Lots of trademark abuse lately

[PeregrineFalcon]

11 minutes ago, Player2 said:

Maybe it would be easy to implement, or maybe it wouldn't.  Even if it's easy, I still think it would be a waste of time and effort.  We don't need extra reminders not to break rules... but if you are suggesting that we do, then why limit it to just this issue?

I see what you're saying and agree with you. Quite often when I'm against a suggestion it isn't really even because I don't like the suggestion, it's because I believe that it would take a lot of time and/or effort on the part of the developers for little to no benefit.

 

13 minutes ago, Player2 said:

Why not have a pop up in the chat window when ever someone is about to type something to remind players not harass other players, engage in name-calling, or any of the other behaviors that are prohibited?

Again I see what you're saying. However, the difference is that people now days are very aware that you aren't supposed to insult or harass other players. This is something that's been made very clear across the internet for decades now. But many people aren't aware that copying a trademarked character could get Homecoming shut down, or that it's even against the rules at all.

 

Yes, yes, the EULA and/or CoC. Which, and let's all be honest here for a minute, very very few people actually read and even less remember or understand what they've read by the time they're done.

 

Also, having a bit of text right in the character creator might not actually cut down on the amount of obvious violations that zone into Atlas Park everyday, but you know what it might do? Act as a very obvious bit of evidence that Homecoming does take IP violations seriously, and that might make the difference between a suit or a simple warning letter.

[shortguy on indom]

1 hour ago, Excraft said:

 

When it comes to what is or isn't a trademark or copyright violation here, HC has the final say, so deeming someone innocent or not is up to them.

Agree insofar as HC is in control of what they allow to happen on the site, but determination the copyright/trademark violation is prolly a matter for a judge to decide.

 

 

[Player2]

1 hour ago, PeregrineFalcon said:

but you know what it might do? Act as a very obvious bit of evidence that Homecoming does take IP violations seriously, and that might make the difference between a suit or a simple warning letter.

Again, I have to say why stop at the character creator?  Because despite the obvious awareness across the internet that people aren't supposed to harass and insult, it does still happen.  General chat in particular can become a real cesspool.  So no, unless we're going to address ALL of the problematic behaviors of breaking rules in the EULA, then I don't think we need or should have such a warning in the character creator.  I agree that some people don't read the EULA... so maybe we need an additional pop up after logging in stating that you should read it and be aware of all the rules within because ignorance of the rules does not permit disregarding them.

[PeregrineFalcon]

2 minutes ago, Player2 said:

Again, I have to say why stop at the character creator?

Asked and answered.

 

But if you need another reason, Disney isn't going to sue Homecoming out of existence if I call you mean names in Atlas Park. They might if someone makes a bunch of Marvel clones, runs around Atlas Park, and then puts the video up on YouTube.

[Player2]

44 minutes ago, shortguy on indom said:

Agree insofar as HC is in control of what they allow to happen on the site, but determination the copyright/trademark violation is prolly a matter for a judge to decide.

 

Correct.  It is a matter for a judge to decide.  But lawyers can be expensive, and no one wants to have to go to court for other people choosing to disregard the posted rules.  Homecoming gets to decide to shoot down whatever they want, whether it be protected parody or homages that strike a little too close to the source material, to ensure that there's no need to have to go to court at all.

 

Instead of warning people at the character creation menu about what not to do, maybe an effort should be made to educate people on what constitutes acceptable homage and where parody crosses the line.  I'm sure some people will say that's a bad idea because the moment you draw lines of what is or isn't acceptable, you will have people looking for ways to skirt or exploit it.  But why is keeping things vague and putting up warning messages a better solution?

[Player2]

2 minutes ago, PeregrineFalcon said:

Asked and answered.

 

But if you need another reason, Disney isn't going to sue Homecoming out of existence if I call you mean names in Atlas Park. They might if someone makes a bunch of Marvel clones, runs around Atlas Park, and then puts the video up on YouTube.

I get it.  The rules only matter if the Mouse will sue.  So you're saying the other rules are meaningless.  Gotcha.  Carry on.

[Excraft]

1 hour ago, shortguy on indom said:

Agree insofar as HC is in control of what they allow to happen on the site, but determination the copyright/trademark violation is prolly a matter for a judge to decide.

 

Here on the HC servers it is up to HC to decide what is or is not acceptable with regard to trademark or copyright violations. 

[Excraft]

47 minutes ago, Player2 said:

Again, I have to say why stop at the character creator?  Because despite the obvious awareness across the internet that people aren't supposed to harass and insult, it does still happen.  General chat in particular can become a real cesspool.  So no, unless we're going to address ALL of the problematic behaviors of breaking rules in the EULA, then I don't think we need or should have such a warning in the character creator.  I agree that some people don't read the EULA... so maybe we need an additional pop up after logging in stating that you should read it and be aware of all the rules within because ignorance of the rules does not permit disregarding them.

 

Adding load screen tool tips reminding people to be kind to their fellow players isn't a bad idea either.  Taking the "all or nothing" approach certainly isn't helping your case. 

[Excraft]

42 minutes ago, Player2 said:

Correct.  It is a matter for a judge to decide. 

 

If you're willing to personally fork over the retainer fees for a legal team to handle whether or not a costume/name/bio combo here is or isn't a trademark violation, go for it.  HC is more than capable of making that determination based on their judgement and what they will or will not allow on their servers.

[GM_GooglyMoogly]

Let's keep the arguing to the topic and not against each other personally, please.

