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Author Topic: Guinness Needs to RTFM?  (Read 760 times)

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Offline RhapsodyTopic starter

Guinness Needs to RTFM?
« on: July 13, 2009, 04:29:01 PM »
Wasn't sure where else to put this, and it has the possibility of getting heated, so here it goes.

http://failblog.org/2009/07/13/omg-u-fail-so-hard/

A bit of a childish response, but really... fair use is fair use, is it not?

Offline Serephino

Re: Guinness Needs to RTFM?
« Reply #1 on: July 13, 2009, 10:47:35 PM »
People have been getting really riddiculous about that lately.  There's been some issue with Yahoo groups getting in trouble with sharing articles and knitting patterns.

From what I understand, it's only copyright infringement if you're using the thing in question to make a profit.  I didn't see any profit being made.  What it looks like is the company was embarrassed and used legal bullshit scare tactics to get the thing removed.   

Offline OldSchoolGamer

Re: Guinness Needs to RTFM?
« Reply #2 on: July 15, 2009, 02:19:01 AM »
Agreed.  Lawyers and courts have entirely too much power in America.  We're well on our way to becoming a kritocracy.

Offline Maeven

Re: Guinness Needs to RTFM?
« Reply #3 on: July 15, 2009, 09:13:46 AM »
Wasn't sure where else to put this, and it has the possibility of getting heated, so here it goes.

http://failblog.org/2009/07/13/omg-u-fail-so-hard/

A bit of a childish response, but really... fair use is fair use, is it not?

Well, not really. They have to actively protect their trademark in order to avoid dilution and a term becoming 'generic'.  Think: Escalator (it was orginally a trademark of Otis). 

So no, "fair use" doesn't apply in the realm of trademarks like it does copyright.  Copyright does not protect marks, it protects expressions of ideas.

Offline Oniya

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Re: Guinness Needs to RTFM?
« Reply #4 on: July 15, 2009, 09:52:11 AM »
Also, it looks like they are protesting the use of the 'Star and pedestal', not the use of the term 'record breaking'.  While the term 'record breaking' could apply to any place that keeps records, the 'star and pedestal' mark refers specifically to the Guinness World Records.

Offline Maeven

Re: Guinness Needs to RTFM?
« Reply #5 on: July 15, 2009, 10:10:48 AM »
Also, it looks like they are protesting the use of the 'Star and pedestal', not the use of the term 'record breaking'.  While the term 'record breaking' could apply to any place that keeps records, the 'star and pedestal' mark refers specifically to the Guinness World Records.

Exactly.

Offline The Overlord

Re: Guinness Needs to RTFM?
« Reply #6 on: July 16, 2009, 06:02:26 AM »

Quote
The full legal response can be read here: icanhaz.com/legalresponse



ROFL, ya’ll been Rickrolled.



Nothing here to see…move along.