Operation L****k removed

[Messiah 2]

just been reading over at OFPEC and they've been forced to remove toadies mission due to copyright infringement on the Lojack name.... or something like that...

Its a registered Trademark i assume, hence couldn't be used in a mission - but if some1 has decided what is such a small thing up, think of all those mission makers using copyrighted music in their missions...

hope toady can clear some things up?

[theavonlady 2]

I'm still hosting Operation LowJack on the MOM section at The FAQ and I'm waiting for my legal notice.

This is the stupidist thing I've ever heard. What notice did OFPEC receive?

[Messiah 2]

they havn't said - but all i can think that has been challenged is using the name 'LoJack' as that's what is Trademarked... the scripting can't be trademarked... he'll just have to call it Operation Tracker

maybe OFPEC will clear things up, but they must have recieved some notice from some1, as they have plenty of copyrighted stuff in missions in the form of music etc.

[SpeedyDonkey 0]

Trademark.. in my pants  

Edit: We wan't more info!

[theavonlady 2]

Incidentally, a solution to this is to rename the mission Operation Low Jack, instead of Lojack. I hope that makes the Lojack company happy.

[Messiah 2]

From what i've gathered, its a Car Alarm company who produce a car alarm that can be tracked (like the UK tracker system) by police cars who have the reciever fitted... it works on a simliar process to toadies script, but doesnt use beeps, just a signal bar i think (long time since i saw it on tv)...

the Lojack name is most likely the culprit - as they can't touch the scripting, because it's not theirs

[MSpencer 0]

It might not even be someone from the company though. I've had stuff like this happen, where people think it's funny to say they represent a company.

You can usually tell by email address.

[Messiah 2]

then i somehow doubt OFPEC have been fooled by:

LoJack@hotmail.com

[BoweryBaker 0]

I think its another case of the craps. Thats just like people griping about not making children units. They should have waited till they received an actual notice from the lojack company. I bet they didn't, i just know they crapped out early. I got that feeling.

[Messiah 2]

ermmm... its been released for a good few months... so it aint that - and if they were worried about copyrights, how about all those missions that use custom music that is copyrighted

[theavonlady 2]

ermmm... its been released for a good few months... so it aint that - and if they were worried about copyrights, how about all those missions that use custom music that is copyrighted

shhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!

[MSpencer 0]

Lojack@hotmail.com?! Pfft! Fooled!

http://www.lojack.com/

[Messiah 2]

Lojack@hotmail.com?! Pfft! Fooled!

http://www.lojack.com/

u do realise i was being sarcastic

[SpeedyDonkey 0]

giggle..

Oh and Isn't the orginal Lojack mission quite old. I wonder why they start whining now..

[sputnik monroe 102]

Wow lucky me I just downloaded Operation LoJack last night. So up yours Lojack looks like I win. (not toadlife the trademark guys)

Heck Lojack is pretty darn good, if you haven't tried it pick it up at Avons site. The objective in it randomly spawns at one of 6 locations each time you plate. So it's worth replaying indeed.

[Winters 1]

OMG, Toadie gets zero money for this mission and the LoQuack people get in a tizzy over use of the name. OFPEC should tell them this mission is free and nobody is making any money of it, then they should tell them to take a long walk off of a short pier.

As soon as my PC arrives in 2 weeks i will host Operation LoJack at the PUB and i hope they try to send me some legal notice that is frivilous and is baseless, basically their legal notice carries no weight and is meant to play off of peoples ignorance of the law.

This kind of bullying and intimidation makes me sooooo mad, i am going to go out and find several small furry animals and kick them now

Well, not really. But it still makes me mad

[Asmodeus 0]

Well, here's another viewpoint in this story, from a thread at OFPEC. Here are a few quotes from Noon416:

Quote[/b] ]Unfortunately guys, this won't be the result of someone just being anally retentive so lets go easy on all involved, okay?

In US Trademark law, you have to actively enforce your trademark (i.e. like this situation) or you lose all rights to that trademark. This enforcement is regardless of whether commercial intent is involved.

And then he says:

Quote[/b] ]So you see, US trademark law actually creates these unpleasant situations where trademark owners find their trademark in use and have to actively go after that infringement whether they want to or not.

Hell, the guy that owns the LoJack trademark may be a huge Flashpoint fan, but he still has to enforce his trademark or lose it, regardless of his feelings.

Unfortunate, but there we have it.

