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Poncer
Okay. There is a new program out called Spiderman Emails. I have to say this, whoever created it will be taken to court, and will lose because the Spiderman name is a copyrighted name, and can't be used without the consent of the owner. This one have to either change its name, or be forced to shut down.
kiwinz
QUOTE (Poncer @ Jan 2 2003, 01:42 PM)
Okay. There is a new program out called Spiderman Emails. I have to say this, whoever created it will be taken to court, and will lose because the Spiderman name is a copyrighted name, and can't be used without the consent of the owner. This one have to either change its name, or be forced to shut down.

SHouldnt this be in general discussion as it dont look like a complaint the way you worded it
SpendingTheCheese
Marvel Comics own Spiderman.

I got this from marvel.com:

Terms and Conditions of Use

1. Any and all content including, without limitation, code, Shockwave files, text, graphics, photographs, titles, sound recordings and software contained in any files or materials comprising Marvel.com are, as between you and Marvel.com, the sole and exclusive property of Marvel.com. This includes all content, whether initially transmitted as part of the Marvel.com service or transmitted by any subscriber, user, or other individual. Marvel.com's rights in all content as set forth above include the rights in all underlying intellectual property such as copyrights, trademarks and designs.

2. Since all content, by virtue of Paragraph 1 above and without regard to its source, is the sole and exclusive property of Marvel.com, you agree such content may not be retransmitted, downloaded, reproduced, broadcast or displayed without Marvel's prior written consent. Under no circumstances can you use any content for any commercial or promotional purpose.

3. Since all content, by virtue of Paragraph 1 above and without regard to its source, is the sole and exclusive property of Marvel.com, you agree any and all messages, comments or other contributions made by any subscriber, user or other individual having access to Marvel.com are the sole and exclusive property of Marvel.com. This includes any messages, comments or contributions contained in any Chat Room, Message Board or other location and any messages, comments or contributions contained in any e-mail. You further agree that, since all messages, comments or contributions are the sole property of Marvel.com, Marvel.com may use or reproduce any such messages, comments or contributions, including for promotional or commercial purposes.

4. Under no circumstances does your use of Marvel.com form any relationship, whether implied or express, with Marvel.com. Marvel.com hereby disclaims any such relationship and any liability arising as a result of its use of any content, including messages, comments or contributions, contained on Marvel.com.

Linked Sites

Marvel.com is not responsible for the content of any site that is linked to us whether or not we are affiliated with the operator or owner of such site. Any links from our site to any other sites are for your convenience only.

No license is implied and none should be inferred to link to this site using any framing technology or to link to any page on this site other than the home page, and we reserve all of our rights under the law to insist that any link to this site be discontinued.
driden
it's already in general discussion

where it's been since early this morning

http://www.getpaidforum.com/forums/index.p...567&f=1&t=23676
SpendingTheCheese
Their's another spiderman GPTRE but they dont use spiderman on thier url.

http://www.spidermailer.net or .com
wantumbucks
QUOTE (kiwinz @ Jan 2 2003, 01:45 AM)
QUOTE (Poncer @ Jan 2 2003, 01:42 PM)
Okay. There is a new program out called Spiderman Emails. I have to say this, whoever created it will be taken to court, and will lose because the Spiderman name is a copyrighted name, and can't be used without the consent of the owner. This one have to either change its name, or be forced to shut down.

SHouldnt this be in general discussion as it dont look like a complaint the way you worded it

Well have to let a few other MODS help to determine where to place this thread.

At the moment I need to paste this from the downline thread here:

Submitted by promoballer....

from marvel.com website

QUOTE
Terms and Conditions of Use

1. Any and all content including, without limitation, code, Shockwave files, text, graphics, photographs, titles, sound recordings and software contained in any files or materials comprising Marvel.com are, as between you and Marvel.com, the sole and exclusive property of Marvel.com. This includes all content, whether initially transmitted as part of the Marvel.com service or transmitted by any subscriber, user, or other individual. Marvel.com's rights in all content as set forth above include the rights in all underlying intellectual property such as copyrights, trademarks and designs.

