Linden Labs Sends "Permit-and-Proceed" Letter
linuxwrangler writes "In sharp contrast to the incidents chronicled at Chilling Effects, Second Life creators Linden Labs have sent the parody site Get a First Life a proceed-and-permit letter. From the letter: 'Linden Lab is well-known for having strict hiring standards, including a requirement for having a sense of humor, from which our lawyers receive no exception. In conclusion, your invitation to submit a cease-and-desist letter is hereby rejected.' The letter also grants permission to use the parody logos."
Second Life creators Linden Labs have sent the parody site Get a First Life a proceed-and-permit letter.
In other words, they're virtually going along with the joke.
Push Button, Receive Bacon
I've always said second life is like four times better then half-life.
In an age of the MAFIAA and other organizations dedicated to maintaining stupid IP laws and restrictive fair use laws, it's nice to see a company realize that a parody only helps them more. After all, this is free PR, and good PR at that.
"The only constant in the universe is change." - Unknown author
How depressing is it that this type of thing would only happen in an online world? I think if someone did this to Disney they would send Mickey to come eat you or something.
'Every story, if continued long enough, ends in death.' --Ernest Hemingway
Now if only other people could be so lenient towards copyright...
Marxism is the opiate of dumbasses
something tells me you wouldnt be hired where they require the sense of humor.
There's nothing Intelligent about Intelligent Design.
"FU and the virtual horse you rode in on" to Linden Labs in regards to this letter -- especially the final sentence This license may be modified, addended, or revoked at any time by Linden Lab in its sole discretion.
Lighten up, it's a joke!
------ Take away the right to say fuck and you take away the right to say fuck the government.
I have a better sense of humor than this feeble attempt at attracting attention.
Strange women lying in ponds distributing swords is no basis for a system of government.
They acknowledge First Life's inherent right to parody several times, even jokingly stated that they were insulted by the idea that their lawyers WOULDN'T recognize such a right. The only "license" here is a license for the derivative trademark, which they note "may require a license." Notice they didn't say "does require a license." It's more, "Hey, we think this probably falls under fair use. But just in case it doesn't, and anyone ever hassles you about it, here's a license saying you can use it anyway."
The final clause is standard CYA language. If, for example, First Life started using their derivative logo to do something damaging to Second Life's reputation, Second Life's lawyers may look into it, and if, in fact, the logo is infringing, they may revoke the license. Surely you can't reasonably expect them to grant them a perpetual, non-revokable license to do anything they want with a very slightly modified logo?
The whole thing's basically a joke anyway, to let everyone know that they know about First Life, and are 100% OK with it. It's also a cheap jab at companies with less sense of humor.
Formerly GNU/Anonymous Coward. This message has been determined to cause cancer in laboratory animals.
The Get A First Life people need to find a lawyer to slam Linden Labs for denying him work, and suggesting that he could get an injunction against the 'proceed and permit' letter under `restraint of trade` laws.
Sometimes boldness is in fashion. Sometimes only the brave will be bold.
that we are commenting on the application of common sense.
Two roads diverged in a wood, and I - I took the one less travelled by. (Robert Frost, 1916)
The parody site operator of getafirstlife.com should reject this letter immediately. How many companies in the future will start referring to this action as a basis to stop "fair use"? i.e., "Hey, we didn't provide you with a proceed-and-permit letter.
You should get to know Jack Thompson. My gut tells me you'll do incredible things together.
"companies in the future will start referring to this action"
I'm no lawyer, but I aren't precedents set by courts? The actions of a company's legal team have no effect on the status quo.
(a) They are succeeding at attracting attention;
(b) You are not succeeding at attracting attention, despite your grumpiest attempts;
(c) You discovered that www.getafirstlife.com is not actually functional
- RG>
Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
Maybe so, but he's got a point. The law doesn't have a sense of humor, so lawyers can't really afford to have on either.
"[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz
Actually they'd be right to ignore it. If they accept it or reject or respond in any way they legitimise it. In any case being granted permission does not set a precedent that you MUST be granted permission. If my boss tells me I can go to the doctor if I'm seriously ill and need urgent medical attention it does not mean that if he doesn't give permission the next time I'm ill that I can't go. No license needed to be granted here. I believe parody is protected under US laws, though I'm not a US citizen and I honestly don't know the detail.
