Where The Hell Am I and What Are All These Lambos Doing Here?
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I noticed this earlier today!! WTF!!!
Kill em all let God sort em out
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Looks that way. Especially with the forum errors over the last week. Or it could just now be run by Italians hardware.... Originally Posted by OC Pcar
this place is falling apart....did we move this site to india?
Did you notice the official 6Speed response:
"Due to a friendly request from a car manufacturer, we have to redesign some of the header graphics, not all forums are affected. In the short meantime, as you can see, we are sharing the Lamborghini theme across the affected forums. Sorry for the inconvenience."
Translation: "We went too far in using Porsche's protected intellectual property and made it look like we are endorsed by Porsche. We sold way too much ad space and created obnoxious flashing banners pushing other car companies that caught the eye of some Porsche lawyers. Now they want us to start paying royalties or cease and desist using their protected material. We are currently looking into our legal options."
Porsche is draconian about stuff like this. Use of the car's names, images and logos likely fall under free speech and fair use exceptions and do not require royalties, but once you start selling ad space and making money off of a site based on a protected product, companies can claim that you are trading on their goodwill without compensating them. That's when the fun begins.
I don't think the board sponsors down the right side are the problem. But when you log onto a site with Porsches featured in the header, and then a Toyota banner pops up over it flashing and lighting up, companies can get pretty concerned. If the main reason people come here is to discuss Porsche and are drawn here by the Porsche name, flashing a banner of another car company and getting paid for it may run afoul of various IP laws.
I have written hundreds of such "cease and desist" letters. The responses vary from immediate compliance to full blown trials on the matter. We'll have to watch carefully to see how it turns out. It could have ramifications for a lot of sites like 6Speed.
"Due to a friendly request from a car manufacturer, we have to redesign some of the header graphics, not all forums are affected. In the short meantime, as you can see, we are sharing the Lamborghini theme across the affected forums. Sorry for the inconvenience."
Translation: "We went too far in using Porsche's protected intellectual property and made it look like we are endorsed by Porsche. We sold way too much ad space and created obnoxious flashing banners pushing other car companies that caught the eye of some Porsche lawyers. Now they want us to start paying royalties or cease and desist using their protected material. We are currently looking into our legal options."
Porsche is draconian about stuff like this. Use of the car's names, images and logos likely fall under free speech and fair use exceptions and do not require royalties, but once you start selling ad space and making money off of a site based on a protected product, companies can claim that you are trading on their goodwill without compensating them. That's when the fun begins.
I don't think the board sponsors down the right side are the problem. But when you log onto a site with Porsches featured in the header, and then a Toyota banner pops up over it flashing and lighting up, companies can get pretty concerned. If the main reason people come here is to discuss Porsche and are drawn here by the Porsche name, flashing a banner of another car company and getting paid for it may run afoul of various IP laws.
I have written hundreds of such "cease and desist" letters. The responses vary from immediate compliance to full blown trials on the matter. We'll have to watch carefully to see how it turns out. It could have ramifications for a lot of sites like 6Speed.
Barrister, what about companies using the image of a 911 in their add, do they fall under the same heading, just curious.
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The key is whether or not your company would directly benefit from a relationship with or, on the other hand, competes with Porsche or not. If you use a 911 in your ad about accounting software, then it is likely just fair use. But you can't make it look like Porsche endorses your product in any way. That is when you run in to trouble. If a reasonable person watching the ad would be confused as to your companies relationship with Porsche, then you are probably crossing the line. Originally Posted by TT Surgeon
Barrister, what about companies using the image of a 911 in their add, do they fall under the same heading, just curious.C
Most companies, out of an abundance of caution, won't show the Porsche logo in their ads. But the logo is not private information - it is out in the public and can be seen everyday. In fact, Porsche wants people to see their logo as often as possible. If you ever see a logo blurred out - as they often are on MTV - that is not because MTV is afraid of potential law suits. Rather, it is because that company refused to pay MTV for the privilege of having its product or logo placed on an MTV show. So just using images of a Porsche car with the logo on it in an ad unrelated to the auto industry should not be a problem. But if you use it in such a way that makes it look like Porsche endorses you or that you are the "official" product of Porsche users, then you are using the Porsche name to enhance your sales. Then they want a cut.
Think of the world we would live in if each time you used any company's product in an ad you had to pay a royalty? That might kill the entire advertising industry. Hell, everyone would go back to radio. There has to be some level of fair use in the law that allows you to use protected IP without being sued. The key is that you don't cross the line into making it look like you have a relationship with the company whose logo or images you are using.
Don't rely on this short blurb though for any legal issues you may be having. Be sure to check with a lawyer in your jurisdiction for the full story. My advice above is just the tip of a very complicated legal iceberg. I don't represent anyone in here. You all need to get your own lawyers. There, I have now sufficiently covered my ***.
next thing we know it'll be a Honda, with a big exhaust. lol