Wednesday 26 March 2008

Restraint Life Logo

Lyssa Daehlie contacted me about the usage of the RestraintLife logo - especially about the usage of the SL-hand.

- And she is right.

After a short research I found the Trademark FAQ in the SL Knowlegdebase.

Refering to that, #16 is the kind of critical issue.:
16. May I use the Second Life Hand Logo to identify my inworld products and/or services?
Only after getting specific authorization from Linden Research. Such authorization may be requested by emailing our licensing inquiry department. Any use after such authorization will be subject to the License available here.
So. It seems but ok to use the logo for the free viewer, but we have no approval to use that logo with in world products.

I took the SL-hand for the logo from the GPL sources, thinking it is open source / common license. Which it is not, as it seems to turn out (referring to #12 of the FAQ).

So, what can be done?
1. I wrote an email to Linden Lab, asking for permission to use that logo.
2. If they disagree, we are in need of an other logo that does not use any SL symbols


Ressources:
Email to Linden Labs:
From: Mo.Noel
To: contact@lindenlab.com
Subj.: To: licensing inquiry department - Subject: Usage of Linden Lab Logo
Datum: Wed, 26. Mar 2008 10:22:09 +0100

Dear Madam or Sir,

I am participating in maintaining the Alternate Viewer 'Marine Edition' (http://wiki.secondlife.com/wiki/Alternate_viewers#Marine_Edition) more known as 'RestrainedLife viewer'.

It is used by residents that enjoy a more 'real' BDSM experience in their Second Life and is very popular in this community. (http://modesign-faq.blogspot.com/search/label/Topic%3A%20Restrained%20Life)

I have created a icon/logo for that viewer so residents can easily determine RestraintLife compatible in world products. It has already spread by itself and is used by many people in world.

The logo is made of a padlock and the Second Life hand logo - as a symbol for a more locked up second life.
The Secondlife Logo itself is not altered. It is but layed on the padlock symbol, so it will not violate the terms of your Trademark FAQ.
The usage should be free of any charge, for the viewer is open source and free as well.
Nevertheless I noticed, the community still needs approval about "May I use the Second Life Hand Logo to identify my inworld products and/or services?"

Therefore I would like to ask your specific authorization if it is ok to use the SL-logo for that purpose.
A: Usage to identify the Alternate viewer.
B: Usage to identify compatible products (whether they are freebies or not)

(It only makes sense if A and B is granted - if that is not possible, we will use an other logo)

If you disagree, I will spread word about that and stop using that logo. - But I would also know why you disagree. It was never my intention to violate any of your terms and copyrights. I made the logo but out of pure enthusiasm about Second Life and it's possibilities.

I have attached a zip file showing the logo.


If you have more questions about that, please don't hesitate to ask.

I am looking forward for your answer, hoping it is a positive one.



With kind regards,

Mo Noel.



PS: If you disagree, please don't punish me for my favor about Second Life.


Trademark FAQ
The following are some frequently asked questions about Linden Lab trademarks and their usage, including answers.

1. What's the purpose of these FAQs?
This document sets out to answer the common questions which arise about the use of the Linden Trademarks and Logos. While we have made certain code to the Second Life virtual world available at no charge, we strictly enforce our trademark rights. Because of the nature of trademarks, we must enforce our rights in order to keep them valid. This means that, while you have considerable freedom to redistribute and modify elements of our software, there are tight restrictions on your ability to use the Linden and Second Life names and logos, even when built into binaries that we provide.

2. What are the Linden Trademarks and Logos?
The Linden trademarks include, among others, the names Linden, Linden Lab, Linden Research, and Second Life, as well as the Linden Lab Hexagon Design and the Second Life Hand Design logos.

3. Can I distribute any of the Linden viewer software from my website, by CD, or to my friends, employees or students?
Yes.

4. May I download one copy and install the viewer software on lots of machines in my company, school, etc.?
Sure. The Second Life virtual world viewer software is free and open, and there are no fees or notification requirements other than those contained in the GPL.

5. Can I use screenshots of Second Life in my materials?
Yes.

6. May I have high-resolution copies of the logos?
Yes, you can find hi-rez logos here: http://static.secondlife.com/downloads/logos.zip. These logos may not be altered in any way.

7. May I make products like t-shirts or computer wallpaper with the logo on?
Sure, if it's just for you, or if it's for others and no money or other consideration changes hands (although see the question about high-res versions). If you plan to sell merchandise for money or other consideration of value, you must first receive permission from Linden Lab.

8. May I alter the Second Life Hand Logo in some way and use the new logo to identify my inworld products and/or services?
No -- such alteration would violate the copyright in the logo, and its use would violate the trademark rights if the altered mark were confusingly similar to the original logo.

9. May I alter the Second Life Hand Logo in some way and use the new logo to identify my products and/or services that are related to the Second Life world?
No -- again, such alteration would violate the copyright in the logo, and its use would violate the trademark rights if the altered mark were confusingly similar to the original logo.

10. The logos themselves are the trademark, but the actual logo files are in the domain of copyright. You could release the files under an open source license while maintaining trademark rights. Why don't you do that?
Because it would gain nothing, and lead to far more infringing uses of our marks. In practice, there is no use for the files except as expressions of our trademarks, so the rights associated with an open source license don't add anything.

11. Doesn't having trademark restrictions contravene the principles of free software?
No. Many free software licenses explicitly exclude rights to trademarks, and so trademark restrictions on otherwise free software are accepted by the community. We are using our trademarks as a mark of quality to protect consumers -- we think this is very much within the principles of free software.

12. Isn't having the logo files under a different license incompatible with the GPL?
No -- because the logo files are not part of the program itself (e.g., the Second Life virtual world), they are simply data used by that program, and changing the logo data has absolutely no effect on the functional use of the program. We therefore believe that licensing of the logo files themselves is outside the scope of any GPL terms that might be applied to other Linden source files.

13. May I use the term SECOND LIFE to identify my inworld products and/or services?
Yes, subject to the License available here.

14. Can I use "secondlife" in a url describing my business or project?
If you want to include all or part of a Linden trademark in a domain name, you have to receive written permission from Linden. People naturally associate domain names with organizations whose names sound similar. Almost any use of a Linden trademark in a domain name is likely to confuse consumers, thus running afoul of the overarching requirement that any use of a Linden trademark be non-confusing.

15. May I use the term SECOND LIFE to identify my products and/or services that are not offered inworld, but that relate to the Second Life world, such as fan-sites, blogs, etc.?
Yes, subject to the License available by writing licensing at lindenlab.com

16. May I use the Second Life Hand Logo to identify my inworld products and/or services?
Only after getting specific authorization from Linden Research. Such authorization may be requested by emailing our licensing inquiry department. Any use after such authorization will be subject to the License available here.

17. May I use the Second Life Hand Logo to identify products and/or services that are not offered inworld, but that relate to the Second Life world, such as fan-sites, blogs, etc.?
Only after getting specific authorization from Linden Research. Such authorization may be requested by emailing our licensing inquiry department. Any use after such authorization will be subject to the License available here.

[SL Trademark FAQ, 2008-03-26]


No comments: