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 Post subject: Unlicensed merchandise
PostPosted: Fri Apr 02, 2010 3:20 pm 
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Bull Moose
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Let us address the issue of unlicensed merchandise, the stuff that is so obviously in violation of one or more copyrights, and yet is so appealing to the underground market. Today I give you an unlicensed rip-off of a boy wizard, a video game hero, a nationally recognized name, and a trucker rose decal.

Spoiler:
Image


Now, would you or your kid proudly wear this ridiculous backpack as a general protest? Or would your general sense of lawfulness prohibit your ownership of such merchandise and inspire you to report the vendors to the proper authorities?

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PostPosted: Fri Apr 02, 2010 3:28 pm 
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Rihannsu Commander

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fairly certain this would fall under the category of parody or satire in which case its totally legal.


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PostPosted: Fri Apr 02, 2010 3:32 pm 
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Kitchen Temptress
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No worse than the peeing or praying Calvins.

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PostPosted: Fri Apr 02, 2010 3:33 pm 
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Noli me calcare
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If they were roses, I'd be up in arms demanding change, but since they're tulips...meh.


TheRiov wrote:
fairly certain this would fall under the category of parody or satire in which case its totally legal.

fairly certain that US law doesn't matter to the purveyors of said backpack.

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PostPosted: Fri Apr 02, 2010 3:44 pm 
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Near Ground
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Taamar wrote:
No worse than the peeing or praying Calvins.

Image Image

I hate those fracking things. Bill Watterson has so much integrity he's fought tooth and nail to keep the characters from being merchandised, so as not to cheapen them.

I wish the purveyors of those decals would be permanently shut down, and slapped with several millions dollars of fines for copyright infringement, but I doubt that'll happen. I can hope, though.

On a side note, I've seen both of them, but I'd say the split is around 90/10, with the bulk of decals being the "peeing" Calvin.


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PostPosted: Sun Apr 04, 2010 12:55 am 
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Is there some symbolism in the fact that Peeing Calvin is peeing on Praying Calvin?


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PostPosted: Sun Apr 04, 2010 8:17 am 
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I've never actually seen the praying Calvin decal on a car.


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PostPosted: Sun Apr 04, 2010 11:16 am 
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OMG it's everywhere here. Especially if I go down to Colorado Springs where Focus on the Family is headquartered.


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PostPosted: Sun Apr 04, 2010 11:31 am 
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Rihannsu Commander

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are you suggesting that cutting down on unlicensed merchandise is not a family value? ;-)


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PostPosted: Sun Apr 04, 2010 12:07 pm 
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Bull Moose
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I'd rather say that educating people that unlicensed merchandise is theft of a person's property is a sin as well as a crime is a more moral stance. As individuals we cannot stop people from committing crimes or sinning, we can only let them know they are doing it and leave it to them to govern their own actions.

Reporting abuses of this kind are usually futile efforts unless you can locate the manufacturer and distributor. Even then you will usually run into a large wave of apathetic behavior from the authorities unless they get pressure from above. Best method is to alert the management of the intellectual property right owners and see if they care enough to take their own legal action.

As Vindi inferred above, US (and copyright/trademark) law is not a major concern to most manufacturers of unlicensed merchandise.

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The U. S. Constitution doesn't guarantee happiness, only the pursuit of it. You have to catch up with it yourself. B. Franklin

"A mind needs books like a sword needs a whetstone." -- Tyrion Lannister, A Game of Thrones


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PostPosted: Mon Apr 05, 2010 1:27 pm 
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Quote:
A Fukudome T-shirt with a racist image is the hottest-selling item at a souvenir stand that sells unlicensed Cubs-related merchandise across Addison Street from the ballpark, according to Mark Kolbusz, who’s in his fourth season operating the stand.

On the front of the shirt is the traditional Cubs cartoon bear face but with slanted eyes and wearing oversized Harry Caray-style glasses. It’s accompanied by the words ”Horry Kow,” scrawled in cartoonish ”Japanese” script. Fukudome’s name and number are on the back.

”That’s the No. 1 seller this year, by far,” said Kolbusz, who estimates one in 10 customers complain about being offended.

While Kolbusz was answering questions, two white guys stopped by the stand and pointed at the shirt, with one affecting a 1960s B-movie accent while reading aloud the words on the shirt.

His friend responded in a similar offensive accent, ”Oh, you tink dat funny?”

They walked away laughing.

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PostPosted: Mon Apr 05, 2010 6:26 pm 
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ROFL~ that's so cute...!

I want one :oops:


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PostPosted: Mon Apr 05, 2010 8:51 pm 
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pbp Hack
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Sometimes people just aren't aware or pay attention to the fact that the items were not merchandised.

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PostPosted: Tue Apr 06, 2010 11:16 am 
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Oberon's Playground
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Micheal wrote:
theft of a person's property

No, it's really not. Not at all. Copyright violations are not, never has been, and never will be, morally, legally, or in any way analogous to theft. As the USSC decided, the infringer treads upon rights exclusive to the copyright holder, but he does not deprive the holder of those rights or access to them, which is a requirement for "theft." It is against the law, but it is not "theft."

Quote:
a sin


Best way to promote something as a good idea--slap a religious taboo on it.


Anyway, people who make unlicensed merchandise like this are actually violating one of the few elements of current copyright law I support -- only the copyright holder should be able to profit from (or at least, authorize who can profit from) copyrighted work. If someone makes this stuff themselves for their own use, or gives it away, without charging for it, then they are doing nothing wrong and my reaction is only governed by whether I found it entertaining.

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Well Ali Baba had them forty thieves, Scheherezade had a thousand tales
But master you in luck 'cause up your sleeves you got a brand of magic never fails...
...Mister Aladdin, sir, What will your pleasure be?
Let me take your order, Jot it down -You ain't never had a friend like me

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