Uh, no you are not, and don’t ruin our copyright by saying you are.

“I’m selling parts compatible with Ford vehicles.”

Okay.

“I’m selling imitation Ford parts.”

Er, kinda fuzzy there. Might want to clear that up to keep us from suing you.

“I’m selling parts that are every bit like Ford parts but not as expensive.”

Hmmm, gonna have to reject that one. Ford stands for quality. Can’t have you running down our name like that.

See how different wordings can be taken different ways?

The negative backlash from Ford fans has been staggering! Ford management’s position right now is “we’re studying the problem and trying to come up with a solution that is fair to everyone.” (paraphrased) Excuse me!? Don’t the lawyers work for you? Order them to stop what they’re doing…which is apparently what CBS did. No wonder Ford is in such trouble.

Kudos to CBS.

The important distinction is “for profit”. If you are attempting to gain income (even to offset production costs) from your efforts, that is not allowed by copyright. However, making your own fan film and distributing it on your own dime – have at it.

Not sure what the situation is with Universal and Firefly/Serenity. If they are marketing products, that is copyright infringement. If they are distributing for free their own privately funded efforts, that should be okay.

Although I do like the idea of a licensing form that is essentially a statement that no money will change hands over the product.

As for Second Life, Phil, I have two words for you: furry porn.

Be afraid.

It has come to our attention that the website located at http://www.getafirstlife.com/ purports to appropriate certain trade dress and marks associated with Second Life and owned by Linden Lab. That website currently includes a link in the bottom right-hand corner for “Comments or cease and desist letters.”

As you must be aware, the Copyright Act (Title 17, U.S. Code) contains provisions regarding the doctrine of “fair use” of copyrighted materials (Section 107 of the Act). Although lesser known and lesser recognized by trademark owners, the Lanham Act (Title 15, Chapter 22, U.S. Code) protecting trademarks is also limited by a judicial doctrine of fair use of trademarks. Determining whether or not a particular use constitutes fair use typically involves a multi-factor analysis that is often highly complex and frustratingly indeterminate; however a use constituting parody can be a somewhat simpler analysis, even where such parody involves a fairly extensive use of the original work.

We do not believe that reasonable people would argue as to whether the website located at http://www.getafirstlife.com/ constitutes parody – it clearly is. Linden Lab is well known among its customers and in the general business community as a company with enlightened and well-informed views regarding intellectual property rights, including the fair use doctrine, open source licensing, and other principles that support creativity and self-expression. We know parody when we see it.

Moreover, Linden Lab objects to any implication that it would employ lawyers incapable of distinguishing such obvious parody. Indeed, any competent attorney is well aware that the outcome of sending a cease-and-desist letter regarding a parody is only to draw more attention to such parody, and to invite public scorn and ridicule of the humor-impaired legal counsel. Linden Lab is well-known for having strict hiring standards, including a requirement for having a sense of humor, from which our lawyers receive no exception.

In conclusion, your invitation to submit a cease-and-desist letter is hereby rejected.

Notwithstanding the foregoing, it is possible that your use of the modified eye-in-hand logo for Second Life, even as parody, requires license from Linden Lab, especially with respect to your sale of goods with the parody mark at http://www.cafepress.com/getafirstlife/. Linden Lab hereby grants you a nonexclusive, nontransferable, nonsublicenseable, revocable, limited license to use the modified eye-in-hand logo (as displayed on http://www.getafirstlife.com/ as of January 21, 2007) to identify only your goods and/or services that are sold at http://www.cafepress.com/getafirstlife/. This license may be modified, addended, or revoked at any time by Linden Lab in its sole discretion.

Best regards,

Linden Lab