Now, after reading both points of view I tend to side with Noon on this one. Do those that were mad understand now?

Law is a pain in the ass. The company just has to enforce the law or they will quickly die out in the U.S.

Asmo

[SpecOp9 0]

How pathetic.

LowJack LowJack LowJack

I said it you Copyright, Trademark, Registered jerks and I made no money off of it. What's the difference with publishing a mission for free?

Ohh that's right, the goverment is stupid. How could I have forgotten?

[Messiah 2]

it doesn't matter if the mission is distributed for free, the trademark is still being used... as with distributing copyight music for free, it still breaking copyright, even if u make no money yourself, you're taking money away from the record companies

[edc 0]

I really think that our copyright/patent/trademark/etc laws are really archaic, and serve no purpose. The copyright and patent laws actually hurt innovation(atleast as far as software goes) rather than encourage it. Europe is probably just as bad or worse, especially with some of the patent laws regarding software that are being made over there. Hopefully they will just change the name of it slightly, and put it back up. Though, atleast Micro$oft feels they have a divine right to anything that sounds similar to, or rhymes with any of their products.

And PS: I really doubt that someone hearing a song in a mission is going to make them less likely to purchase that song. In fact, I would bet the opposite is true(that someone would be more likely to buy the song once they've heard it).

Oh well, enough of my OT rants.

[Messiah 2]

but they could un=pbo the mission and grab the ogg, convert it into mp3 and there you have a free song

[Norris 0]

Europe is probably just as bad or worse, especially with some of the patent laws regarding software that are being made over there.

Not exactly true. Europe (at least EU) has no software patents... yet. They are trying to pass such retarded laws but hopefuly the common sense will prevail.

but they could un=pbo the mission and grab the ogg, convert it into mp3 and there you have a free song

Actually the WinAmp can play .ogg, too.

[Parker Hale 0]

The question here is whether Toadie knew there was a company of the same name or not which would certainlly put a bearing on the case.

I myself feel that the company in question is being rather silly in the defence of its name as the guy in question has gained no monetary reward from his mission neither (as far as i know) bought the company name into dispute.

How about me making a mission called "Operation Microsoft - destroy the enemies digital capabilities in running a war effort by installing XP on their machines", obviously i would be in the s**t with Microsoft over this (no matter how true it is).

PH

[toadlife 3]

Hi guys,

Trademark law is funny in that trademark holders have no automatic protection for their marks. The LoJack corporation's lawyers are simply doing their job.

I, however, vehemently disagree that I am violating their trademark by using the term LoJack in one of my missions. Trademark infringement relies on several factors. Here is a good resource on the basics of trademark infringement:

http://www.bitlaw.com/trademark/infringe.html

Some quick points on why I hold the opinion I do:

* There is no connection or similarity whatsoever between the "goods" (Operation LoJack) I offer and the goods (The LoJack vehicle recovery system) that the LoJack corporation offers. Operation LoJack is an interactive story which centers around a hostage being rescued, and the LoJack vehicle recovery system is a physical electronic device that is installed onto a vehicle.

* I am not selling, nor have I ever sold or made any money from Operation LoJack. All of the work I have done around the game Operation Flashpoint is no more than a hobby of mine. There is no commercial service being offered.

* Operation LoJack does not contain any wording which is likely to confuse consumers as to who owns the right to the LoJack trademark, or which services are being provided. Text within the mission refers to the term "LoJack" as a "prototype of an experimental tracking device". This tracking device in my story is mentioned as having the "codename" of "LoJack". Using the term "LoJack" as a "codename" for the device in the story is no more than a play on words to make the story believable. Regardless of the strength of the LoJack mark, my mission is not in any way likely to cause confusion among consumers.

* The quality, or usefulness of my mission does not in any way rely on the use of the term "LoJack". The term is used for purely literary purposes.

* My mission is nothing more than an interactive piece of literature, and I have every right to use whatever term in the title and contents of my mission that I please. Numerous pieces of literature contain titles that contain *very strong* trademarks. Please refer to this link regarding this issue:

http://members.authorsguild.net/trademark/disc.htm

I'll be formally replying to them via legal means (certified mail). Meanwhile, Operation LoJack is still hosted at my OFP site.

[edit=baaad spelling]

[Parker Hale 0]

Hi toadlife,

Good for you mate, your points are valid and i'm sure that everything will be straightened out soon.

PH