Announcement

Collapse

The Rules of Pacers Digest

Hello everyone,

Whether your are a long standing forum member or whether you have just registered today, it's a good idea to read and review the rules below so that you have a very good idea of what to expect when you come to Pacers Digest.

A quick note to new members: Your posts will not immediately show up when you make them. An administrator has to approve at least your first post before the forum software will later upgrade your account to the status of a fully-registered member. This usually happens within a couple of hours or so after your post(s) is/are approved, so you may need to be a little patient at first.

Why do we do this? So that it's more difficult for spammers (be they human or robot) to post, and so users who are banned cannot immediately re-register and start dousing people with verbal flames.

Below are the rules of Pacers Digest. After you have read them, you will have a very good sense of where we are coming from, what we expect, what we don't want to see, and how we react to things.

Rule #1

Pacers Digest is intended to be a place to discuss basketball without having to deal with the kinds of behaviors or attitudes that distract people from sticking with the discussion of the topics at hand. These unwanted distractions can come in many forms, and admittedly it can sometimes be tricky to pin down each and every kind that can rear its ugly head, but we feel that the following examples and explanations cover at least a good portion of that ground and should at least give people a pretty good idea of the kinds of things we actively discourage:

"Anyone who __________ is a liar / a fool / an idiot / a blind homer / has their head buried in the sand / a blind hater / doesn't know basketball / doesn't watch the games"

"People with intelligence will agree with me when I say that __________"

"Only stupid people think / believe / do ___________"

"I can't wait to hear something from PosterX when he/she sees that **insert a given incident or current event that will have probably upset or disappointed PosterX here**"

"He/she is just delusional"

"This thread is stupid / worthless / embarrassing"

"I'm going to take a moment to point and / laugh at PosterX / GroupOfPeopleY who thought / believed *insert though/belief here*"

"Remember when PosterX said OldCommentY that no longer looks good? "

In general, if a comment goes from purely on topic to something 'ad hominem' (personal jabs, personal shots, attacks, flames, however you want to call it, towards a person, or a group of people, or a given city/state/country of people), those are most likely going to be found intolerable.

We also dissuade passive aggressive behavior. This can be various things, but common examples include statements that are basically meant to imply someone is either stupid or otherwise incapable of holding a rational conversation. This can include (but is not limited to) laughing at someone's conclusions rather than offering an honest rebuttal, asking people what game they were watching, or another common problem is Poster X will say "that player isn't that bad" and then Poster Y will say something akin to "LOL you think that player is good". We're not going to tolerate those kinds of comments out of respect for the community at large and for the sake of trying to just have an honest conversation.

Now, does the above cover absolutely every single kind of distraction that is unwanted? Probably not, but you should by now have a good idea of the general types of things we will be discouraging. The above examples are meant to give you a good feel for / idea of what we're looking for. If something new or different than the above happens to come along and results in the same problem (that being, any other attitude or behavior that ultimately distracts from actually just discussing the topic at hand, or that is otherwise disrespectful to other posters), we can and we will take action to curb this as well, so please don't take this to mean that if you managed to technically avoid saying something exactly like one of the above examples that you are then somehow off the hook.

That all having been said, our goal is to do so in a generally kind and respectful way, and that doesn't mean the moment we see something we don't like that somebody is going to be suspended or banned, either. It just means that at the very least we will probably say something about it, quite possibly snipping out the distracting parts of the post in question while leaving alone the parts that are actually just discussing the topics, and in the event of a repeating or excessive problem, then we will start issuing infractions to try to further discourage further repeat problems, and if it just never seems to improve, then finally suspensions or bans will come into play. We would prefer it never went that far, and most of the time for most of our posters, it won't ever have to.

A slip up every once and a while is pretty normal, but, again, when it becomes repetitive or excessive, something will be done. Something occasional is probably going to be let go (within reason), but when it starts to become habitual or otherwise a pattern, odds are very good that we will step in.

There's always a small minority that like to push people's buttons and/or test their own boundaries with regards to the administrators, and in the case of someone acting like that, please be aware that this is not a court of law, but a private website run by people who are simply trying to do the right thing as they see it. If we feel that you are a special case that needs to be dealt with in an exceptional way because your behavior isn't explicitly mirroring one of our above examples of what we generally discourage, we can and we will take atypical action to prevent this from continuing if you are not cooperative with us.