2. Since all content, by virtue of Paragraph 1 above and without regard to its source, is the sole and exclusive property of Marvel.com, you agree such content may not be retransmitted, downloaded, reproduced, broadcast or displayed without Marvel's prior written consent. Under no circumstances can you use any content for any commercial or promotional purpose.

3. Since all content, by virtue of Paragraph 1 above and without regard to its source, is the sole and exclusive property of Marvel.com, you agree any and all messages, comments or other contributions made by any subscriber, user or other individual having access to Marvel.com are the sole and exclusive property of Marvel.com. This includes any messages, comments or contributions contained in any Chat Room, Message Board or other location and any messages, comments or contributions contained in any e-mail. You further agree that, since all messages, comments or contributions are the sole property of Marvel.com, Marvel.com may use or reproduce any such messages, comments or contributions, including for promotional or commercial purposes.

4. Under no circumstances does your use of Marvel.com form any relationship, whether implied or express, with Marvel.com. Marvel.com hereby disclaims any such relationship and any liability arising as a result of its use of any content, including messages, comments or contributions, contained on Marvel.com.

Linked Sites

Marvel.com is not responsible for the content of any site that is linked to us whether or not we are affiliated with the operator or owner of such site. Any links from our site to any other sites are for your convenience only.

No license is implied and none should be inferred to link to this site using any framing technology or to link to any page on this site other than the home page, and we reserve all of our rights under the law to insist that any link to this site be discontinued.
SpendingTheCheese
QUOTE (wantumbucks @ Jan 1 2003, 07:52 PM)
QUOTE (kiwinz @ Jan 2 2003, 01:45 AM)
QUOTE (Poncer @ Jan 2 2003, 01:42 PM)
Okay. There is a new program out called Spiderman Emails. I have to say this, whoever created it will be taken to court, and will lose because the Spiderman name is a copyrighted name, and can't be used without the consent of the owner. This one have to either change its name, or be forced to shut down.

SHouldnt this be in general discussion as it dont look like a complaint the way you worded it

Well have to let a few other MODS help to determine where to place this thread.

At the moment I need to paste this from the downline thread here:

Submitted by promoballer....

from marvel.com website

QUOTE
Terms and Conditions of Use

1. Any and all content including, without limitation, code, Shockwave files, text, graphics, photographs, titles, sound recordings and software contained in any files or materials comprising Marvel.com are, as between you and Marvel.com, the sole and exclusive property of Marvel.com. This includes all content, whether initially transmitted as part of the Marvel.com service or transmitted by any subscriber, user, or other individual. Marvel.com's rights in all content as set forth above include the rights in all underlying intellectual property such as copyrights, trademarks and designs.

2. Since all content, by virtue of Paragraph 1 above and without regard to its source, is the sole and exclusive property of Marvel.com, you agree such content may not be retransmitted, downloaded, reproduced, broadcast or displayed without Marvel's prior written consent. Under no circumstances can you use any content for any commercial or promotional purpose.

3. Since all content, by virtue of Paragraph 1 above and without regard to its source, is the sole and exclusive property of Marvel.com, you agree any and all messages, comments or other contributions made by any subscriber, user or other individual having access to Marvel.com are the sole and exclusive property of Marvel.com. This includes any messages, comments or contributions contained in any Chat Room, Message Board or other location and any messages, comments or contributions contained in any e-mail. You further agree that, since all messages, comments or contributions are the sole property of Marvel.com, Marvel.com may use or reproduce any such messages, comments or contributions, including for promotional or commercial purposes.

4. Under no circumstances does your use of Marvel.com form any relationship, whether implied or express, with Marvel.com. Marvel.com hereby disclaims any such relationship and any liability arising as a result of its use of any content, including messages, comments or contributions, contained on Marvel.com.

Linked Sites

Marvel.com is not responsible for the content of any site that is linked to us whether or not we are affiliated with the operator or owner of such site. Any links from our site to any other sites are for your convenience only.

No license is implied and none should be inferred to link to this site using any framing technology or to link to any page on this site other than the home page, and we reserve all of our rights under the law to insist that any link to this site be discontinued.

I posted that eariler this mourning.

