Under New Rules, Obama Avatars (and lots of other stuff) Will Disappear from Second Life

August 12, 2009 -

Recently, GamePolitics reported on the availability of Barack and Michelle Obama avatars for use in Second Life.

But it seems that those virtual depictions of the President and the First Lady are destined to have short careers.

New World Notes reports that, beginning next month, SL publisher Linden Lab will implement strict new rules on the sale of real-world products and brands - including depictions of actual celebrities. Barack Obama and Angelina Jolie avatars are specifically referenced as examples of prohibited content in the new Linden Lab guidelines.

Readers may recall that stun gun manufacturer TASER, Inc. brought a trademark lawsuit against Linden earlier this year over virtual copies of its weapon which were being sold by third-party content creators for use in Second Life. The suit was later dropped, but the new SL guidelines are almost certainly a response to such legal concerns.

As New World Notes mentions, enforcing the new policy may be problematic for Linden Lab:

While I'm not a lawyer, I would think avatar imitations of celebrities, especially political figures, would fall under the parody safe harbor of fair use. In the real world, you can still buy an unauthorized Barack Obama mask for Halloween. Not so in Second Life very soon...

 

The biggest challenge to this policy, in any case, is likely to be the SL content creation community itself, who often do reference the real world in their works, but are still proprietary about their products.


Comments

Re: Under New Rules, Obama Avatars (and lots of other ...

so to go around this rule would be to make bootleg knock off parody versions of the items and avatars and the names.

Re: Under New Rules, Obama Avatars (and lots of other ...

 If it's Bush and your trying to make him a Nazi I bet it's allowed but dare you not showth the Messiah!

Re: Under New Rules, Obama Avatars (and lots of other ...

I think this has more to do with the fact that second life has a lot of creepy pervs that would love to have a virtual Obama screwing some furry

and considering the mass effect fiasco I could easily see FOX news running a story on Obama's "Secret beastiality" or something especially considering the political leanings of the network

I think this could be for preventing stuff like that

There have always been motherf*ckers, there will always be motherf*ckers, but what we can't do is let them control our motherf*cking lives. -John Oliver, December 1st, 2008

There have always been motherf*ckers, there will always be motherf*ckers, but what we can't do is let them control our motherf*cking lives. -John Oliver, December 1st, 2008

Re: Under New Rules, Obama Avatars (and lots of other ...

I think the big issue here is people are making the av's and such and selling them, if they were tradeing them for free there would be more room for fair use and parody claims.


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

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Re: Under New Rules, Obama Avatars (and lots of other ...

I can conceive of nothing wrong with offering copyrighted, trademarked, or otherwise branded items as long as an unathorized source is getting paid. Receiving payment for the trademark or work of others without license seems a bit shady though.

So NO pre-existing copyright or trademark may be used regardless of licensed monetary commission?

Re: Under New Rules, Obama Avatars (and lots of other ...

I take it you meant "authorized source?"

Re: Under New Rules, Obama Avatars (and lots of other ...

I believe celebrities can copyright their image but politician's visages are fair game as, to my knowledge, they can't be copyrighted or protected by their owners. If this were not the case you'd have politicians doing it to 'protect' their image from political cartoons that display them in a less-than-favourible light.

I don't think the rules will be as strict as LL are suggesting due to the fact that a pretty significant portion of their user base would be against it.

Re: Under New Rules, Obama Avatars (and lots of other ...

what about Jack Thompson? didn't he try to stop a Photoshop contest about him?

岩「…Where do masochists go when they die?」

岩「…I can see why Hasselbeck's worried about fake guns killing fake people. afterall, she's a fake journalist on a fake news channel」

Re: Under New Rules, Obama Avatars (and lots of other ...

I know he tried to sue Midway because someone made him in a Mortal Kombat game, and he tried to sue a buddy icon website because there was a character in a suit gettign injured that vaguely resembled him.

Re: Under New Rules, Obama Avatars (and lots of other ...

Everyone has the sole right to exploit their image and likeness unless they've licensed that right to another or others. Political cartoons are an excluded "fair use," usually as either satire or parody or both. 

