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EFF Moves To Nix Trademark On "Gaymer"
netbuzz writes "Spurred by the mark holder's cease and desist letter to Reddit's subreddit r/gaymer, the Electronic Frontier Foundation today officially petitioned the U.S. Patent and Trademark Office to rescind its grant of a trademark registration on the word "gaymer". 'This registration should never have been granted,' said EFF Intellectual Property Director Corynne McSherry. 'Gaymer is a common term that refers to members of this vibrant gaming community, and we are happy to help them fight back and make sure the term goes back to the public domain where it belongs.'"
I thought everyone spellt it Gamer!?!?
What's so different about a gaymer compared to a gamer? Why the need to segregate gamers based on their personal sexuality? Do they prefer certain genres? Or just demand gay sex in the games they play?
- From a confused gamer
And you, sir are a bigot.
In the UK 'Gaymer' is a company that makes Cider. http://en.wikipedia.org/wiki/Gaymer_Cider_Company
How do you call gamers that love cheese? There must be a word for that.
The French.
It'd be nice if the trolls on /. showed a little more intelligence than this, this is just lazy.
Yeah, standards have slipped since I was alt.hacker's resident troll-hunter...
No, by protecting the rights of gaymers online. Reddit is just the test case.
How do you call gamers that love cheese? There must be a word for that.
GruyÃrmers
-- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
Defending against corporate attempts to poach a name already in use via fraudulent trademark filings is not a good use of their funds?
Snowden and Manning are heroes.
I couldn't care less if someone is gay or not. I'm kinda tired of hearing "gay this" and "gay that" and "fags this" and "fags that" all the time, too. I don't fucking care about other people's sexuality. I also don't care about heterosexuals and how proud someone is of banging a drunk chick that he picked up at a meat rack bar. None of this shit really matters. If people want to be gay and game, whatever, go for it. Gay people also drink water -- does the "God Hates Fags" crowd intend to stop drinking water because of that? Again, in the larger scheme of things....who cares about sexual orientation? I spend more time worrying about our real loss of freedoms and the massive debt, and about a hundred other things. I'm tired of hearing about how everyone is homophobic and I'm also tired of hearing about how gay marriage will cause the country to fall into the seas. WORRY ABOUT REAL SHIT, PEOPLE.
Even ignoring the cesspool that is the twelve year olds of FPS games, no, we're not used to it.
MMOs are a prime example. Spend five minutes in one, and you'll see rampant homophobia, bigotry and sexism - ranging from the sadly accepted as tame (EVE Online, usually when one of the aforementioned twelve year olds is relieved of their poorly fitted ship) to making you wonder if you've logged into a fucking Klan meeting (Hi, raiding guilds of EverQuest 2, WoW, et cetera).
Gamers, like most psuedo-anonymous people on the Internets, are largely shitheads; shitheads who will never shut up about buttsex, women making sandwiches, or traps.
I am not sure how these people are demanding anything except the right to continue to call themselves what they have called themselves for years.
Do you even know whats going on here, you sound confused.
You are entitled to your own opinions, not your own facts.
Yeah, give your money to FSF and let Stallman get paid to ruin the open source community.
Give your money to one of the BSD projects and it won't be spent frivolously.
The tags looked like they said "Eff Games Yo"
If I'm going to give R&D money to Apple I'd rather get an iPad for it...
If you want to see *really* abusive language and offensive comments concentrated into their purest form, go play an mmoRPG and try *Roleplaying*. Nothing gets the 12 yr old mentality for heaping offensive abuse on other players up more than encountering a roleplayer in a roleplaying game, believe me.
In Dark Age of Camelot we had 3 Roleplaying/PvP servers, with a specific set of rules intended to foster RP behavior. We also had some of the best PvPing in the game going. However, there were regularly people who would create a character on one of these RP servers (there were like 17 other servers they could have chosen instead) *solely* for the purpose of standing in a populated area and heaping abuse on anyone they found. I would say I appealed at least 1 person per play session typically for this sort of behavior. I just don't get it. Its not like I logged into the non-Rp servers to insult them for not choosing to roleplay, that would just be a massive waste of my time if nothing else. I can't imagine being so bored as to have nothing better to do that insult people I will never play with.
