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Question about naming and what's against the TOS?

Discussion in 'UHall' started by Eht/Longbow, Feb 17, 2008.

  1. Eht/Longbow

    Eht/Longbow Journeyman
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    So if I wanted to make a character and name it after one of my favorite comic book super heros, would that be against the rules?

    Examples:
    Captain America
    Spiderman
    Superman
    The Green Lantern
    Green Arrow
     
  2. Guest

    Guest Guest

    I've seen a Green Lantern on Pacific, and I think I've seen a Captain America somewhere, but I don't remember where. So, they're out there, but whether they are legal or not is beyond me.
     
  3. Guest

    Guest Guest

    There was a converstation about this sometime last year.
    I think if I recall correctly Jeremy told us those names are illegal.
     
  4. Larisa

    Larisa Reporting Manager
    Editor Reporter Moderator Professional Wiki Moderator Stratics Veteran Stratics Legend Editor Fallen Lords

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    Naming Policy

    QUESTION
    What is the policy on naming characters, pets, items, etc, in Ultima Online?

    Answer
    Ultima Online Naming Policy

    You are encouraged to choose a name that represents your character in the way you want to be seen (for instance, a character named "Big Bird" may not be taken as seriously by others as a character with a more contextually appropriate name such as "Lothar"). However, we also ask that good discretion be used when choosing names for characters, guilds, titles, houses, pets, or any other item or entity in game which can be custom-named. Examples of inappropriate names include, but are not limited to:
    Any name that violates the Rules of Conduct or Terms of Service. This includes names that are racially motivated, sexually graphic, anatomical and excretory references, hateful, defamatory, ethnically derogatory, in reference to hate groups, or any other names that would be offensive in nature including homonyms. Simply, if your name defames any demographic or is in poor taste you are likely to be actioned.

    Any name that violates any third party trademark, copyright or other propriety right.

    Names of any Electronic Arts employee or any customer service representative of Electronic Arts, past or present.

    Any name that is defamatory or attempts to defame the reputation of another account holder, an employee of Electronics Arts, property of Electronic Arts or Electronic Arts itself. The use of derogatory, defamatory or offensive content in conjunction with names of famous or important historical, political or religious figures.

    Names of modern era serial killers or anyone, or group who have committed crimes against humanity in the past 100 years, or any name that is closely connected with these acts.

    Names of items, or proper names of NPCs in Ultima Online, as well as Ultima fiction names (e.g. Lord British, Lord Mondain, Exodus).

    Any name involving a combination of words that produces an offensive result. Masked profanity or slang which denotes offensive terms.

    Names which are website URL’s or the personal information of you or another.

    Misspellings, phonetic spellings, word combinations, or alternative spellings of any names that violate the above rules.
    Names Policy Enforcement

    If a name is found to be in violation of any of the above policies, a customer support representative will intervene. When customer support is called to evaluate an improper name, one of the following actions will be taken:

    Nothing. The name is not deemed offensive and the character is permitted to keep the name.

    Changed. The character will receive a warning, or suspension and a name change. This will occur with borderline and relatively benign names that still violate our name policy to a minor degree.

    Deleted. If the name is deemed offensive your account will be actioned and your character will be removed from the game.

    In addition, an inappropriate name may also constitute a violation of the Rules of Conduct, which may subject you to disciplinary action, up to and including termination of your UO Account.
     
  5. Larisa

    Larisa Reporting Manager
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    Yep, this line right here:

    "Any name that violates any third party trademark, copyright or other propriety right."

    Those are copywritten names, therefore not allowed.
     
  6. Eht/Longbow

    Eht/Longbow Journeyman
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    <blockquote><hr>

    Yep, this line right here:

    "Any name that violates any third party trademark, copyright or other propriety right."

    Those are copywritten names, therefore not allowed.

    [/ QUOTE ]

    According to research of my own, Superman will be public domain in 2013, though I could be incorrect, so I guess I got a few more years to wait, lol.
     
  7. Larisa

    Larisa Reporting Manager
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    *laughs* well there ya go!

    2013 huh? Interesting I didn't know that.
     
  8. Eht/Longbow

    Eht/Longbow Journeyman
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    Thanks for the constructive responses, it's too bad we can't all get along and have what fun we like, but oh well!

    I almost bought a 7th slot, but I just can't think of a name for another character, so any suggestions would be cool.

    Thanks again

    Eht
     
  9. Guest

    Guest Guest

    I have a Green Arrow...and hes an archer go figure.
     