Re: Under New Rules, Obama Avatars (and lots of other ...

What about politicians? I doubt all the crappy Obama merchandise that's available for sale is in any way licensed from Obama.

 

Re: Under New Rules, Obama Avatars (and lots of other ...

If it isn't falling under the fair use doctrine, then I assume there's some calculation that a sitting politician, particularly one with as high a profile as the POTUSA, isn't going to spend their time tracking down and suing unauthorized users of their image and likeness. Best that I know, the mere fact of holding elected office doesn't negate one's rights to the use of their image and likeness.

 
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Matthew Wilsonthis is a nice video on P.T https://www.youtube.com/watch?v=K-85jO6nRNQ05/25/2015 - 11:57pm
Matthew Wilsonmaybe, but its still kinda sad even as a joke.05/25/2015 - 11:51pm
Goth_SkunkThe best commentary is delivered through humour.05/25/2015 - 11:36pm
Andrew EisenIt's not needed. It's a joke. Albeit one with quite a bit of commentary packed into it.05/25/2015 - 10:59pm
Matthew Wilsonmot game related, but still interesting. http://www.polygon.com/2015/5/25/8654983/jurassic-world-chris-pratt-apology the fact that this is even needed in modern culture is a embarrassment.05/25/2015 - 10:26pm
Matthew Wilsonyeah, but with no voice chat its doa.05/25/2015 - 9:48pm
TechnogeekYet, you're going to be hard-pressed to find anyone other than insecure 2EDGY4U teenagers seeing it as anything other than an extremely fun game.05/25/2015 - 8:36pm
TechnogeekSplatoon's probably the best example at this point. Gameplay-wise, it's a team-based third-person shooter with a significant online component. It's rated E10.05/25/2015 - 8:36pm
TechnogeekThe silliest thing about most of the Nintendo hatred is that they may be the last company that interprets "family-friendly" as meaning "fun for more than just the really young kids".05/25/2015 - 8:33pm
ZippyDSMleeWell it could be worse, like skyrim out of the box, a shame DAI dose not have that level of editing...05/25/2015 - 5:58pm
Zenpretty well without getting "nasty". Many people are disappointed in the decision and the about face on the status of the games development.05/25/2015 - 4:22pm
ZenEvery market has horrible people...but being like this towards all of them in a group is not a way to garner support and can make people more hostile towards you. Ironically his response was to someone that wanted to state a disagreement, but worded it05/25/2015 - 4:22pm
Goth_SkunkAs demonstrated by Ian's remarks, that 'market of possible fans' is apparently negligible.05/25/2015 - 4:18pm
Zeninformation while other versions had everything talked about openly.05/25/2015 - 4:15pm
ZenYeah, I've read through it and wanted to make sure I had it quoted correctly. I get there are issues, but this is horribly unprofessional and just burning a market of possible fans..many of which supported them and were waiting while getting little to no05/25/2015 - 4:15pm
Goth_SkunkOh wow. That's not even misquoted, he actually said that. Though for additional context in previous pages, he truly does not think highly of Nintendo console owners, and claims that in the industry, he's not alone.05/25/2015 - 4:12pm
ZenI also took a screenshot of the statement in case it is taken down (via my Twitter): https://twitter.com/zenspath/status/60293960536562483205/25/2015 - 4:05pm
ZenLink for my previous post - http://forum.projectcarsgame.com/showthread.php?27584-Project-Cars-Sales-figures&p=942776&viewfull=1#post94277605/25/2015 - 4:03pm
ZenProject Cars basically canceled for Wii U, Slightlymad Studios Head, Ian Bell, states "Yup, and if you need to pass this on, we really dislike Nintendo users" on Forum to Wii U players waiting for the game and disappointed in the news.05/25/2015 - 4:03pm
Goth_SkunkAnd now, a humorous gif. Oblivious Otter is Oblivious. http://i.imgur.com/zdUZOWo.gif05/25/2015 - 3:49pm
 

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