Also please be aware that you will not be given a pass simply by claiming that you were 'only joking,' because quite honestly, when someone really is just joking, for one thing most people tend to pick up on the joke, including the person or group that is the target of the joke, and for another thing, in the event where an honest joke gets taken seriously and it upsets or angers someone, the person who is truly 'only joking' will quite commonly go out of his / her way to apologize and will try to mend fences. People who are dishonest about their statements being 'jokes' do not do so, and in turn that becomes a clear sign of what is really going on. It's nothing new.

In any case, quite frankly, the overall quality and health of the entire forum's community is more important than any one troublesome user will ever be, regardless of exactly how a problem is exhibiting itself, and if it comes down to us having to make a choice between you versus the greater health and happiness of the entire community, the community of this forum will win every time.

Lastly, there are also some posters, who are generally great contributors and do not otherwise cause any problems, who sometimes feel it's their place to provoke or to otherwise 'mess with' that small minority of people described in the last paragraph, and while we possibly might understand why you might feel you WANT to do something like that, the truth is we can't actually tolerate that kind of behavior from you any more than we can tolerate the behavior from them. So if we feel that you are trying to provoke those other posters into doing or saying something that will get themselves into trouble, then we will start to view you as a problem as well, because of the same reason as before: The overall health of the forum comes first, and trying to stir the pot with someone like that doesn't help, it just makes it worse. Some will simply disagree with this philosophy, but if so, then so be it because ultimately we have to do what we think is best so long as it's up to us.

If you see a problem that we haven't addressed, the best and most appropriate course for a forum member to take here is to look over to the left of the post in question. See underneath that poster's name, avatar, and other info, down where there's a little triangle with an exclamation point (!) in it? Click that. That allows you to report the post to the admins so we can definitely notice it and give it a look to see what we feel we should do about it. Beyond that, obviously it's human nature sometimes to want to speak up to the poster in question who has bothered you, but we would ask that you try to refrain from doing so because quite often what happens is two or more posters all start going back and forth about the original offending post, and suddenly the entire thread is off topic or otherwise derailed. So while the urge to police it yourself is understandable, it's best to just report it to us and let us handle it. Thank you!

All of the above is going to be subject to a case by case basis, but generally and broadly speaking, this should give everyone a pretty good idea of how things will typically / most often be handled.

Rule #2

If the actions of an administrator inspire you to make a comment, criticism, or express a concern about it, there is a wrong place and a couple of right places to do so.

The wrong place is to do so in the original thread in which the administrator took action. For example, if a post gets an infraction, or a post gets deleted, or a comment within a larger post gets clipped out, in a thread discussing Paul George, the wrong thing to do is to distract from the discussion of Paul George by adding your off topic thoughts on what the administrator did.

The right places to do so are:

A) Start a thread about the specific incident you want to talk about on the Feedback board. This way you are able to express yourself in an area that doesn't throw another thread off topic, and this way others can add their two cents as well if they wish, and additionally if there's something that needs to be said by the administrators, that is where they will respond to it.

B) Send a private message to the administrators, and they can respond to you that way.

If this is done the wrong way, those comments will be deleted, and if it's a repeating problem then it may also receive an infraction as well.

Rule #3

If a poster is bothering you, and an administrator has not or will not deal with that poster to the extent that you would prefer, you have a powerful tool at your disposal, one that has recently been upgraded and is now better than ever: The ability to ignore a user.

When you ignore a user, you will unfortunately still see some hints of their existence (nothing we can do about that), however, it does the following key things:

A) Any post they make will be completely invisible as you scroll through a thread.

B) The new addition to this feature: If someone QUOTES a user you are ignoring, you do not have to read who it was, or what that poster said, unless you go out of your way to click on a link to find out who it is and what they said.

To utilize this feature, from any page on Pacers Digest, scroll to the top of the page, look to the top right where it says 'Settings' and click that. From the settings page, look to the left side of the page where it says 'My Settings', and look down from there until you see 'Edit Ignore List' and click that. From here, it will say 'Add a Member to Your List...' Beneath that, click in the text box to the right of 'User Name', type in or copy & paste the username of the poster you are ignoring, and once their name is in the box, look over to the far right and click the 'Okay' button. All done!

Rule #4

Regarding infractions, currently they carry a value of one point each, and that point will expire in 31 days. If at any point a poster is carrying three points at the same time, that poster will be suspended until the oldest of the three points expires.

Rule #5

When you share or paste content or articles from another website, you must include the URL/link back to where you found it, who wrote it, and what website it's from. Said content will be removed if this doesn't happen.

