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[PA Comic] Friday, January 24, 2014 - Sagacity

GethGeth LegionPerseus VeilRegistered User, Moderator, Penny Arcade Staff, Vanilla Staff vanilla
edited January 2014 in The Penny Arcade Hub
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    miaAusamiaAusa GOD Gamer Of Daters ValhallaRegistered User regular
    candy matching games are the ultimate saga quests!

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    GoslingGosling Looking Up Soccer In Mongolia Right Now, Probably Watertown, WIRegistered User regular
    edited January 2014
    But... but what about pears that are also papas?

    Or heroes! Heroes of farms!

    Gosling on
    I have a new soccer blog The Minnow Tank. Reading it psychically kicks Sepp Blatter in the bean bag.
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    FiendishrabbitFiendishrabbit Registered User regular
    Your tale might be a saga if:

    1. It involves vikings, or a facsimile thereof.
    2. It's epic
    3. It's a tale that's suitable for being retold around a fire.

    Banner Saga: Fullfilling conditions one, two and three.
    Candy Crush Saga: Not fulfilling any of the conditions above.

    "The western world sips from a poisonous cocktail: Polarisation, populism, protectionism and post-truth"
    -Antje Jackelén, Archbishop of the Church of Sweden
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    OgreSmasherOgreSmasher Registered User regular
    Omg this comic <3

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    HenroidHenroid Mexican kicked from Immigration Thread Centrism is Racism :3Registered User regular
    Some insight from a forumer here has made me sad on this issue, because while we all see the absurdity in King's trademark filings (I hope all of us do at least), in the legal world it makes 100% sense and isn't a quickly 'solved' thing (making it go away). Because it all lies in brand / product confusion. That's all King has to prove in court (and just in the realm of video games) to retain this trademark if they're challenged on it.

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    klemmingklemming Registered User regular
    Wait, so The Banner Saga isn't an epic story about a gamma-irradiated scientist?
    I'm less enthusiastic about it now.

    Isn't this whole trademark thing like the guy who trademarked the word 'edge'? That got shut down by the courts.
    (Eventually. And I think that a big part of that was the fact that he hadn't done anything with the name himself for a few decades, so that wouldn't apply here.)

    Nobody remembers the singer. The song remains.
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    DelzhandDelzhand Hard to miss. Registered User regular
    Has Tycho referenced language crime or word jail before? It seems familiar.

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    NeuroskepticNeuroskeptic Registered User regular
    Word Jail, to me, implies a jail for actual words. "We've got you now, 'sheeple'. You'll do fifty years for your crimes."

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    Skull2185Skull2185 Registered User regular
    Early frontrunner for strip of the year!

    Also, I had no idea it was called Candy Crush Saga until this silliness started.

    Everyone has a price. Throw enough gold around and someone will risk disintegration.
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    Rhesus PositiveRhesus Positive GNU Terry Pratchett Registered User regular
    Word Jail, to me, implies a jail for actual words. "We've got you now, 'sheeple'. You'll do fifty years for your crimes."

    "Word jail" has now been sent to the ambiguity gulag, where it will break rocks in its pyjamas.

    [Muffled sounds of gorilla violence]
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    _J__J_ Pedant Registered User, __BANNED USERS regular
    This is wonderful.

    Though, it seems like My Friend at The End Mr. Period ought to have been involved.

    Word jail, and all.

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    LucascraftLucascraft Registered User regular
    I dislike Papa Pear Saga, based on the fact that it is a blatant ripoff of Peggle.

    My friends at work are like "Lucas, you should totally play Papa Pear Saga with us so you can give us extra lives" and I'm like "I already played that game 4 years ago when it was called Peggle."

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    Skull2185Skull2185 Registered User regular
    Delzhand wrote: »
    Has Tycho referenced language crime or word jail before? It seems familiar.

    I know he's called Mike a "Thought Criminal" before in one of the 4th panels.

    Everyone has a price. Throw enough gold around and someone will risk disintegration.
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    GaslightGaslight Registered User regular
    Skull2185 wrote: »
    Delzhand wrote: »
    Has Tycho referenced language crime or word jail before? It seems familiar.

    I know he's called Mike a "Thought Criminal" before in one of the 4th panels.

    I think it was when Mike made a reference to "bruised vaginas" while composing this comic.

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    BobbleBobble Registered User regular
    I adore this comic title.

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    halkunhalkun Registered User regular
    Where does "Excel Saga" fit into this continuum?

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    GoslingGosling Looking Up Soccer In Mongolia Right Now, Probably Watertown, WIRegistered User regular
    klemming wrote: »
    Wait, so The Banner Saga isn't an epic story about a gamma-irradiated scientist?
    I'm less enthusiastic about it now.

    Isn't this whole trademark thing like the guy who trademarked the word 'edge'? That got shut down by the courts.
    (Eventually. And I think that a big part of that was the fact that he hadn't done anything with the name himself for a few decades, so that wouldn't apply here.)