Now, I am not gay, but I can easily understand why those who are would group together to form their own community and avoid the abuse they probably get on a regular basis - or at least manage to avoid the typically offensive speech of the gamers around them.
I cannot really imagine wanting to claim a term that would focus that abuse on me though. That seems *to me* to smack of wanting a reason to get outraged and complain about. Still whatever fills your boots I suppose...
However I agree that online gamers are typically highly offensive and ignorant as a baseline behavior. Sure, some rise above that but they are the rarity, the vast, vast majority start at pig-ignorant and dig their way down from there. Admittedly this is mostly true only of RPGs that have a heavy PvP element to them. My wife plays LOTRO and it seems fairly mild, but then PvP there is a minor afterthought really.
"The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
.. and I've been gay for.. a while.
And you, sir are a bigot.
Or a homogot.
Ezekiel 23:20
Where exactly did you see fraudulent trademark filings? Was the brand free? Yes it was. I don't see a problem.
I read the EFF page, the only demand I see is that they be allowed to use the name as they have for years. That is not ridiculous or laughable.
Considering how I feel your comments are misguided and silly, does that mean I am allowed to mock you?
You are entitled to your own opinions, not your own facts.
I heard about polymer, is that related in some way?
As I already said, if they liked the name, they should have registered it. Unfortunately "...they have for years" is totally meaningless in court. First come, first serve (legally speaking). I couldn't care less about how you feel about anything. You are "allowed" to print my comment and wipe your behind with it if it makes you happy.
I played Lord of the Rings Online the most and was a casual raid leader (meaning I organized and ran raids for casual players where often the loot would go to someone who had a birthday or fought well or been really unlucky rather then loot tables, I also didn't care about levels or experience). They were somewhat popular and I was asked to lead other groups... and then found out that in the NON-PUG groups, getting people to talk was a LOT easier. In the PUG raids everyone had sound on but for some reason few had a microphone. Suddenly in the closed raids, most had. And high voices.
Turns out I had been gaming with a lot of women. And I mean a LOT. Some were raids were majority female but when I asked them to join a pug something became clear... they were willing to play BUT could I not reveal they were female.
I have had several discussions online and in the real world were I was told about the kind of abuse female players receive. And this is NOT the rage kind when someone just says "bitch" or the sexual innuendo. Women talk like that too. It were attacks that yes as the AC says, you would expect in Klan meeting. One type of attack is that women have no right to play the game... I mean seriously. WTF?
AND it is not just trolling, there are a lot of REAL misogynists online. They can't vent their putrid bile in real life because they would get beaten up but online they let go.
So... the women hide online and only reveal their gender if they feel safe. AND THAT IS NOT OKAY! If you think it is, then I hate your fucking guts and hope you die before spreading your diseased genes. Because THIS attitude is what fuels extremists by tolerating them. It is basically nothing else then "if you don't want to be raped, don't reveal your gender". It is YOUR kind that created the burkha.
People should be free to be who they are. Yes, there can be gentle ribbing like Q.I. makes fun of homosexuals and hetero's alike BUT that is NOT what gay and female gamers are talking about. Gay and female gamers don't want special regonizition, they simply want to be able to be who they are without getting attacked simply for speaking with a high voice.
And only a closet bigot would start an argument over whether they got the right to be who they are.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
If it's any less blatant than this it gets modded to +5 insightful.
American Plastic or real?
Why am I hearing it now for the first time?
when you can spend money instead on defending the proper use of made-up words that don't sound different from real words?
Sort of on-topic, French get a lot of guff in international games, as do the quebecois. Surrender monkeys and lots of jokes about retreat and white flags.