These posts express my own personal views, not those of my employer
What's with all the lawyer bashing and paranoia? These guys are clearly making fun of him. Just because the person is a lawyer, doesn't mean he is out to rip you off. There are plenty of good lawyers around. In fact, most lawyers wouldn't do something unethical just because it pays so handsomely well.
Because most lawyers are dead.
Ah, haha, I just couldn't resist...
Trademarks need to be fought for, otherwise they are useless. This is actually IMHO a very brilliant move by Linden to maintain their hold on their trademarks without being a complete asshole about it.
Did you ever notice that *nix doesn't even cover Linux?
Not according to todays Slashdot moderators you don't.
Around here, a sense of humor seems to be defined as answering the question,
"What do you call 10,000 lawyers at the bottom of the ocean ?"
with "A good start !", not "Evidence !".
Wanna fight ? Bend over, stick your head up your ass, and fight for air.
I pick C, but as I read the authors blog I kinda understand why he only made one page.
As to the license (GP post) that was just a touch of the real lawyers CYA coming through.
-nB
whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
How ever came up with the respons at Linden Labs should get a bonus, turing something that would have been negative news into something both funny, positive and yet still manage to defened their tradmark.
http://www.intellipool.se/ - Intellipool Network Monitor
Secondly, if we want companies to be good citizens and respectful of individual's rights, should not also individuals respect companies when the company does something right? I do. I went to second life from the first life page and signed up for an account. Who woulda thought they actually have a linux version (alpha) for the game?
What I see is a company that is not full of pricks, plus they supply a linux version of the game. Isn't that what (we linux users at least) have been saying would be great? I say that's worthy of my support so I flipped them a few bucks.
What changed under Obama? Nothing Good
Did any one else see the google adds for Second Life on the First Life web site?
Did that happen before or after the letter?
Money is the root of all evil?
This is actually quite smart from a legal point of view. Once Second Life had decided not to go down the road of trying to sue the parody site into oblivion - a wise decision given the PR meltdown such cases tend to cause - it then had a choice.
If it ignored the parody site, that could dilute or otherwise weaken its trade mark rights, making it harder to take action against truly problematic infringement in future. However, by sending a "permit-and-proceed" letter, it not only gets some positive PR for taking a pragmatic and humorous approach - it also transforms the parody site from a trademark-diluting independent endeavour into something that is, in effect, licensed by Second Life. This means they can still be seen to have asserted their trade mark rights rather than allowing the parody site to continue without any intervention at all.
A similar position can arise in relation to land, at least under English law. If someone encroaches on your land for a sufficiently long period of time (12+ years) and you do nothing about it one way or another, you can lose your rights in the land (many people living near railway lines have extended their gardens to the edge of the line by these means). However, if you say to the encroacher, "Oh, that's fine, carry on, I don't mind, you have my permission", then that turns it into a licence, and they cannot then claim "adverse possession" against you later.
Corporations with a sense of humor, and lawyers with common sense? Wow: Second Life really is a fantasy world.
Good security is based upon reality and common sense. Common sense is a function of having common knowledge.
...than /. stories about flying genitalia
Jesus Saves
RealGrouchy is commenting on someone being grumpy. Let's think about that for a moment.
Mickey stopped eating children in the late forties, when he stopped gaining weight.
That's why they got the dog.
It may look like a jone but the letter is from a lawyer and the letter says REVOCABLE! WTF more do you need? It says REVOCABLE at ANY TIME.
This license may be modified, addended, or revoked at any time by Linden Lab in its sole discretion.
This was taken out of context. It simply is in refrence to the online store selling items with the modified logo. If the site creator got out of line with the products with the modified logo, they simply reserve the right to revoke the license to use the logo. The fact they granted a license to use the mofified logo is without fees or royalty payments is very gracious.
Try using the Mickey Mouse logo in a modified form on your website in a paradoy and sell products with the logo. I doubt the Disney lawyers have a sense of humor regarding selling products with a Mickey logo.
