Polish IP & IT law » 2007

Archive for: November, 2007

November 28th, 2007, Tomasz Rychlicki

It’s a very interesting project and it has a disclaimer that I liked the most, but I am more interested in Lucasfilm Ltd. reaction regarding this issue.

STAR WARS SHADOWS OF THE EMPIRE: GRAPHIC ADVENTURE
UNOFFICIAL FREEWARE FANGAME

Star Wars, Shadows of the Empire, Death Star and all other names, characters, situations, music related to Star Wars are registered trademarks of Lucasfilm L.t.d., LucasBooks, George Lucas, John Williams and all other trademarks are the property of their respective owners.

Death Star Games is NOT affiliated in any way to Lucasfilm L.t.d. We don’t intend to break any copyright. Death Star Games and Shadows of the Empire: Graphic Adventure are no-profit fan made works; the fangame is distribuited for free. Death Star Games is NOT responsible for any eventual selling of the game that should be considered always unauthorized. In order to prevent that possibility, the program will contain explicit statements of its no-profit nature from the title screen.

The fangame project may exist (and has been started) thanks to the tolerance policy notoriously applied with farsightedness by Lucasfilm L.t.d. to no-profit Star Wars initiatives like this one or the well known Fan Films, that require an enormous amount of non-paid work of passion that doesn’t damage in any way the legal rights owners, preparing instead the advent of official products, that the fandom eagerly waits for. This tolerance policy is, in fact, the same that applies to all websites, Fan Films, small fan games, etc. dedicated to the Star Wars universe, which provide copyrighted material: the common trait is the free sponsorization of the Star Wars franchise than fans carry on, spreading their knowledge and love for the saga.
If these projects would be stopped, the fandom would collapse carrying with it the Star Wars economical success.

SOTE:GA does not contain elements such as volgarity, violence, etc alien to the pure spirit of the Star Wars saga, to which we try to remain faithful. The adventure game includes original sections that are result of our fantasy, but they’re created so to match the rest of the established saga, just as happens with every fan film: an unofficial free interpretation.

But, most important, Death Star Games -to advantage of Lucasfilm L.t.d. and its affiliates- openly and publicly renounces to claim in every situation, every condition, every circumstance, every way, every form and forever its authorship and its rights even on all the original elements of the fan game, since they’ve been created in a fictional world that is totally intellectual property of Lucasfilm L.t.d. and its affiliates.
If one or more original elements, situations, characters, names, details, etc. featured in this game would be used in the future -in any form, circumstance, medium- by Lucasfilm L.t.d. and its affiliates, either for an eventual choice motivated by the appreciation of that element, or for preexisting or future projects identical to it, such a use will be welcomed and will be done in complete freedom without any reference or credit to DS Games, who renounces to claim the authorship of those elements and publicly donates them to Lucasfilm L.t.d. and its affiliates and considers them, forever, intellectual property of Lucasfilm L.t.d. and its affiliates, who can use them as their registered trademarks and products of their genius.

The fans working on SOTE:GA pledge therselves officially and publicly to that commitment.

Death Star Games

Davide Canavero

Turin, Italy, january 13 2005.

More details available at dsgames.guerrestellari.net website.

Categories: copyright law.

Quo vadis US patent law?

November 28th, 2007, Tomasz Rychlicki

Abstract
A method of swing on a swing is disclosed, in which a user positioned on a standard swing suspended by two chains from a substantially horizontal tree branch induces side to side motion by pulling alternately on one chain and then the other.

Patent number: 6368227
Filing date: Nov 17, 2000
Issue date: Apr 9, 2002
Inventor: Steven Olson
Primary Examiner: Kien T. Nguyen
Attorney: Peter Lowell Olson

The U.S. patent no. 6,368,227.

Categories: US law | patent law.

Problems with viral ads

November 26th, 2007, Tomasz Rychlicki

Did I foretell evil or legal problems in my earlier post?

About This Video: http://lingerie-uk.blogspot.com discovered this evening that one of the most successful viral advert campaigns ever to run in the UK has ran right off the rails.

Whilst visitors to the Wonderbra UK website are still greeted by the self congratulatory message about how the ad is an internet sensation, when they click the invitation to ‘watch it here’ they land on You Tube with with the disappointing red text ‘This video has been removed by the user’.

It raises some interesting issues, we don’t yet know why Wonderbra have taken it down but if it was for copyright infringement what happens next? It is the nature of a viral advertisement campaign, which releases material on the internet to be propagated via social networks and video hosts, that once it is out there it is out there! Already there are eighteen other copies of it on You Tube alone, not to mention copies now emerging on other video hosting services.

See this movie on YouTube:

If they are going to remove this video one after another I got my local copy. If someone of you is interested about it then let me know.

Categories: brands | copyright law | movies.

November 22nd, 2007, Tomasz Rychlicki

It is not my personal statement or motto, but a disclaimer I spoted when looking at “Banksy: Wall and Piece” book published by The Random House Group. For all of you who are really interested or do not believe me I put a scan (JPG file, 167KB) of the page where you can easily find this at least provoking sentence.