The problem is a commonly accepted term is not appropriate as a trademark. You can actually LOSE your trademark if you don't staunchly defend it against misuse (like calling all pain relievers "tylenol" instead of referring to the product "Tylenol"). If a company doesn't defend its trademark, the trademark disappears. Double trouble if you trademark a common phrase and try to suppress its use after the fact.
This guy is a fucking idiot and I guarantee he's going to lose the trademark.
"Was the brand free?" It must be lovely seeing the world as a set of exploitable resources through your corporate colored glasses. Who cares if a word was in common use before this guys trademarked it and now he's suing the community he lifted it from? It's value as a "brand" is more important than anything else!
Except the law doesn't work the way you think it does. You cannot trademark a commonly used term and turn it against its common use. So I can trademark "Apple" as a music or computer company, but I can't trademark it as a brand of apples and sue people for calling their fruit apples.
I work in marketing so I have a pretty good idea how trademarks are registered. "Gaymer" is not a commonly used word.
This type of thing existed far before the western world existed. 'I want what you have, and I want to take control of it' is as old as life. Literally as old as life.
So stop with your 'western civilization' bullshit.
The Kruger Dunning explains most post on
"Gaymer" is not an actual dictionary word, therefore can not be part of the public domain. If they liked the name so much, they should have registered it as a trademark.
You are precisely what is wrong with popular linguistics and copyright law.
Apparently it's quite commonly used in this community. I'll trust the EFF's judegment over some marketing pud any day.
But unrelated-use trademarks, such as a restaurant called "Gaymer" run by Mr. Joe Gaymer, would be valid within their scopes.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
I admit, I resisted the temptation to make that joke more in depth... but considering the topic I thought that would be going too far.
Perhaps it's not commonly used in the general community, but what about in the gay community or the gamer community? The first time I heard it was in discussions of Mass Effect, and I assume that since I'm straight it's not a new phenomenon.
I'm sure the French will continue to call themselves French no matter what the outcome of this is.
"A person is smart. People are dumb, panicky dangerous animals and you know it." - K
> "Spurred by the mark holder'scease and desist letter"
Good lord, how cheap. Looks like someone was profiteering by gayming the system.
(-1: Post disagrees with my already-settled worldview) is not a valid mod option.
What exactly don't you understand? Nobody cares that it is commonly used in the community. They legally lost it to corporate greed or whatever fits your worldview. Choosing a side based on feelings instead of facts is called prejudice.
If it's any less blatant than this it gets modded to +5 insightful.
Posts moderated as +5 Troll are usually some of the best reading here. Very rare but very entertaining.
Usually the only ones that make it this far are posts ironically discussing moderation in an attempt to achieve the stated moderation.
Like this one.
I'm a good cook. I'm a fantastic eater. - Steven Brust
The problem is that now they want to send C&Ds to people who were already using the word when they filed for their trademark
In the US the concept on fair use of a trademark for freedom of speech purposes exists.
Also, it's not at all clear that even if this is a valid trademark that it can be applied to the name of a forum within a website, where the forum name is apparently not used in itself for any commercial purpose.
You seem particularly eager to defend this possible abuse of trademarks via the cease and desist. I wonder why?
The game only exists because the players created it. The game will go away if the players do. So hating the player is the appropriate remedy.
I can see why they'd want their own sandbox. I was thinking about joining a BF3 clan for the first time, started the app process and payments, then promptly withdrew after listening to the supposedly "mature gamers only" spewing epithets. Reading it on a chat window is one thing, listening to it when you're trying to aim is something completely different.
I swear to God...I swear to God! That is NOT how you treat your human!
This is nothing more than outright theft of another person's intellectual property by gay and lesbian activists in the same way they have attempted theft of other terms. (I'll leave making that list of those terms to the reader since this is obvious /. flamebait already.) How long before they also demand to own gaymer.com because they deserve it more? This is nothing more than the slow and indolent attempting to steal from the smart and quick what the former couldn't come up with on their own and needed someone else to point it out to them. I support the person who got there first keeping the trademark that they legally acquired and SHAME ON THE EFF for getting involved in this! No soup for them this quarter.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
I work in marketing...