You a little too late aa.gif .
Poncer
The thing is, it is illegal because the website is using a logo or a pic of spiderman which is copyrughted.
wantumbucks
I know you did, I gave you credit in my post. Was just waiting for a place to put it. Have hyperlinked from downline thread to here and deleted text in thread
Poncer
I think it is safe as a complaint as well because this webmaster could be ripping off Marvel Comics by using the name to sell ads and all that.
SpendingTheCheese
More Info!


Marvel.com Legal Rights
http://www.marvel.com/about/legal_notice/

Offical Spiderman Site
http://www.marvel.com/minisites/index.htm?...mily=spider-man
Poncer
I am alerting some webmasters to see if they can yank this program from being advertise until further notice.
kiwinz
QUOTE (Poncer @ Jan 2 2003, 01:58 PM)
The thing is, it is illegal because the website is using a logo or a pic of spiderman which is copyrughted.

Your using garfield as an avayar which is copyrighted also ae.gif
SpendingTheCheese
QUOTE (kiwinz @ Jan 1 2003, 08:06 PM)
QUOTE (Poncer @ Jan 2 2003, 01:58 PM)
The thing is, it is illegal because the website is using a logo or a pic of spiderman which is copyrughted.

Your using garfield as an avayar which is copyrighted also ae.gif

kiwinz I think poncer is mainly talking about the url.
Poncer
Kiwinz, the Garfield has been around for a long time, and nothing happened. Why? It is free, and nobody is not making any money off it. Spiderman is different. The webmaster is making money off the name.
surfjunky
The point being raised here is not an issue for the GPTR forums ... but may be one for Marvel's legal team.

The issue therefore becomes do we as GPTR affecianados - choose to join the programme knowing the risk that it may suddeny disappear.

I suspect what will happen - at worst - is that the WM will get a writ suing him for a Zillion yankee dollars - he'll contest it - they'll reduce they're demands to removal of logo and (maybe) a change of name - and everyone will be happy !!!

OK - a bit over (under?) dramatic - but NOTHING whatsoever to do with should we join or not !!!!!

You pays your money and you takes your chances !!!!!

I was a member of it for about 5 minutes earlier today - but decided that it was not for me. Not because of the logo issue - but because of the non-cash payments for referrals.
Poncer
I think as members of the GPTR members, it is our responsibility to let Marvel Comics know about this for them to deal with these people. aa.gif
SpendingTheCheese
I'm going to get part of marvel.com claims over spidermanemails.com


Here's more info:


==========================================
UNOFFICAL

Domain Name: SPIDERMANEMAILS.COM
Registrar: IHOLDINGS.COM, INC. D/B/A DOTREGISTRAR.COM
Whois Server: whois.dotregistrar.com
Referral URL: http://www.dotregistrar.com
Name Server: NS2.MYECOM.NET
Name Server: NS1.MYECOM.NET
Updated Date: 13-dec-2002
? Copyright 2003 SpiderMan Emails. Member of Dragone Team. All Rights
===========================================
OFFICIAL

Domain Name: MARVEL.COM
Registrar: NETWORK SOLUTIONS, INC.
Whois Server: whois.networksolutions.com
Referral URL: http://www.networksolutions.com
Name Server: AUTH10.NS.WCOM.COM
Name Server: AUTH20.NS.WCOM.COM
Updated Date: 30-dec-2002

Contact them at helpdesk@marvel.com

Marvel Enterprises Inc.
10 East 40th Street, 11th Floor
New York, NY 10016
Fax: 212-576-8535
surfjunky
QUOTE (Poncer @ Jan 2 2003, 10:15 AM)
I think as members of the GPTR members, it is our responsibility to let Marvel Comics know about this for them to deal with these people. aa.gif

OK - then while you are at it ...............

TitanicRewards
AlienEmail
Flash4Money (heyyyyyyyy equality -- DC comics)
5star-emails

And many many more !!

Go knock yourself out ak.gif
SpendingTheCheese
QUOTE (surfjunky @ Jan 1 2003, 08:24 PM)
QUOTE (Poncer @ Jan 2 2003, 10:15 AM)
I think as members of the GPTR members, it is our responsibility to let Marvel Comics know about this for them to deal with these people. aa.gif

OK - then while you are at it ...............