Categories: copyright law.

Poland: special courts for trade mark cases

November 21st, 2007, Tomasz Rychlicki

The Polish daily newspaper Rzeczpospolita has published an article, imprecisely entitled “Patent Courts will deal with trade marks“. It briefly describes a new initiative of the Polish Ministry of Justice (PMJ), which is also warmly supported by the Polish Chamber of Patent Attorneys and the Polish Patent Office (PPO). In essence, the Voivodeship Administrative Court in Warsaw is currently the only court dealing with procedural complaints regarding the PPO’s decisions (for example invalidation of issued patents or trade marks). Those proceedeings are governed by the Administrative Proceedings Code. Trade mark infringment cases are heard and decided by common courts on the basis of civil procedure. Such a separation is a big obstacle in to prompt decision making. Trade mark attorneys also complain about the quality of such judgments. According to Rzeczpospolita, the PMJ wants to propose a bill that would introduce within the Polish legal system a unified judicial system to solve these problems.

versus

November 18th, 2007, Tomasz Rychlicki

Those advertising movies presented below although they apply to trademarks they are also a great example that ideas should not be copyright protected or proprietarized in any way. Cadbury’s ad was first. A propos – I think those are delicious sweets. And it is not a hidden marketing or advertising here. It’s just a small opinion of an excessive consument.

See this movie on YouTube:

Then came the Wonderbra’s ad. I even like these two ads, errr I mean this ad, this AD!

See this movie on YouTube:

The track was removed due to complaints.

And here is a very interesting example of “comparative advertising”. Enjoy.

See this movie on YouTube:

The track was also removed due to complaints.

Categories: advertising law | copyright law | movies | trademark law.

November 17th, 2007, Tomasz Rychlicki

I have a lot of fun with searching for law related jokes in different movies lately. As you can see I do not mean movies with flesh and blood actors and stories related to court rooms cases. Bee Movie is a really good production so I recommend you to go to a cinema. There are such releases as Bee.Movie.REPACK.TS.XviD-PreVail in the Internet of course, but nothing can replace a big screen. My favourite quotes? When Barry B. Benson (the bee on the right) comments on the suit against humans.

When I’m done with the humans they won’t be able to say “Honey I’m home” without paying a royalty

But the most accurate statement regarding the whole “legal issue” was presented by Mooseblood who is his mosquito friend (on the left), when he was asked whether he is a lawyer too.

Ma’am I was already a bloodsucking parasite. All I needed was a briefcase.

Categories: copyright law | law | trademark law.

November 15th, 2007, Tomasz Rychlicki

My German friend or should I write mein Freund aus Deutschland, has sent me a link to the post available at www.supertouchblog.com website.

Islington’s city workers were now being trained as art conservators (using taxpayers’ funds) so that they are able to touch up and otherwise mend Banksy’s street installations that get defaced by other taggers

He also added his short comment on this whole issue.

Interesting how the categories legal/illegal fade away, once a streetart or graffiti “artist” is financially successful and recognized by the public.

I think there is more interesting questions not only concerning Banksy’s art, although moral rights or personal authors rights to ilegally placed graffiti or stencils seems to be the most controversial in this case. I recommend you to search for more information about the term brandalism, for which some sources give credits to Banksy. There are some others.

Brandalism [is] the creeping corporatisation of schools, libraries and other public buildings, which are gradually being daubed with company logos and slogans. The process is all too common in the United States and it is starting to happen here. Have you been in a Yahoo! taxi yet?

“A new industry, a new language,” The Daily Telegraph, April 5, 2001

Brandalism – The increased “defacing” of schools, libraries, and other public spaces with logos, advertisements, and corporate slogans.

Gareth Branwyn, “Jargon Watch”, Wired, February 1999.

Categories: brands | copyright law.

November 13th, 2007, Tomasz Rychlicki

Would you like to know why am I into IP law issues? The answer is really brief and short. Because I will not have the opportunity to meet with so much creativity and originality in other fields of law. I have always a chance to talk with very interesting clients and sometimes there is also a lot of great humor involved. The movie clip I present below only strengthen me in this feeling.

See this movie on YouTube:

As a bonus and for your comparision here is also a clip with original Danio’s advertising.

See this movie on YouTube:

Categories: advertising law | brands | internet marketing | movies.

political promotion or provocation?

November 12th, 2007, Tomasz Rychlicki

Couple months ago the world saw Mikhail Gorbachev promoting Louis Vuitton products.
(…)
Outwardly, you will not see anything strange on Annie Leibovitz’s photo. Gorbachev is sitting at the rear seat of a car and Louis Vuitton bag lies near him filled in full. There is a Russian newspaper on the top. If you look close, very close, you’ll see what’s on its cover…
(…)
The title written in Cyrillic alphabet says “The Murder of Litvinenko: They Wanted to Give Up the Suspect for $7,000″.

More details and some pictures are available in the article at gazeta.pl website.

Categories: advertising law | democracy.