That explains a lot. Won't bother with any more of your worthless corporate shill babble then...
But just one final point. Your argument such as it is seems to boil down to 'this is the law, why are whining, they should put up with it'. In fact they are challenging it *using the law* and if they win that will show they were correct to challenge it. So why are you so upset and opposed to this?
Posts moderated as +5 Troll ...
What?
I'm pretty sure Wisconsin has a lot of gamers too. Heck, I like cheese!
A little too much, maybe.
Look back up at my post, now look back down, you're on the Internet. Now look back up. I'm a signature.
Ignorance of the law is not an excuse, because its EXPEDIENT, not morally righteous. Every time you say that phrase, you expose a huge moral problem with law.
Good-bye
What the fuck is so 'vibrant' about it? Or even 'good' for that matter? Did you miss the part where these assholes trademarked a nickname to describe their gay gamer selves?
Imagine the word we were talking about was "Nerd", and a completely diff group.........yeah.
I try to be a straight shooter...
What's up with this box everyone has to think inside of or outside of? Why does there have to be a box?
I am glad you have come to terms with being prejudiced then. You are wrong not only in the moral sense, but in the legal sense as well. I wonder if the term "Store" is trademarked. I should trademark it and then sue anyone that uses the word when they are trying to sell something.
And you, sir, do not know how to properly use a comma in sentence.
> although I think we're all in agreement that pedophiles are awful, ... ... in the same way that rapists are awful: it is a one-way relationship. Were it more often a two-way relationship, it would not be socially abhorrent. Homosexuality was (and for many people still is) abhorrent, but it is acceptable because of the (most common) nature of the relationship.
> but at that point it's not preference but illness.
It is both.... That the preference shows elements of psychopathology and cognitive distortion (self delusion) makes it an illness.
But regardless of how it is classified, it is not socially acceptable.
IMO, a large variety of socially unacceptable behaviors are classified as "illness" to excuse our attempting to alter them based on how society views the behavior. It wasn't that long ago that homosexuality was a similar "illness". We treat this sort of "illness" more often from OUR desires rather than from those of the "sufferer".
Who are these cretins who attempt to steal commonly used trademarks? I guess this proves the business world is filled full of very low IQ sharks. Clearly, there are loads of morons who honestly believe the law is a crap shoot, and anything is possible in court.
The laws that are constructed to cover the practice of business exist to prevent chaos. Chaos is seen as anti-business. So any business person dumb enough to think the courts will be on his side when he attempts to circumvent the law, and pull a fast one, will be slapped down hard and fast.
The courts will NEVER allow a thief to steal that which belongs to others, just because the thief thinks he appears more 'business like' than the victim. And yet, this is the same basis of this ploy every time it is tried. It is funny how I, and others, can call the result of such cases with 100% accuracy, yet these losers will always allow some bent lawyer to persuade them they have a chance in court.
Also in consideration of refutation:
PlayHer
HimHimORPG
FPenis
Pro-Grammar
Opti-Call Media
HackHer
Best Bi
Amarriedcan
Vaginerd
PrograMen
PedoFiles
Gaymer is a cider.. That's all I have in this! As it was probably the name of a cider before this term was being used on reddit etc
wait, so when "gaymers" play Counter-Strike what are they saying instead of "fag" over and over?
Hummm... I live in Cumberland - I never thought of my town that way.
Posts moderated as +5 Troll ...
What?
+1 Underrated and -1 Overrated moderations do not change the "word" of the score. So if someone receives 1 Troll and 5 or 6 Underrated, it will show up as "+5 Troll". However just 1 Insightful will mess it up and make it list +5 Insightful.
It's America, so he'll be up for execution?
Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"