  10. Smokin

    Smokin Guest

    You could always use there secret identities

    Steve Rogers I am sure there are alot of people out there named that and Peter Parker.
     
  11. Guest

    Guest Guest

    Well.. The way I see it is any name that makes it through the
    character creation screen should be allowed... Its not our fault
    that UO can't manage to screen them beforehand, and making
    people change their character names that they have had for several
    years is BS. [​IMG] [​IMG] [​IMG] [​IMG] [​IMG] [​IMG]
     
  12. Guest

    Guest Guest

    Be original, be creative, use your imagination and you'll be unique.

    With the exception of one malicious copy cat, all my char names, and my husband's, are unique in UO.
     
  13. Guest

    Guest Guest

    I actually can't use my own real-life name for a character :p I'm assuming it's cos of the three letters in the middle of my name "Laetitia"

    *wonders if Stratics will censor it too*

    *edits* Woot! They didn't :p
     
  14. Guest

    Guest Guest

    <blockquote><hr>

    So if I wanted to make a character and name it after one of my favorite comic book super heros, would that be against the rules?

    [/ QUOTE ]

    Would that be against the rules? Questionable.

    Would it be against the history and lore of Ultima? Most definately.

    Whilst your name is your own choice it beats the hell out of me why you'd want to name a medieval style ultima character after a 20th century comic book superhero. A lot of people voice complaints that things are introduced to UO which are "un-ultima". Players are the biggest culprits with names such as these. They have no place in UO.

    UO is supposed to be immersive. Its difficult to immerse yourself in UO's world when Spiderman or Captain America runs past you.
     
  15. eolsunder1

    eolsunder1 Guest

    Ok maybe a good lawyer can correct me if im wrong..

    Names in the game are TRADEMARKS, not COPYRIGHT. Thus using "MERLIN" or "Drizzit" are Trademarks. The actual books and material published using those characters are copyrighted. A trademark is a name, symbol, etc.

    Trademarks are ok to use as long as they are not used in the same domain/content as the origional works. Thus, you cannot use Drizzit to sell books, or fantasy novels, since its a trademark name. But you can use it for something non-fantasy book related. Just like "Enterprise" is a Star trek trademark, yet you can still name ships enterprise, you can still call your website enterprise.com as long as it has nothing to do with startrek. You can name your cat enterprise, or enterprise renta-car, or enterprise foods. etc. Thus you can have Merlin hot spicy peanuts, or Eliminster heating pads.

    Looking on trademark rules sites, a nice definition "Trademarks are valid for a speciflc definition. the trademark protects someone else from entering the same field and using that name within the same context to profit or advertise."

    So really, why does everyone get mad if someone in UO names their character Drizzit, or Merlin, or Superman, or Madonna, or what ever name they use. They aren't violating trademark rules it seems because they arent doing it to try and sl books, or comic books, or duplicate tv shows, or what ever. Its entirely a different field context wise.

    I'm not a lawyer of course, but im sure someone who actually has some law experience can do a little homework and reply to this.
     
  16. Guest

    Guest Guest

    "Names of modern era serial killers or anyone, or group who have committed crimes against humanity in the past 100 years, or any name that is closely connected with these acts."

    They must of JUST recently added that. I once ran around Brit Bank on a char named after a "certain person" after 9/11, told everyone to go to Buc's Den, then i let everyone kill me and rezkill me over and over and over. Eventually a GM popped up, poofed me to jail and banned me. I got ahold of EA and messaged them enough to where they unbanned my acct. GM Wolf helped me too, he was cool, too bad he's no longer with EA. They didn't have the quoted rule stated anywhere in the ToS or RoC at the time. Wasn't harmful either, was just letting some people get out their anger/frustration.

    About a year and a half ago, they came out with a list describing what you can't name a char, and NOWHERE on that list was anything related to the rule in quotations at top of my post. So if i would of stayed banned, and saw that list, i would of been able to take EA to court about it, lol.

    I've seen some names though that could violate that rule, like the name "Atilla the Hun", he was responsible for alot of deaths in his "Crusade", although that was well over 100 years ago. I've also once seen a guy named "Adolph Hitler", now that has to be the WORST offensive name EVER.
     
  17. I'd be very suprised if any of those names get you in trouble. And even if a GM doesn't like them; they aren't offensive in any way so probably the worst thing that can happen is they force a name-change on you.

    My advice: Just go for it [​IMG]
     
  18. DevilsOwn

    DevilsOwn Stratics Legend
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    <font color="purple"> been observed that EA/Mythic itself doesn't much mind what you name your character.. what matters is that some snert pages on that name

    case in point..... Poo </font>
     
  19. Nerf-Herder

    Nerf-Herder Guest

    That's funny, because I remember Jeremy saying that they were not actionable so long as they were not vulgar.