The truth shall set you free!
It's a joke, written by lawyers. My head's about to explode - don't we hate lawyers anymore?
Starbucks, Harbuckle of Breath.
whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
It's also a cheap jab at companies with less sense of humor.
/. ;-)
I agree with your whole post except for this bit. "Cheap" inexpensive, sure. Usually "cheap" has negative connotations though, which I don't think apply to this. I think it's a pretty classy jab at companies with less sense of humor.
Anyhow, pedantry doesn't work so well at work or home so there's
Despite never being able to quite get myself into a frame of mind where I'd enjoy second life, I've always liked the management. They've always seemed oddly sane, given not only the industry, but the fringe subset they've founded.
Remember, a lawyer is paid to advise you on your legal interests. A merely smart lawyer knows what plays well in court. A truly smart lawyer knows that public opinion is also a court, and that the best interests of the client involve playing well there as well. The RIAA merely has smart lawyers; they are trying to spread compliance through fear but generate reams of bad press in the process. At the other end of the scale, I once heard of a case in which another US industry body was trying to prevent a foreign firm gaining a foothold by bending a number of rules. A truly smart firm of lawyers reviewed the evidence and sent out a single letter (which I have seen) which caused the sudden collapse of the opposition. It spelled out the evidence, the laws they believed had been broken, the action they could take, and the resulting publicity. My belief is that where there is a real case, this is usually what happens.
Pining for the fjords
'No publisher will ever pay you enough to successfully sue them' - Dave Sim
But of course, if everyone did it, it would be neither funny or refreshing.
Is it just me or is secondlife.com slashdotted or otherwise down? It's not even linked to from the article but we can't get to it from here.
If you think computers (and compilers) don't have a sense of humor, you've never programmed. I can't count the number of times I've been coding and random nonsense errors start happening, and rebooting was the solution to the problem, not bad code. I just -know- it's laughing at me every time that happens. (Granted, it's only ever happened to me on Windows, but I haven't done much Linux programming in C.)
"If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
Wait, which dog? Goofy or Pluto?
Pollution. Global Cooling. Artificial Reef. Shark Repellent. Recycling.
Anything but useless.
You can have it fast, accurate, or pretty. Pick any 2.
The law does have quite a bit of humour, you just have to be a lawyer or someone with legal training to appreciate it.
For example, a workers law here in Germany requires the top boss to talk to the elected workers' council at least once a month. Let me skip the why and boring details. One company persistently rejected to even acknowledge that elected body even existed, much less deal with them.
So one court case later, the judgement was to take the offenders into custody. It's called "Beugehaft" in Germany, the idea being that for minor crimes where fines aren't the proper punishment because what you want is someone to do something, you take him into custody until he says "ok, ok". Now here's the joke: The judgement called for this punishment to be levied on the entire board of directors, and immediately due to the danger of them fleeing. The people who thought they were above it all were in immediate danger of being put behind bars within the hour. And sure, they could call for revision, but they'd still be taken from their office by police and spend at least one night in jail.
A bunch of frentic phonecalls later, the CEO had binding instructions to cooperate fully with the workers council.
Lawyers laugh as much as anyone. It's just that most of their jokes are as puzzling to us as C++ jokes are to your grandmother.
Assorted stuff I do sometimes: Lemuria.org
Yes, a parody of a parody in reply to a public challenge to defend thier trademark tells me someone with a bit of class and dignity is on the ball at that company.
And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
Aristophanes wrote a play titled "The Clouds," in which he lambasted the state of education in ancient Athens. In the process, he also lampooned Socrates, who was depicted as one of the corrupters of youth... even though public opinion at the time considered him no such thing.
Socrates attended the production of the play... and laughed as uproariously as anyone else at his on-stage caricature.
Mind you, he might not have had the same remedies available as today had he been thoroughly offended by the play, but the big thing was that the concept of "grin and bear it" was known then. Too bad it seems to be unfashionable these days.
Strike while the irony is hot! -- The Freethinker
Unfortunately, the Linux client sucks and is often broken. They put one guy on it, and they don't accept source patches from outside.