An example:

If I copy and paste an article from the Indianapolis Star website, I would post something like this:

http://www.linktothearticlegoeshere.com/article
Title of the Article
Author's Name
Indianapolis Star

Rule #6

We cannot tolerate illegal videos on Pacers Digest. This means do not share any links to them, do not mention any websites that host them or link to them, do not describe how to find them in any way, and do not ask about them. Posts doing anything of the sort will be removed, the offenders will be contacted privately, and if the problem becomes habitual, you will be suspended, and if it still persists, you will probably be banned.

The legal means of watching or listening to NBA games are NBA League Pass Broadband (for US, or for International; both cost money) and NBA Audio League Pass (which is free). Look for them on NBA.com.

Rule #7

Provocative statements in a signature, or as an avatar, or as the 'tagline' beneath a poster's username (where it says 'Member' or 'Administrator' by default, if it is not altered) are an unwanted distraction that will more than likely be removed on sight. There can be shades of gray to this, but in general this could be something political or religious that is likely going to provoke or upset people, or otherwise something that is mean-spirited at the expense of a poster, a group of people, or a population.

It may or may not go without saying, but this goes for threads and posts as well, particularly when it's not made on the off-topic board (Market Square).

We do make exceptions if we feel the content is both innocuous and unlikely to cause social problems on the forum (such as wishing someone a Merry Christmas or a Happy Easter), and we also also make exceptions if such topics come up with regards to a sports figure (such as the Lance Stephenson situation bringing up discussions of domestic abuse and the law, or when Jason Collins came out as gay and how that lead to some discussion about gay rights).

However, once the discussion seems to be more/mostly about the political issues instead of the sports figure or his specific situation, the thread is usually closed.

Rule #8

We prefer self-restraint and/or modesty when making jokes or off topic comments in a sports discussion thread. They can be fun, but sometimes they derail or distract from a topic, and we don't want to see that happen. If we feel it is a problem, we will either delete or move those posts from the thread.

Rule #9

Generally speaking, we try to be a "PG-13" rated board, and we don't want to see sexual content or similarly suggestive content. Vulgarity is a more muddled issue, though again we prefer things to lean more towards "PG-13" than "R". If we feel things have gone too far, we will step in.

Rule #10

We like small signatures, not big signatures. The bigger the signature, the more likely it is an annoying or distracting signature.

Rule #11

Do not advertise anything without talking about it with the administrators first. This includes advertising with your signature, with your avatar, through private messaging, and/or by making a thread or post.
See more
See less

legal question for all the law buffs out there

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • legal question for all the law buffs out there

    so my friends and i are party organizers and over the weekend we have come up with a name for our new line of parties and thought it was a grand idea...

    later on we have googled to find out that someone else is using the same name for a party in another country...

    so my friends and i have been trying to figure out whether or not this has any trademark/copyright legality behind it...

    now from what it looks like - they seem to just have a website but doesn't really look like there is a company behind their idea...

    the question is...would this be like using "McDonalds" and getting in trouble or would it be different if the company does not have a base in your own country?

    any ideas?

  • #2
    Re: legal question for all the law buffs out there

    Depends on trademark laws in your country. Your best bet is to get some local law advice... even a real lawyer in America won't be able to answer that question definitively.

    My gut reaction is that you should be ok as long as you're not mimicking their look (avoiding international copyright law), but I'm completely unqualified at best.
    This space for rent.

    Comment


    • #3
      Re: legal question for all the law buffs out there

      There are reciprical trademark/ intellectual property laws. For a trademark to be fully protected outside its home jurisdiction, it usually has to be registered locally. Even before you hire a lawyer, you can probably snoop around the local government office that handles intellectual property registrations to see if they have filed anything in your country.

      I would then recommend approaching a local lawyer to help you establish the intellectual property in your name. The foreign filing costs are not high, so some businesses have a policy of filing for legal protection everywhere, others only file in places they do business, and some only file at "home".

      While I'm not an IP lawyer, on many of my projects I get to see their "handiwork." I've got a binder on my desk right now with a list of every country that a particular trade name is registered, including foreign language equivalents.
      Why do the things that we treasure most, slip away in time
      Till to the music we grow deaf, to God's beauty blind
      Why do the things that connect us slowly pull us apart?
      Till we fall away in our own darkness, a stranger to our own hearts
      And life itself, rushing over me
      Life itself, the wind in black elms,
      Life itself in your heart and in your eyes, I can't make it without you

      Comment


      • #4
        Re: legal question for all the law buffs out there

        This is straight from an intellectual property lawyer's mouth not more than 2 minutes ago. "Unless he has a well established business, tell him to change his name to something original and unique." He added, "The laws don't really matter. Fighting someone over their own name is a giant waste of time, money and energy. If companies bothered to do their research when starting out, they would save themselves a lot of trouble."