    One of my characters is named Captain Caveman. I do light roleplay with him, running him as a silly, love-crazed, prehistoric, pyromaniacal samurai. I also have a vast array of roleplay macros ready for use in many situations.

    Some examples:
    *licks*
    ZUG ZUG! (that's cave talk for "lovin")
    *smashes ground with club* (for when I'm about to pick a fight)
    "I'll have the roast duck with the mango salsa"
    "So easy, even I can do it!"
    "Me manly man, make fire!" *beats chest* (used after I light kindling on fire, one of the Caveman's favorite hobbies)

    Some are bound to skill macros, such as:
    Confidence... "YIKES! That Hurt!"
    Lightning Strike... BAM!
    Counter Attack... "Give me some chung chung!"
    Evasion... "I'm invincible!"
    AttackTarget... *thwap* *clonk* "ROAR!"

    There is nothing wrong with the way I run this character. I have also seen other people do some excellent psuedo-roleplay. There is a guy who runs a guild based on the Borgs. They run around assimilating people and do it in an entertaining way.

    That's the key. Entertainment. This is a game, a game with alot of freedom. People have many different ways of providing that entertainment to themselves and others. Sometimes it involves paying homage to our childhood heros and memories. It does nobody wrong.

    A friend of mine (now departed, who was a serious roleplayer) once told me, "I'm not sure if many people are going to call that roleplay, but you put on a good show!"--Aeric Horn

    IMO, that's what gaming is all about.

    Yes I am a new world Samurai, and a caveman nonetheless.
    So Bebop Aloobop Awhop-shamboo, and Domo Arigato if I've got to!

    and for all you haters out there...
    [​IMG]
     
  20. <blockquote><hr>

    There was a converstation about this sometime last year.
    I think if I recall correctly Jeremy told us those names are illegal.

    [/ QUOTE ]

    I still don't get why...

    If I want to "sing along" to one of my favorite songs... no copy right law is going to tell me I can't.

    I thought you had to make a profit or sale of some sort in order to infringe upon copyright laws.

    *shrugs*
     
  21. Guest

    Guest Guest

    <blockquote><hr>

    Yep, this line right here:

    "Any name that violates any third party trademark, copyright or other propriety right."

    Those are copywritten names, therefore not allowed.

    [/ QUOTE ]
    At first that is what was said but then they said that the names would be acceptable until the copyright owner made a fuss over it. The likely chance of that happening is 0%.
     
  22. Sam the Scribe

    Sam the Scribe Visitor

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    I just wonder why you would want to use comic book character names? I see folks running around with silly names and wonder if they even try to play the game. It's just a distraction for the other players. I wonder if those folks just want the attention or something.

    I've also seen some crafted items with offensive names on them. Nice item but I'd never buy it. The crafter must have hidden in their house cause some of these names are so offensive they would definetly get paged on. I wont repeat those names but for example, would you really want to pay a few mil for an Ornate Axe made by "IPeeDaily"? I dont care how nice the weapon is. If the crafter has no respect for the game, and displays that in a stupid name, then I have no interest in their weapons or vendors.

    Safe Travels, Sam
     
  23. Vallend

    Vallend Sage
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    I do know Marvel Comics came down hard on City of Heroes (CoH) a few years ago because some players in game were using their Characters names. Marvels lawyers forced them to change their policy so that players were not allowed to any superhero names that had appeared in any Marvel publications.
    Though City of Heroes is a superhero based game so that may of been what made Marvel decide to take that action. Now I here the rumor is that Marvel is working with the makers of CoHs to add their characters as NPCs.
     
  24. Guest

    Guest Guest

    <blockquote><hr>

    So if I wanted to make a character and name it after one of my favorite comic book super heros, would that be against the rules?

    Examples:
    Captain America Lt America
    Spiderman Arachnidman
    Superman Superbman
    The Green Lantern The Green Lamp
    Green Arrow Green Bolt

    [/ QUOTE ]

    [​IMG]
     
  25. <blockquote><hr>

    I just wonder why you would want to use comic book character names? I see folks running around with silly names and wonder if they even try to play the game. It's just a distraction for the other players. I wonder if those folks just want the attention or something.

    [/ QUOTE ]

    You know what irks me more than anything? Is when people try thought policing the choices others make.


    I wonder if these folks just want the attention or something...
     
