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
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. It's now time for some of that sweet, sweet DMCA action until you capitulate!" The appropriate response should be, "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.
Strange women lying in ponds distributing swords is no basis for a system of government.
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)
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?
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
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.
I think the creators of second live should get a first live. This is also a DMCA abuse at higest levels.
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
Mickey stopped eating children in the late forties, when he stopped gaining weight.
That's why they got the dog.
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!
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
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.
Wait, which dog? Goofy or Pluto?
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
-Eric
SJW: Someone who has run out of real oppression, and has to fake it.
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.
Marketers in lawyer's clothing.
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.
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.
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.