        "So change the name?" I asked.

        "YES!"

        EDIT: by "him," he meant you, Belli. You just found out that someone had your good idea before you did. Move on to your next good idea and leave the guy alone.
        Last edited by Los Angeles; 05-25-2010, 10:36 PM.
        “Success is not final, failure is not fatal: it is the courage to continue that counts.” - Winston Churchill

        “If you can't be a good example, then you'll just have to serve as a horrible warning.” - Catherine Aird

        Comment


        • #5
          Re: legal question for all the law buffs out there

          I have nothing to add about the legal question.

          But, does "party organizer" mean a political movement, or someone who buys the keg and slides the furniture over against the wall?
          And I won't be here to see the day
          It all dries up and blows away
          I'd hang around just to see
          But they never had much use for me
          In Levelland. (James McMurtry)

          Comment


          • #6
            Re: legal question for all the law buffs out there

            Originally posted by Putnam View Post
            I have nothing to add about the legal question.

            But, does "party organizer" mean a political movement, or someone who buys the keg and slides the furniture over against the wall?
            Putnam,
            Those can be one and the same!
            Nuntius was right for a while. I was wrong for a while. But ultimately I was right and Frank Vogel has been let go.

            ------

            "A player who makes a team great is more valuable than a great player. Losing yourself in the group, for the good of the group, that’s teamwork."

            -John Wooden

            Comment


            • #7
              Re: legal question for all the law buffs out there

              What if he kept the name but included his country in the name to differentiate from the the other guys?

              Comment


              • #8
                Re: legal question for all the law buffs out there

                Originally posted by Hicks View Post
                What if he kept the name but included his country in the name to differentiate from the the other guys?
                I'd still lean heavily on the lawyer's opinion.

                The answer to your question is "Sorta, probably, maybe.... but why?"

                The important part of the advice LA shared was the 'established business' part. If Belli had already established his business and then noticed this potential conflict then he'd want to go into damage control but do everything he could to keep his established business' identity and stay away from a future conflict as much as possible.

                But starting from scratch... might as well just stay away from it at the beginning and never let it get to that point.

                Especially since it seems this other business is right in line with what his business will be doing.

                ...IMHO...
                Nuntius was right for a while. I was wrong for a while. But ultimately I was right and Frank Vogel has been let go.

                ------

                "A player who makes a team great is more valuable than a great player. Losing yourself in the group, for the good of the group, that’s teamwork."

                -John Wooden

                Comment


                • #9
                  Re: legal question for all the law buffs out there

                  thanks for the feedback guys. so it is pretty much what we thought it would be...we are not really looking at keeping things too small/local so in the end it might bite us if we do go big/multinational later on...

                  as for Putty's question...its not house parties we organize...they're in the clubs..hence no kegs, furniture nor politics involved...then again the only politics is managing the night life mafia and keeping them at bay...but thats another topic

                  Comment


                  • #10
                    Re: legal question for all the law buffs out there

                    so when do we get to hear the name so we can all cast our Judgment on if we think it's a grand idea for a name....
                    Ya Think Ya Used Enough Dynamite there Butch...

                    Comment


                    • #11
                      Re: legal question for all the law buffs out there

                      Originally posted by GO!!!!! View Post
                      so when do we get to hear the name so we can all cast our Judgment on if we think it's a grand idea for a name....
                      we were going to focus on house music so we were going to call it "Viva la house!"

                      Comment


                      • #12
                        Re: legal question for all the law buffs out there

                        What LA said.

                        Comment


                        • #13
                          Re: legal question for all the law buffs out there

                          Originally posted by btowncolt View Post
                          What LA said.
                          I'm sure btown had 'Nam (law school) flashbacks when he clicked on this thread...the horror, the horror.


                          Comment


                          • #14
                            Re: legal question for all the law buffs out there

                            WE HAVE TO GO BACK

                            Comment


                            • #15
                              Re: legal question for all the law buffs out there

                              .....to IZMIR!!




                              .
                              And I won't be here to see the day
                              It all dries up and blows away
                              I'd hang around just to see
                              But they never had much use for me
                              In Levelland. (James McMurtry)

                              Comment

                              Working...
                              X