Minecraft Hit With Legal Complaint From Golf Company

Worgen

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Whatever, just wash your hands.
Oskuro said:
People, calm down. Companies need to enforce their copyrights less they lose them.

This seems like a case of lawyers not doing their homework before launching their C&D letters, but that's the only thing they can be blamed for. Which, in general, is an easy mistake to make for people who, until rather recently, didn't have to deal with user created content.

I'm betting these particular lawyers will never make this mistake again.
Your first statement if factually wrong, you can't take someone else's copy-write by creating something and calling it the same name. It doesn't matter if they defend them or not.
 

Steve the Pocket

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Worgen said:
Oskuro said:
People, calm down. Companies need to enforce their copyrights less they lose them.

This seems like a case of lawyers not doing their homework before launching their C&D letters, but that's the only thing they can be blamed for. Which, in general, is an easy mistake to make for people who, until rather recently, didn't have to deal with user created content.

I'm betting these particular lawyers will never make this mistake again.
Your first statement if factually wrong, you can't take someone else's copy-write by creating something and calling it the same name. It doesn't matter if they defend them or not.
He probably meant trademark. For some asinine reason, in the States, you can indeed kill someone's trademark rights to a brand name if enough people use it to refer to things other than their products. (Like using "putt-putt" as a nickname for mini-golf in general. Probably why this company has taken to sending legal notices to everyone and their cat.) It's a law that has only caused problems for rightsholders and the general public alike, but there's never been a concerted effort to repeal it.
 

Worgen

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Whatever, just wash your hands.
Steve the Pocket said:
Worgen said:
Oskuro said:
People, calm down. Companies need to enforce their copyrights less they lose them.

This seems like a case of lawyers not doing their homework before launching their C&D letters, but that's the only thing they can be blamed for. Which, in general, is an easy mistake to make for people who, until rather recently, didn't have to deal with user created content.

I'm betting these particular lawyers will never make this mistake again.
Your first statement if factually wrong, you can't take someone else's copy-write by creating something and calling it the same name. It doesn't matter if they defend them or not.
He probably meant trademark. For some asinine reason, in the States, you can indeed kill someone's trademark rights to a brand name if enough people use it to refer to things other than their products. (Like using "putt-putt" as a nickname for mini-golf in general. Probably why this company has taken to sending legal notices to everyone and their cat.) It's a law that has only caused problems for rightsholders and the general public alike, but there's never been a concerted effort to repeal it.
Unless you can point to where trademark law says that, I'm calling bs. The only way I can see common usage having any chance of invalidating a trademark is if the morons who claimed the trademark were trying to trademark some common word, like 'monster' or 'edge' and were vigorously trying to prove that it was theirs by endless lawsuits, which has happened and it bit the 'edge' guy right in the ass.
 

rasputin0009

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Roander said:
Aedes said:
Of course it will end up in nothing.
I don't really blame Putt-Putt for the random C&D order because as [a href="http://www.minecraftforum.net/news/848-mojang-to-cease-and-desistputt-putt/"]it was said on the Minecraft forums[/a], it's just easier for them this way.

Check the quote yourself.
Minecraft Forums said:
Often, the legal department of a company will automatically send cease-and-desist letters to anything their searches turn up that might match their criteria, without reviewing the material in detail. This can seem like a senseless action to anyone who's not been a part of a major corporation's legal team; however, they often have oceans of these kinds of claims to sort through, and it's often simpler to send out blanket requests, with the expectation that legitimate claims will be responded to. For the rest of us, it can result in hilarious misfires, like this one.
How does 'easier' make it acceptable? Just sending letters to people threatening legal action when you haven't even bothered to check whether any such action is warranted is incompetent and irresponsible. If this is just one case where the lawyers got confused or didn't do a good job checking their facts then yes, it's hilarious, but what's described in that forum post sounds like general harassment.
General harassment = American judicial system = Money. Why make money honestly when you could use lawsuits?
 

Andrew_C

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Worgen said:
Unless you can point to where trademark law says that, I'm calling bs. The only way I can see common usage having any chance of invalidating a trademark is if the morons who claimed the trademark were trying to trademark some common word, like 'monster' or 'edge' and were vigorously trying to prove that it was theirs by endless lawsuits, which has happened and it bit the 'edge' guy right in the ass.
You are wrong, it's a legal concept called trademark dilution. For example, Google has to continuously defend their trademarks (see http://www.google.com/permissions/trademark/rules.html ), as "google" has become synonymous with searching for something on the Internet. Many words like heroin, aspirin, hoover and video tape used to be trademarks but lost their protection as they became generic terms.

