Minecraft Hit With Legal Complaint From Golf Company

 Pages PREV 1 2
 

It's like all those many many many many MANY times that the customer blames me, the cashier, because we're out of [insert obscure item here].

I feel the same annoyance towards Putt Putt as Big Deal Customer #9001.

As far as I can see it seems that, even if they wanted to, there isn't much Mojang can do here. They aren't producing the content, nor are they hosting it.

What I find funny about this is that I just googled putt putt.

10 pages into the 'normal' search there is nothing to do with minecraft.

Scrolled a decent way through image search... nothing for minecraft.

Video search? 5 pages in... nothing.

Look at their search terms. They actively put in a MineCraft keyword to bring the result they want up.

You know something? There is a childrens cartoony games series called Putt Putt. Maybe THEY should be sued for using their trademark!

Surely the term putt putt has gone generic? I've lived in several countries and it's certainly the normal term for mini golf in all of them. I wasn't even aware there was a Putt Putt company until now.

Next thing you know, movie studios will be blaming Sony, Canon, and Nikon for people recording movies in the theater.

P.S. Thanks

Oskuro:
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.

Worgen:

Oskuro:
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.

Well, they have no ground to stand on. Mojang is not responsible of user-made content.

Steve the Pocket:

Worgen:

Oskuro:
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.

Roander:

Aedes:
Of course it will end up in nothing.
I don't really blame Putt-Putt for the random C&D order because as it was said on the Minecraft forums, it's just easier for them this way.

Check the quote yourself.

Minecraft Forums:
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?

Worgen:

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

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

Aedes:
Of course it will end up in nothing.
I don't really blame Putt-Putt for the random C&D order because as it was said on the Minecraft forums, it's just easier for them this way.

Check the quote yourself.

Minecraft Forums:
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:
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...

Roxor:
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?

Infernal Lawyer:

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.

Strazdas:

Roxor:
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.

Roxor:

Strazdas:

Roxor:
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.

balberoy:

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/88C in a cheep cup and give you 3rd degree burns hot.

direkiller:

balberoy:

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/88C 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.

 Pages PREV 1 2

Reply to Thread

Log in or Register to Comment
Have an account? Login below:
With Facebook:Login With Facebook
or
Username:  
Password:  
  
Not registered? To sign up for an account with The Escapist:
Register With Facebook
Register With Facebook
or
Register for a free account here