Their GPLing of the source is a joke, because you can't use a modified client on the main grid.
"You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
The law does definitely have a sense of humour.
-Eric
SJW: Someone who has run out of real oppression, and has to fake it.
Bullshit.
1. It works. Everything but video works fine. Sure, it crashes once in a while, but so does the Windows one, so I don't think that's specific to the Linux version.
2. I have modified the source, and connected to the main grid using the compiled client.
Regarding whether they accept patches, not 100% sure there, but the latest version compiles on GCC 4.1 when the first releases didn't. It looks like they integrated fixes people made for that.
The "offending" sight seems awfully slim. I get the sense that this whole exchange might be a bit of a publicity ploy to promote Second Life.
That's an interesting thought, and if so then I would guess it would be an employee of Linden Labs. However after looking it over I'm inclined to think that perhaps you might be only half right -- that while it's a publicity maneuver (and a very clever one at that) it was designed to protect their intellectual property at the same time.
The creator of the getalifefirst.com website is in a different city than Linden Labs, registered through a different registrar, on different nameservers and different IP netblocks. While I admit none of this means anything it does mitigate my suspicions.
It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
I haven't gotten mine to work at *all*. When I try and launch it, it throws some screen up about how it can't open a new window. Do you have a firewall? What ports do you open? (I read what Linden sez about it and opened those, but still no good.) I'm almost desperate enough to make a Windows install just to see if the problem is my linux setup.
Nostalgia's not what it used to be.
Marketers in lawyer's clothing.
I have a firewall, but I don't remember having to open any ports for it. I think it only makes outbound connections, so it should work fine without changing anything.
Regarding your problems, haven't had anything like that happen here. Perhaps you have an ATI card? I heard of problems with them.
BTW, the Windows client ran flawlessly in Wine last time I checked, so if you want to try it, that could avoid having to do a Windows install.
aww snap, poupsie got PWND!
:)
lol, relax, it was a joke.... just like the first one YOU DIDN'T GET.
It's not often your subject comes to the aid of making your point, but be sure you have my thanks
There's nothing Intelligent about Intelligent Design.
Dude, the little mermaid is like 12 years old...
The movie came out in 1989; ergo, the Little Mermaid will be 18 this November. All in all, I'd say that's close enough. Here's to "dabbling with watercolors"!
//Information does not want to be free; it wants to breed.
My experience is the same (it works fine). I downloaded it and stuck it in my home dir. Using a terminal, I moved the SL dir, ran ./secondlife and then stayed up till 5:00 am. My desktop is Edgy Eft with an older nvidia card. It connects to a router which connects to an old computer acting as a firewall, and from there to the internet. The linux client worked fine for me all night, never crashing. Too bad in a way because I'm beat today.
What changed under Obama? Nothing Good
Two strings walk into a bar. The first strong goes up to the bar tender and says "Give me a beer". The second string goes up to the bar and says "Give me a beeriomc3#@%c()". The first string then says to the bar tender "You'll have to excuse my friend here, he isn't null terminated."
Wow, it's nice to see a company not scream, "we're going to sue!" When someone else does a parody of them. Kudos to Linden Labs for this.
Shopping for trashy lingerie, hanging out with shemales, werewolves and vampires with no real goal or purpose for hours on end is bad?
Step 2: Don't be evil.
Precedents are not only created by court action, they are created by uses and habits socially accepted, so if it became an habit to emits proceed and persist letters they will end creating a precedent
Bravo! Bravo! A THOUSAND times Bravo!
At last, some entity that has the balls, forsight, and fortitude to just say NO to these greedy, self-serving, sleazy, low-life, opportunistic, slime-ball, bastard, regurgi-funk lawyers that want nothing less than for every living person on this planet to sue every other person on this planet, living or deceased.
Works fine on my Dell Inspiron 8600 laptop with an ATI Mobility video device and Gentoo Linux.
It rocks and is very stable - only the record movie to disk and in-world movie are not implemented fully yet!
Those "occasional crashes" manage to HARD FREEZE my Linux machine. It won't respond to anything, even the Dark Secret Incantations, to unwedge it.
The Linux client is abhorrent.
"You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."