be rewarded. All I can say is, "Don't tase me bro."


His whole premise is wrong, as LL is not using the trademark "Taser" and has nothing to do with it other than some of the residents in the virtual world owned by LL are in fact doing so.

He's confused.


@radar - i think the issue is that LL bought xstreet, which did indeed use "taser" in some product descriptions.


Did XStreet use it, or did SL residents listing products on XStreet use it?

Foobar Merlin

As far as I know the Taser company was concerned about their reputation when a connection to sl is present. That's just laughable to me. As if their reputation wouldn't be totally ruined almost. Every video I saw or headline I read about tasers ruins it more.
I'd say the Taser company is confused. Hope them bro's won't tase me now... XD


@radar - Given that LL owns Xstreet, LL is making money each time one of the virtual Tasers is sold (Xstreet's 5% commission). According to the EFF's summary on trademark infringement, LL could be liable for contributory infringement if they "continued to produce or distribute a product knowing or having reason to know the recipient is engaging in trademark infringement." See http://ilt.eff.org/index.php/Trademark:_Liability.


@Schmo Understood, but it could also reasonably be argued that LL hasn't owned XStreet for long, and has not finished scouring for DMCA violations yet also.

Tateru Nino

It's hard to argue that Linden Lab is not acting as a retailer via Xstreet. The way it's doing things makes it tough to argue that it is just a host or a mediator.

Generally if there's potential violations and liability, you'd sort that out during the acquisition phase before you, yourself, become liable for anything.

Ann Otoole

Lawyers will always win rofl. Armchair wanna bee legal expertise is epic fail.

Get it in court and we will see what the actionable results are. Till then all talk and little substance.

I really want to see LL be taken to court over the widespread trademark infringement in Second Life such as Adidas, Converse, Warner Brothers, and The Walt Disney Company trademarks and copyrights. I really do. Only then will we know which side gets the right to say stfu.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been posted. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.


Post a comment

Your Information

(Name is required. Email address will not be displayed with the comment.)

Making a Metaverse That Matters Wagner James Au ad
Please buy my book!
Thumb Wagner James Au Metaverse book
Wagner James "Hamlet" Au
Wagner James Au Patreon
Equimake 3D virtual world web real time creation
Bad-Unicorn SL builds holdables HUD
Dutchie Evergreen Slideshow 2024
AWE USA discount code
Juicybomb_EEP ad
My book on Goodreads!
Wagner James Au AAE Speakers Metaverse
Request me as a speaker!
Making of Second Life 20th anniversary Wagner James Au Thumb
PC for SL
Recommended PC for SL
Macbook Second Life
Recommended Mac for SL

Classic New World Notes stories:

Woman With Parkinson's Reports Significant Physical Recovery After Using Second Life - Academics Researching (2013)

We're Not Ready For An Era Where People Prefer Virtual Experiences To Real Ones -- But That Era Seems To Be Here (2012)

Sander's Villa: The Man Who Gave His Father A Second Life (2011)

What Rebecca Learned By Being A Second Life Man (2010)

Charles Bristol's Metaverse Blues: 87 Year Old Bluesman Becomes Avatar-Based Musician In Second Life (2009)

Linden Limit Libertarianism: Metaverse community management illustrates the problems with laissez faire governance (2008)

The Husband That Eshi Made: Metaverse artist, grieving for her dead husband, recreates him as an avatar (2008)

Labor Union Protesters Converge On IBM's Metaverse Campus: Leaders Claim Success, 1850 Total Attendees (Including Giant Banana & Talking Triangle) (2007)

All About My Avatar: The story behind amazing strange avatars (2007)

Fighting the Front: When fascists open an HQ in Second Life, chaos and exploding pigs ensue (2007)

Copying a Controversy: Copyright concerns come to the Metaverse via... the CopyBot! (2006)

The Penguin & the Zookeeper: Just another unlikely friendship formed in The Metaverse (2006)

"—And He Rezzed a Crooked House—": Mathematician makes a tesseract in the Metaverse — watch the videos! (2006)

Guarding Darfur: Virtual super heroes rally to protect a real world activist site (2006)

The Skin You're In: How virtual world avatar options expose real world racism (2006)

Making Love: When virtual sex gets real (2005)

Watching the Detectives: How to honeytrap a cheater in the Metaverse (2005)

The Freeform Identity of Eboni Khan: First-hand account of the Black user experience in virtual worlds (2005)

Man on Man and Woman on Woman: Just another gender-bending avatar love story, with a twist (2005)

The Nine Souls of Wilde Cunningham: A collective of severely disabled people share the same avatar (2004)

Falling for Eddie: Two shy artists divided by an ocean literally create a new life for each other (2004)

War of the Jessie Wall: Battle over virtual borders -- and real war in Iraq (2003)

Home for the Homeless: Creating a virtual mansion despite the most challenging circumstances (2003)

Newstex_Author_Badge-Color 240px
JuicyBomb_NWN5 SL blog
Ava Delaney SL Blog
my site ... ... ...