TitanicRewards
AlienEmail
Flash4Money (heyyyyyyyy equality -- DC comics)
5star-emails

And many many more !!

Go knock yourself out ak.gif

You still dont understand surfjunky!

Remember Poke'mon? They sued people for using their company name or logo.

Any thing offical like

Examples:
www.pokemonworld.com
www.pokemonballer.com

Nuff said for right now.........
surfjunky
No - I do fully understand.

My point is not whether a copyright has been infringed (which I fully accept it has been) ..... that is not the responsibility of this forum.

It's a matter of whether or not members choose to join up knowing the potential consequences ... ie that their account may get caught up in a "web" of legal issues (excuse the pun)
Kristin
but weren't people buying domains early, so that the actual companies could by them off them - like an investment?
Poncer
Surfjunky, TitanicRewards does not have to do with the ship.
5Star is not copy righted either.
AlienEmail does not have to do with the movies.
Flash4Money does not have anything to do with the comic suuperhero either.
Why? There is such words in the dictionary. Titanic means hugh rewards. Alien means people from other space on UFOs.
5Star could mean 5 stars in the sky that makes up a firgure.
Flash means quick or fast. Like a flash of lightning which is fast.
surfjunky
And you point is ?????

Spider

noun: predatory arachnid that usually has silk-spinning organs at the back end of the body; they spin silk to make cocoons for eggs or traps for prey
noun: a skillet made of cast iron

man

noun: game equipment consisting of an object used in playing certain board games
noun: an adult male person (as opposed to a woman)
noun: (informal) a male person who plays a significant role (husband or lover or boyfriend) in the life of a particular woman
noun: an adult male person who has a manly character (virile and courageous competent)
noun: the generic use of the word to refer to any human being


It's all words ....................... the image IS a different issue


But still nothing to do with this forum !!!!!!!!!!!!!!!!!!!
SpendingTheCheese
Stop all of this talk!

Why dont contact them about spidermanemails.com

helpdesk@marvel.com
shadowman
QUOTE (Poncer @ Jan 2 2003, 09:42 AM)
Okay. There is a new program out called Spiderman Emails. I have to say this, whoever created it will be taken to court, and will lose because the Spiderman name is a copyrighted name, and can't be used without the consent of the owner. This one have to either change its name, or be forced to shut down.

Do you know for a fact that the company has denyed use of the trademark,logo, and illustrations of the comic character spiderman to the owner of the site?
All these this also have time limits, they can be renewed. Have they expired?
Also do you know anyone in management of marvel comics that has informed you that they will take legal action?

Exactly what are you basing your opinion on? Please restrict yourself just to this issue. The facts that their have been such lawsuites in the past has no bearing on your statement. Because theirs been past cases where no action was taken for different reasons.

You stated;
" I have to say this, whoever created it will be taken to court, and will lose."

My opinion is you giving no proof at this time that it will indeed happen. Between these two parties. I am interested in seeing any such proof, please post it. If its just a prediction then please say so.

You also said whoever created this. I take it you do not know the site creator. Then you haven't talk to him to find out his side of the issue that you created when you posted your opinion. Is this correct? Why not contact him asking for information?
freeandeasy
QUOTE (Kristin @ Jan 1 2003, 08:39 PM)
but weren't people buying domains early, so that the actual companies could by them off them - like an investment?

That is called cybersquatting and it's illegal.

http://www.nolo.com/lawcenter/ency/article...B6E6632A2FA0CB2
shadowman
QUOTE (freeandeasy @ Jan 2 2003, 12:25 PM)
QUOTE (Kristin @ Jan 1 2003, 08:39 PM)
but weren't people buying domains early, so that the actual companies could by them off them - like an investment?

That is called cybersquatting and it's illegal.

http://www.nolo.com/lawcenter/ency/article...B6E6632A2FA0CB2

But it doesn't stop them. All they have to do is get their freinds, family, and employess to register for a domain. Then sit on it until a company wants to buy it.
telflonmail
Is Stan Lee running it in his spare time? aj.gif

...just kidding...

The spiderman is well known trademarked name, and with the recent release of the spiderman movie, it will be strictly enforced. As this is a paid to read email and not a no profit fan mail, they will force it to change the name and remove the likeness. I do not see mavel giving the rights to it.