See http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks and http://en.wikipedia.org/wiki/Generic_trademark for more detail
 

Charli

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Oh shit better let them know they can sue microsoft for it's paint tool as well!

 

Infernal Lawyer

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Aedes said:
Of course it will end up in nothing.
I don't really blame Putt-Putt for the random C&D order because as [a href="http://www.minecraftforum.net/news/848-mojang-to-cease-and-desistputt-putt/"]it was said on the Minecraft forums[/a], it's just easier for them this way.

Check the quote yourself.
Minecraft Forums said:
Often, the legal department of a company will automatically send cease-and-desist letters to anything their searches turn up that might match their criteria, without reviewing the material in detail. This can seem like a senseless action to anyone who's not been a part of a major corporation's legal team; however, they often have oceans of these kinds of claims to sort through, and it's often simpler to send out blanket requests, with the expectation that legitimate claims will be responded to. For the rest of us, it can result in hilarious misfires, like this one.
Okay, what? Stop me if I'm on the wrong track, but does that mean that if I'm actually infringing copyright (e.g. making a blatant Sonic the Hedgehog clone) and I get a letter, I can just ignore it and hope that it was just one of those automatic-C&D letters?

In any case, it's still stupid. This 'guilty until proven innocent' nonsense corporations are so fond of has to stop.

Halyah said:
When I saw the name in question, the first thing I thought about was a series of games, one of which I played, from my childhood: http://en.wikipedia.org/wiki/Putt-Putt_%28series%29
For some reason I can still recite the intro song from 'Putt Putt saves the zoo' word for word... Kind of worrying since I have a pretty bad memory otherwise...
 

Strazdas

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Roxor said:
This has got to be a joke. How do they expect this nonsense to be enforced when the developer has zero control over the community?
well, when someone made a mod for GTA game, rockstar was forced to remove all the existing gmaes form the market and repalce them with ones that do not allow mods.
the mod was called hot coffe.
it was a scandal
because you know, you can get legal reprecussions for fan made mods. yay crazy legal system?
 

Ed130 The Vanguard

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Infernal Lawyer said:
For some reason I can still recite the intro song from 'Putt Putt saves the zoo' word for word... Kind of worrying since I have a pretty bad memory otherwise...

I can't believe I forgot about Putt-Putt!

Silly golf lawyers are silly. Not much more that needs to be said.
 

Roxor

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Strazdas said:
Roxor said:
This has got to be a joke. How do they expect this nonsense to be enforced when the developer has zero control over the community?
well, when someone made a mod for GTA game, rockstar was forced to remove all the existing gmaes form the market and repalce them with ones that do not allow mods.
the mod was called hot coffe.
it was a scandal
because you know, you can get legal reprecussions for fan made mods. yay crazy legal system?
A legal system which lets someone sue a developer over the actions of their customers isn't merely crazy. It's utterly broken and is in dire need of being scrapped and replaced with something which works.
 

Strazdas

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Roxor said:
Strazdas said:
Roxor said:
This has got to be a joke. How do they expect this nonsense to be enforced when the developer has zero control over the community?
well, when someone made a mod for GTA game, rockstar was forced to remove all the existing gmaes form the market and repalce them with ones that do not allow mods.
the mod was called hot coffe.
it was a scandal
because you know, you can get legal reprecussions for fan made mods. yay crazy legal system?
A legal system which lets someone sue a developer over the actions of their customers isn't merely crazy. It's utterly broken and is in dire need of being scrapped and replaced with something which works.
and yet currently it is supported by both the public and the government and even made mroe rigerous with variuos SOPA variant attempts. the whole copyright system has to be completely scrapped and redone because it was created solely to benefit people with most money.
 

direkiller

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balberoy said:
This comes from the country why in the whole world on coffee mugs
is a safety line. "Caution hot" cause hot coffee
http://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants
I'm willing to give them a break on that one. People expect the coffee to be hot, not 190 °F/88°C in a cheep cup and give you 3rd degree burns hot.
 

Olrod

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direkiller said:
balberoy said:
This comes from the country why in the whole world on coffee mugs
is a safety line. "Caution hot" cause hot coffee
http://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants
I'm willing to give them a break on that one. People expect the coffee to be hot, not 190 °F/88°C in a cheep cup and give you 3rd degree burns hot.
It's more glaring when a packet of peanuts states: "May contain nuts" on the packaging.

Oh wait, that's the UK... http://www.bbc.co.uk/news/uk-england-manchester-22308165

A supermarket chain has withdrawn bags of nuts - after failing to declare they may contain peanuts.