[Haijinx]

9 hours ago, UltraAlt said:

 

 

 

Two things 

 

That wasn't set in the Marvel Universe, it was set in the Star Wars universe.

 

And, those comics were terrible. 

[PeregrineFalcon]

1 hour ago, Player2 said:

I get it.  The rules only matter if the Mouse will sue.  So you're saying the other rules are meaningless.  Gotcha.  Carry on.

At no point did I say any of this. You've deliberately misconstrued what I did say.

 

1 hour ago, Player2 said:

Instead of warning people at the character creation menu about what not to do, maybe an effort should be made to educate people on what constitutes acceptable homage and where parody crosses the line.

Well, since you don't want them adding anything to the character creator about this, then how should Homecoming do that? Where exactly would you put this information, and in what format?

[Bionic_Flea]

6 minutes ago, PeregrineFalcon said:

Where exactly would you put this information, and in what format?

 

I think you could add a quick comment on the mission load screens that have all sorts of advice, jokes, and comments.

[Haijinx]

Sign / loading tip suggestion

 

"Don't be a moron. Trademarked characters are Trademarked."

[kelika2]

oh damn did i miss the monthly sword rattling thread?

 

just petition and move on, you wont win

[kelika2]

@PeregrineFalconbetcha if i made another regen thread you would do the same thing

[Player2]

3 hours ago, Excraft said:

 

If you're willing to personally fork over the retainer fees for a legal team to handle whether or not a costume/name/bio combo here is or isn't a trademark violation, go for it.  HC is more than capable of making that determination based on their judgement and what they will or will not allow on their servers.

I agree with you.  I'm saying, it's a determination that can only be made in court by a judge after lawyers for both sides have made their case.  It's far better for HC to set rules to prevent it from having to go to court.

[Krimson]

Yep, if the content violators are serious, they will fork out the dough for the legal costs.

[Troo]

3 hours ago, GM_GooglyMoogly said:

Let's keep the arguing to the topic and not against each other personally, please.

 

but Great GooglyMoogly one of these folks smells. I really wanna say who. You could prolly guess.

 

My opinion: trademark offenders should have their names & costume genericed, and their character's hands transformed permanently turned into mittens .

This while their optional petition is being reviewed..

 

 

Edited May 31 by Troo

[GM_GooglyMoogly]

9 minutes ago, Troo said:

but Great GooglyMoogly one of these folks smells. I really wanna say who. You could prolly guess.

 

[Oubliette_Red]

8 hours ago, mcdoogss said:

Remind me what happens to snitches again?  

 

[Erratic1]

4 hours ago, PeregrineFalcon said:

But if you need another reason, Disney isn't going to sue Homecoming out of existence if I call you mean names in Atlas Park. They might if someone makes a bunch of Marvel clones, runs around Atlas Park, and then puts the video up on YouTube.

 

Nobody can know what The Mouse is going to do. On the other hand, DC published The Zen Men:

 

 

Hmmm...who do they remind you of?

 

And then Marvel have the Shi'ar Royal Guard and Squadron Supreme:

 

     

 

Kinda reminds one of a certain legion of teens and league of heroes, no?

 

And those are published, directly sold for profit, comics as opposed to some obscure activity by fans in a corner of the world not a lot of people are going to see.

 

Not saying people should freely be able to impinge on trademarked characters but honestly, there is far more meaningful infringement by comics companies against each other than anything players in CoH are doing. 

[Force Redux]

26 minutes ago, Erratic1 said:

 

Nobody can know what The Mouse is going to do. On the other hand, DC published The Zen Men:

 

 

Hmmm...who do they remind you of?

 

And then Marvel have the Shi'ar Royal Guard and Squadron Supreme:

 

     

 

Kinda reminds one of a certain legion of teens and league of heroes, no?

 

And those are published, directly sold for profit, comics as opposed to some obscure activity by fans in a corner of the world not a lot of people are going to see.

 

Not saying people should freely be able to impinge on trademarked characters but honestly, there is far more meaningful infringement by comics companies against each other than anything players in CoH are doing. 

 

Except marvel and DC have teams of high-priced and very savvy lawyers to defend their corporate interests.

 

Homecoming is volunteer based and has none of the resources. Not a good argument

[Erratic1]

29 minutes ago, Force Redux said:

 

Except marvel and DC have teams of high-priced and very savvy lawyers to defend their corporate interests.

 

Homecoming is volunteer based and has none of the resources. Not a good argument

 

I didn't argue a point, a made a statement of fact. Here, let me summarize since you missed it:

 

57 minutes ago, Erratic1 said:

Not saying people should freely be able to impinge on trademarked characters but honestly, there is far more meaningful infringement by comics companies against each other than anything players in CoH are doing. 

 

Read the bold and underlined sections.

Edited May 31 by Erratic1

[Force Redux]

26 minutes ago, Erratic1 said:

 

I didn't argue a point, a made a statement of fact. Here, let me summarize since you missed it:

 

 

Read the bold and underlined sections.

 

Here, I think you missed something:

 

HC is not Marvel/DC.

 

Because Marvel does X and DC does Y, doesn't equal immunity for COH HC. 

 

Let's also not forget that Marvel had had a previous history targeting (overzealously) this franchise:

https://massivelyop.com/2019/11/22/lawful-neutral-when-marvel-sued-ncsoft-over-city-of-heroes/#:~:text=Way back in November of,its copyrighted comic book heroes.

 

That's clearly the point of my comment. Regardless of what DC/Marvel do with each other, we're not DC/Marvel, we're Homecoming. We're not in the same playing field as DC/Marvel for making forays into infringement territory.