Mavel does give one use rights, but they take strict control over content and design and minimum royalties.

As for the avatar, I think poncer and I (as well as tweedy, pooh bear, etc) will not have any problem. It is fair use of a likeness as long as the image is not a grossly distorted and not used for profit.
shadowman
QUOTE (telflonmail @ Jan 2 2003, 02:46 PM)
Is Stan Lee running it in his spare time?  :unsure:

...just kidding...

The spiderman is well known trademarked name, and with the recent release of the spiderman movie, it will be strictly enforced. As this is a paid to read email and not a no profit fan mail, they will force it to change the name and remove the likeness. I do not see mavel giving the rights to it.

Mavel does give one use rights, but they take strict control over content and design and minimum royalties.

As for the avatar, I think poncer and I (as well as tweedy, pooh bear, etc) will not have any problem. It is fair use of a likeness as long as the image is not a grossly distorted and not used for profit.

I notice you posted your thoughts. But could you please answer the questions below? This could hurt a PTR, and I haven't seen any supporting proof.
Just your opinions.

shadowman Posted: Jan 2 2003, 10:53 AM



Veteran Members


Group: Members
Posts: 978
Member No.: 5430
Joined: 13-November 02



QUOTE (Poncer @ Jan 2 2003, 09:42 AM)
Okay. There is a new program out called Spiderman Emails. I have to say this, whoever created it will be taken to court, and will lose because the Spiderman name is a copyrighted name, and can't be used without the consent of the owner. This one have to either change its name, or be forced to shut down.

Do you know for a fact that the company has denyed use of the trademark,logo, and illustrations of the comic character spiderman to the owner of the site?
All these this also have time limits, they can be renewed. Have they expired?
Also do you know anyone in management of marvel comics that has informed you that they will take legal action?

Exactly what are you basing your opinion on? Please restrict yourself just to this issue. The facts that their have been such lawsuites in the past has no bearing on your statement. Because theirs been past cases where no action was taken for different reasons.

You stated;
" I have to say this, whoever created it will be taken to court, and will lose."

My opinion is you giving no proof at this time that it will indeed happen. Between these two parties. I am interested in seeing any such proof, please post it. If its just a prediction then please say so.

You also said whoever created this. I take it you do not know the site creator. Then you haven't talk to him to find out his side of the issue that you created when you posted your opinion. Is this correct? Why not contact him asking for information?

Edited due to answer being spelled as anwser. Sad world when people imply evil intents because you do a edit.
ekelly
I seriously can't believe this crap!

Who the h*ll cares if someone stole the Spiderman logo, picture, name....whatever?

What has it got to do with any of our lives?

Let's say they are forced to shut down the site....SO WHAT!!!!!!!!!!!!!!!!!!

Then we will just move on, and sign up for another program that "might" shut down someday.

Geez Poncer!
Why don't you do us all a favor and make things easier for us by making a tiny, short list of the programs you DO NOT think are scams?

That way, we could all read the short "approved by Poncer" list in about 5 minutes and just assume that all other programs are scams ........and BE DONE WITH IT!

LMFAO!!!!!!!!!!!
Poncer
ekelly, this post was for alerting people to know the problem with this site. They would be prepared when they have to be forced to change their name, or shut down. That way, they would know it was not take the money and run.
Shelly
QUOTE (ekelly @ Jan 2 2003, 06:17 AM)
I seriously can't believe this crap!

Who the h*ll cares if someone stole the Spiderman logo, picture, name....whatever?

What has it got to do with any of our lives?

Let's say they are forced to shut down the site....SO WHAT!!!!!!!!!!!!!!!!!!

Then we will just move on, and sign up for another program that "might" shut down someday.

Geez Poncer!
Why don't you do us all a favor and make things easier for us by making a tiny, short list of the programs you DO NOT think are scams?

That way, we could all read the short "approved by Poncer" list in about 5 minutes and just assume that all other programs are scams ........and BE DONE WITH IT!

LMFAO!!!!!!!!!!!

