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'Call of Duty' wins First Amendment victory over use of Humvees

hollywoodreporter.com

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Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#101
post #65
post #56

Earlier quoted context omitted.

What if I wrote a bad review of your product and claimed it fails spectacularly? E.g. what Top Gear did with the Tesla Roadster.

What if? Nothing. It's a dumb product, there joke is over and you move on in a few seconds. There's no real need for this wired free speech limitation to protect something as dead as a brand.

Exactly. I don't see why games should be treated any different than bad reviews.

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#102
post #13

Earlier quoted context omitted.

Interesting you bring up a point about Jeep. Never once in the US I've heard of a non-Jeep-made SUV referred to as a "Jeep". But back when I lived in Russia, every single SUV was referred to as a "Jeep". I don't even know of another word for SUV in Russian. Not trying to argue against you btw, I just personally find stuff like this interesting. EDIT: just checked the wikipedia page for SUV in russian, and yep, in the…

i can answer that. russians are retarded (source: am russian). they see a new thing, and think anything written on the side is the name of it. Examples: marker =flomaster. clearly flow master, name of the guys who made the first marker seen in russia. hard drive =winchester. the model of the first hdd seen by russians. and don't try to tell them black olives are olives. they're masleeny, translating to 'oily'. becaus…

Oh god, I completely forgot about "winchester", since it's been over a decade since I've heard someone say it. And yup, fully agree on all your points.

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#103

Earlier quoted context omitted.

What if I took your product and had it fail spectacularly in my movie?

Why should your product be protected from that? Consumers are smart enough to know that fictional media is fictional. If we're not protecting products from negative reviews, opinion peices, or satire -- then fictional stories seems to me like a really weird place to draw a line. What if I took your product and made a joke about it having ties to a cult?[0] I don't see any reason to treat fictional movies and games li…

> Consumers are smart enough to know that fictional media is fictional

Absolutely 100% no.

I was sitting in an embassy in Bamako,Mali watching some crappy TV show where Americans were getting shot at, chased and beaten to death by horrible people. At some point they said "We gotta get to Bamako".

It hit me that millions of people watching the show would think that's what Mali is like.

I was sitting in Bamako, and had been there for two months, and still had a great impact on me when I walked outside.

Consumers have virtually no way of knowing what's real and what's fiction these days.

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#104
post #26

Earlier quoted context omitted.

> What if Humvees become the worst vehicles in the game because of balancing reasons? If I were the owner of the brand I'd be pissed. Pretty much exactly what happened with the Glock in the Counter Strike PC game.

And yet nobody bases their decision whether or not to buy a Glock based on its performance in Counter-Strike. It's a non-issue.

Glock does kind of have a reputation as a low-end plastic Walmart gun. I doubt Counter-Strike is causing that reputation, but it certainly isn't helping

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#105
post #2

I probably don't know what I'm talking about, but it seems to me that many companies pursue legal action that is against their own interest. Surely, Humvees in CoD could only help the brand, no? Moreover, the fact that they don't even sell any consumer products in the first place makes the entire suit even more dubious. The use of Humvees in CoD is going to sow confusion among the military purchasing officers and the…

In the US you generally have to pay your own fees, even if you successfully defend a suit. So I guess it makes sense for Humvee: they need a legal department for when there are real lawsuits. They have to pay them all the time, as they don't know when a real suit will hit them. So in the mean time, why not file frivolous bs like this? The margin cost is zero. If a real suit comes in, you just drop the bs one. And you…

The margin cost is zero

Corporate legal departments (at least the big companies) hire out trial work typically and at a very high hourly price.

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#106
post #99

Earlier quoted context omitted.

What if I took your product and had it fail spectacularly in my movie?

This reminds me of Apple's policy recently made public by director Rian Johnson, that can spoil multiple movies. * SPOILER AHEAD * While Apple will let you use an iPhone on film, they won't approve it being used by a villain.

That’s just if you want them to pay for the product placement, though.

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#107
post #9

Earlier quoted context omitted.

This is called trademark erosion. An example of this historically would be aspirin, which was originally a trademarked brand name of Bayer but was legally ruled in 1918 and 1921 to have become genericized, because the company took no actions to prevent others from using the name. This generally only applies when non-holders use the trademark to market in the same field as the original business, though: not "we went t…

The standard example I've heard is for Trampoline. No one calls them rebound tumblers anymore. https://en.wikipedia.org/wiki/Trampoline#First_modern_trampo... I think this is really just a case of lawyers being super-protective. It also pays well, I'm sure. I think a words like Humvee or even Google have coloquially already lost their meaning--their meaning is polymorphic, it's only a matter of time (100 years is a m…

The very first that came to my mind is Jeep. In some countries it literally means SUV nowadays.The term is so ingrained that pretty much everyone says like this: 'He's got a BMW Jeep' or 'Look, that's a nice looking Jeep, surely it's Mercedes!'. The funniest thing is that nobody can ever see a real Jeep anymore,as nobody buys them( talking about Europe here).

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#108
post #9

Earlier quoted context omitted.

This is called trademark erosion. An example of this historically would be aspirin, which was originally a trademarked brand name of Bayer but was legally ruled in 1918 and 1921 to have become genericized, because the company took no actions to prevent others from using the name. This generally only applies when non-holders use the trademark to market in the same field as the original business, though: not "we went t…

The standard example I've heard is for Trampoline. No one calls them rebound tumblers anymore. https://en.wikipedia.org/wiki/Trampoline#First_modern_trampo... I think this is really just a case of lawyers being super-protective. It also pays well, I'm sure. I think a words like Humvee or even Google have coloquially already lost their meaning--their meaning is polymorphic, it's only a matter of time (100 years is a m…

Here is Velcro's lawyers telling you to call those other brands 'hook and loop' in a surprisingly straightforward, honest and amusing way.

https://youtu.be/rRi8LptvFZY

Re: 'Call of Duty' wins First Amendment victory over use of Humvees

#109

Earlier quoted context omitted.

And yet nobody bases their decision whether or not to buy a Glock based on its performance in Counter-Strike. It's a non-issue.

Glock does kind of have a reputation as a low-end plastic Walmart gun. I doubt Counter-Strike is causing that reputation, but it certainly isn't helping

It also has a reputation of being one of the most reliable, simplistic and easy to use/maintain guns used by military and law enforcement around the world. So much so that other highly reliable Striker Fire handguns all basically cloned the Glock design (Smith & Wesson's M&P line, among others).

I'd bet there's influence coming from both ends - those who used them in video games and decided their first gun just couldn't possibly be a Glock, and those who see Special Operations guys using them and decided their first gun just had to be a Glock.

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