  26. Eht/Longbow

    Eht/Longbow Journeyman
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    Well technically Ultima Online isn't set in midevil times (or middle ages), that period ended in the 1500s. Spyglasses were not invented untill the late 1600s. Also a long while back I remember reading about someone saying that originally Ultima was set in modern times, but being in an alternate universe, anything can happen.

    Also anyone who knows comic books or watched superman movies knows, Superman can TIME TRAVEL! But of course I do enjoy role playing, and all of my characters are named within the confines of Ultima, but I thought we could imagine anything we wanted? It would be fun to make a super hero character and go to Yew and teach the badguys a lesson. 1 character out of 6 or 7 isn't going to hurt anything. At least it's better than say ChickenMan, or PoWeRpVper or SiRkIlLsAlOt.

    I still wish I could be Superman. Imagine an Ornate Axe Crafted By Superman, now that would be cool. I've seen Legolas' and Gandalfs, I'm sure those would be against the rules too. Technically, and not to raise a fuss, but why have they been allowed to have their fun for years and not me? Technically Legolas and Gandalf do not even belong in the Ultima universe, but who complains about it? Not me, I think people should have the fun they want, if they don't want to RP with you that's their choice and none of yours.

    Also, a great portion of all UO RPer's roleplay a character who's backstory tells that they are NOT originally from the Ultima universe, and that they are visiting for an un-predetermined time. So in my opinion anything can happen.
     
  27. Sabbath

    Sabbath Guest

    I once saw a guy named "Vader" who had purposefully achieved the title of "The Dark Lord". I'm waiting for the day someone names themselves "of the Sith" and pulls off "The Dark Lord of the Sith".

    I've also seen "Lord God"...now what do you think about that?
     
  28. Guest

    Guest Guest

    When I see the SiR KillSaLoT and the PwNyOu characters I think to myself "grow up".

    When I see the Gandalfs and Legolas' characters I think to myself "get an imagination for gods sake".

    When I see the Supermans and Spidermans I think "grow up AND get an imagination".

    Your entitled to call them what you want but by the same token others are entitled to their opinions on what you decide. Also whichever name you choose says a lot about yourself and others will often judge you by it, rightly or wrongly.
     
  29. Guest

    Guest Guest

    Ive seen a few characters running around named 'of the rings' 'of the dance' of the sith' etc, waiting for the 'Lord' title to add on the front.
     
  30. Surgeries

    Surgeries Grand Poobah
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    <blockquote><hr>

    You know what irks me more than anything? Is when people try thought policing the choices others make.


    I wonder if these folks just want the attention or something...


    [/ QUOTE ]

    Yeah...I know what you mean.

    That irks me ALMOST as much, as someone else, that doesn't pay MY bill, telling me what FUN in a game SHOULD be...

    Know what I mean, Vern?

    You are demonstrating Hypocrisy at it's finest, there, Black Rain...at it's finest.

    It bothers YOU to have others go all "Thought Police" on ya...but you sit in Judgement of those that don't enjoy UO for the reasons YOU like it.

    What a Quandary...[​IMG]
     
  31. I don't care what other people think someone should or shouldn't be allowed to do with their own stuff which is why I do what I want with mine.

    It doesn't actually bother me...cause I was just making a point. So I guess I'm satisfied with being a hypocrite in this catch 22 situation I seem to have got myself into.

    Either way... my name is BlacK RaiN... not Black Rain... and don't you ever forget it!
     
  32. Eht/Longbow

    Eht/Longbow Journeyman
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    Ok well like I said I didn't want to bring up a playstyle debate, I just wanted to know if it was against the game rules.

    Like most people, you do what you think is fun to you. You can't change nobody and nobody can change you. You can only change yourself. I know that's an old euphemism, but it's the truth.
     
  33. Guest

    Guest Guest

    <blockquote><hr>

    Like most people, you do what you think is fun to you. You can't change nobody and nobody can change you. You can only change yourself. I know that's an old euphemism, but it's the truth.

    [/ QUOTE ]
    Very true.
     
  34. Sam the Scribe

    Sam the Scribe Visitor

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    <blockquote><hr>

    Well technically Ultima Online isn't set in midevil times...

    ...Also, a great portion of all UO RPer's roleplay a character who's backstory tells that they are NOT originally from the Ultima universe, and that they are visiting for an un-predetermined time. So in my opinion anything can happen.

    [/ QUOTE ]

    I agree. There are a lot of variations in the UO History that make it impossible to paralell with Earth history. It's a different/parallel universe. I wasn't critizing your choices, I was really just asking. I dont care if you're Superman, Wolverine, Green Lantern or whoever. I was really speaking to the folks that come out with the deliberately provocative names, etc. Folks who think of Cartman (South Park) as their role model.