Amen
ekelly
Thanks Shelly, I knew you would agree with that ad.gif
hubcaps
I don't think US copyright laws apply in Spain(or were ever the h*** the webmasters are from.)
shadowman
QUOTE (hubcaps @ Jan 3 2003, 06:29 AM)
I don't think US copyright laws apply in Spain(or were ever the h*** the webmasters are from.)

Their are world wide copywrite agreements, member countries do enforce
infringements. But I am very rusty concerning the United Nations and how they enforce their agreements. Don't they even have world courts?
Poncer
Hubcaps, yes, they will lose because of copyright infringements.

Case example. World Wrestling Federation was sued by the World Wildlife Fundation because they both used the WWF as their symbol, and logos and all that. World Wrestling Federation was the first to use the logo, and they lost and had to change to WWE while the Wolrd WildLife Fundation won who is the ones who stole the logo from WWE. WWE is base in the US, and WWF is based in England, and the court preceedings took place in Europe. Now, with this case, they might judge in favor of Marvel Comics.
shadowman
QUOTE (Poncer @ Jan 3 2003, 09:34 AM)
Hubcaps, yes, they will lose because of copyright infringements.

Case example. World Wrestling Federation was sued by the World Wildlife Fundation because they both used the WWF as their symbol, and logos and all that. World Wrestling Federation was the first to use the logo, and they lost and had to change to WWE while the Wolrd WildLife Fundation won who is the ones who stole the logo from WWE. WWE is base in the US, and WWF is based in England, and the court preceedings took place in Europe. Now, with this case, they might judge in favor of Marvel Comics.

HUH?

Hubcaps, yes, they will lose because of copyright infringements.

1. Has managent of marvel comics contacted you and given you information
concerning a lawsuit against this company?
2. Have you contacted the owner of this spiderman PTR to hear his side of it?
3. Have you done any research of the two bellow issues;
a. loggos, trademark names are or are not no longer in existance. They do have time limits and expire, you have to renew them.
b. Do you have a listing of lawsuites brought to court showing that they go after any infingement usage of their characters? Some don't bother with low end suites. Some will just send them a letter asking to to remove it.

Again I ask what are you basing your opinion on? If its just your thoughts then say so.
Thanatos
ae.gif
ekelly
Don't know about anyone else, but it seems to me that THANATOS has got his $hit together....way to go THANATOS!

Finally, at least one piece of FACTUAL information. Thank you Thanatos aa.gif

I get so tired of "some people" shooting their mouths off when they have no clue what they are talking about.

Don't they ever get tired of looking like an idi0t? LMAO!!!!!!!
Poncer
Didn't the McMann's own WWF since the 1940's? I know it was handed down from generation to generation.
driden
it was the wwwf (notice, three ws) world wide wrestling federation, then it was changed to wwf (two ws) world wrestling federation in the late 80s or early 90s, not sure which
jazmyni
Here Pouncer.....hes something else for you to go after for "stealing stuff"


http://harrypottersgoldgame.com/
Pia
QUOTE (jazmyni @ Jan 3 2003, 09:05 PM)
Here Pouncer.....hes something else for you to go after for "stealing stuff"


http://harrypottersgoldgame.com/

LOL I was just going to write about that place! ab.gif
amysrewards4mail
ROFLMAO!
Poncer
Okay, how many of you think that it is kids who created these two sites? If that is the case, then they don't know, or they chose to ignored the laws on trademark. aj.gif
amysrewards4mail
QUOTE (Poncer @ Jan 3 2003, 09:59 PM)
Okay, how many of you think that it is kids who created these two sites? If that is the case, then they don't know, or they chose to ignored the laws on trademark. aj.gif

Poncer if you are so concerned why not contact Marvel and the webmaster? ao.gif
shaykedelik
QUOTE (amyszoo @ Jan 4 2003, 03:30 PM)
QUOTE (Poncer @ Jan 3 2003, 09:59 PM)
Okay, how many of you think that it is kids who created these two sites? If that is the case, then they don't know, or they chose to ignored the laws on trademark. aj.gif

Poncer if you are so concerned why not contact Marvel and the webmaster? ao.gif

he he he

*waves at amy*

hey amy! guess this just makes great conversation topic ad.gif
Sissy
hya gals ad.gif
shaykedelik
hiya sissy... ab.gif
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