    Maybe Superman was the Knight that appeared mysteriously and killed Mondain, shattering the Gem of Immortality?

    Actually you could play Superman by polymorphing into a Gargoyle and flying around. [​IMG]

    Safe Travels, Sam
     
  35. Spree

    Spree Babbling Loonie
    Governor Stratics Veteran Stratics Legend

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    <blockquote><hr>

    Either way... my name is BlacK RaiN... not Black Rain... and don't you ever forget it!

    [/ QUOTE ]

    [​IMG]

    Then you better fix your sig [​IMG]
     
  36. Sam the Scribe

    Sam the Scribe Visitor

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    <blockquote><hr>

    You know what irks me more than anything? Is when people try thought policing the choices others make.

    [/ QUOTE ]

    I asked the OP a question, expressed my opinion, and the OP replied civily.

    You know what irks me is the folks on UHall that try to controll discussions by mis-characterizing other peoples posts and stomping on the opinions of others.

    I didn't tell anyone what to think or what to do. I explained my position and asked a question. Maybe the "Opinion Police" should take a break for a change.

    Safe Travels, Sam
     
  37. Surgeries

    Surgeries Grand Poobah
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    <blockquote><hr>

    Either way... my name is BlacK RaiN... not Black Rain... and don't you ever forget it!

    [/ QUOTE ]

    Hmmm...your sig is wrong, then.

    Details Details...[​IMG]
     
  38. Guest

    Guest Guest

    It was my understanding that they would only change a name if there was a dispute with the person holding the copyright.

    I could be wrong though.
     
  39. Guest

    Guest Guest

    I think I and a few others are shining examples of people that not only have copyrighted names but they are there mains. For those that do not know me I guesse I would be considered a very outspoken and high profile person on my home shard and I play every facet and as you know some people use the paging system as a tool to stop there opinents and being someone that has been paged on allot just for the simple fact I am breathing behind my computer I am pretty sure I have been paged on for my main and I have never had any action taken.

    I think this is not really a high priorty issue or a horrid offense so unless it is something that they fear will get them in trouble bye a copyright owner they wont do anything.
     
  40. Guest

    Guest Guest

    RTLFC

    A couple of things.

    1. Superman will never become public domain. Congress will do the same thing that they do for Mickey Mouse (who would have become public domain long ago had changes not been made), they will revise the laws so that he is protected.

    2. People need to learn the difference between a copyright and a trademark. Here are some helpful links:
    http://www.copyright.gov/
    http://en.wikipedia.org/wiki/Copyright
    http://www.eff.org/issues/dmca
    http://www.templetons.com/brad/copymyths.html
    http://www.uspto.gov/
    http://en.wikipedia.org/wiki/Trademark
    http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm

    Some key things:
    A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller's products and distinguish them from the products of another. 15 U.S.C. § 1127. For example, the trademark "Nike," along with the Nike "swoosh," identify the shoes made by Nike and distinguish them from shoes made by other companies (e.g. Reebok or Adidas). Similarly, the trademark "Coca-Cola" distinguishes the brown-colored soda water of one particular manufacturer from the brown-colored soda of another (e.g. Pepsi). When such marks are used to identify services (e.g. "Jiffy Lube") rather than products, they are called service marks, although they are generally treated just the same as trademarks.

    and

    These days, almost all things are copyrighted the moment they are written, and no copyright notice is required.
    Copyright is still violated whether you charged money or not, only damages are affected by that.
    Postings to the net are not granted to the public domain, and don't grant you any permission to do further copying except perhaps the sort of copying the poster might have expected in the ordinary flow of the net.
    Fair use is a complex doctrine meant to allow certain valuable social purposes. Ask yourself why you are republishing what you are posting and why you couldn't have just rewritten it in your own words.
    Copyright is not lost because you don't defend it; that's a concept from trademark law. The ownership of names is also from trademark law, so don't say somebody has a name copyrighted.
    Fan fiction and other work derived from copyrighted works is a copyright violation.
    Copyright law is mostly civil law where the special rights of criminal defendants you hear so much about don't apply. Watch out, however, as new laws are moving copyright violation into the criminal realm.
    Don't rationalize that you are helping the copyright holder; often it's not that hard to ask permission.
    Posting E-mail is technically a violation, but revealing facts from E-mail you got isn't, and for almost all typical E-mail, nobody could wring any damages from you for posting it. The law doesn't do much to protect works with no commercial value.