    The beer industry got shut down too when 'light' was ruled off-limits for trademarking. Which is why you see the word 'lite'. You can't take legal possession of a basic, common word, and not only that, if the name of your product gets so iconic that it becomes a basic common word, you lose trademark protection. Companies like Kleenex and Xerox have to deal with that on a daily basis; 'thermos', 'escalator', 'heroin', 'zipper', and 'yo-yo' all used to be trademarks but got declared generic.

    I have a new soccer blog The Minnow Tank. Reading it psychically kicks Sepp Blatter in the bean bag.
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    RottonappleRottonapple Registered User regular
    It's kind of like when Disney tried to copyright "SEAL team 6". Just wtf are you thinking? I can see one word copyrights becoming the new patent trolls. Fug it, I'm going to copyright the words "the", "and", and "II". I foresee about 60-70% of all video games violating my copyrights on the first two words, and 100% of game sequels violating my copyright on "II". Of course I will only be suing them to protect my intellectual property rights.
    Also, how did they pull this off when Paris Hilton couldn't get a copyright on the TWO word phrase "that's hot", and Donald Trump couldn't copyright the phrase "You're Fired!"?

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    lowlylowlycooklowlylowlycook Registered User regular
    If you feel that your hate of King.com is embarrassingly weak and could use some hate enhancement, well, read this account of them cloning another dev's game.

    Also it turns out that their concern about names that might cause confusion in the marketplace is ever so slightly selective:

    pa-00-menu.gif?format=500w

    steam_sig.png
    (Please do not gift. My game bank is already full.)
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    JasconiusJasconius sword criminal mad onlineRegistered User regular
    This has been a week of Good Comics

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    YoungFreyYoungFrey Registered User regular
    edited January 2014
    It's kind of like when Disney tried to copyright "SEAL team 6". Just wtf are you thinking? I can see one word copyrights becoming the new patent trolls. Fug it, I'm going to copyright the words "the", "and", and "II". I foresee about 60-70% of all video games violating my copyrights on the first two words, and 100% of game sequels violating my copyright on "II". Of course I will only be suing them to protect my intellectual property rights.
    Also, how did they pull this off when Paris Hilton couldn't get a copyright on the TWO word phrase "that's hot", and Donald Trump couldn't copyright the phrase "You're Fired!"?

    Disney tried to Trademark Seal Team 6, not Copyright. Copyright is for protecting original works. Trademark is for something that identifies with your product. Which could have existed long before you started using it, but might now be very well associated with you. There is at least an argument for a TM on Seal Team 6. The crazy claims on ordinary speech are usually Trademark filings.

    YoungFrey on
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    DarkewolfeDarkewolfe Registered User regular
    As with all things governmental, a system like trademarking is only as good as the person in charge that day is not an idiot. If you DO get stuck with an idiot making a decision, the system is then only as good as how quickly a non-idiot is able to override them.

    See: all appellate courts in the south.

    What is this I don't even.
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    SummaryJudgmentSummaryJudgment Grab the hottest iron you can find, stride in the Tower’s front door Registered User regular
    edited January 2014
    YoungFrey wrote: »
    It's kind of like when Disney tried to copyright "SEAL team 6". Just wtf are you thinking? I can see one word copyrights becoming the new patent trolls. Fug it, I'm going to copyright the words "the", "and", and "II". I foresee about 60-70% of all video games violating my copyrights on the first two words, and 100% of game sequels violating my copyright on "II". Of course I will only be suing them to protect my intellectual property rights.
    Also, how did they pull this off when Paris Hilton couldn't get a copyright on the TWO word phrase "that's hot", and Donald Trump couldn't copyright the phrase "You're Fired!"?

    Disney tried to Trademark Seal Team 6, not Copyright. Copyright is for protecting original works. Trademark is for something that identifies with your product. Which could have existed long before you started using it, but might now be very well associated with you. There is at least an argument for a TM on Seal Team 6. The crazy claims on ordinary speech are usually Trademark filings.

    Man, that is....something weird. What kind of product does Disney have that's affiliated with Seal Team 6?

    It's going to be something totally obvious, given Disney's size, but I'm guessing there's not going to be a Lone Survivor Marcus Luttrell Disney Princess™ coming anytime soon

    EDIT:

    Reading a WSJ article about it after a quick Google, it seems Disney didn't even have a product related, but just tried to file a trademark in ADVANCE of developing something?
    We certainly would not request a trademark on a SEAL team that doesn't exist, like SEAL Team 6

    Hahahahhaha.

    SummaryJudgment on
    Some days Blue wonders why anyone ever bothered making numbers so small; other days she supposes even infinity needs to start somewhere.
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    StericaSterica Yes Registered User, Moderator mod
    edited January 2014
    What if the vikings are crushing the candy?

    Sterica on
    YL9WnCY.png
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    stormbringerstormbringer Registered User regular
    edited January 2014
    YoungFrey wrote: »
    EDIT:

    Reading a WSJ article about it after a quick Google, it seems Disney didn't even have a product related, but just tried to file a trademark in ADVANCE of developing something?
    We certainly would not request a trademark on a SEAL team that doesn't exist, like SEAL Team 6

    Hahahahhaha.
    .

    It is a common practice to trademark just about anything before you drop cash into it if the branding is important to the final sale. I have seen "huge" deals fall apart because in the end the trademark is tied to the marketability and the lawyers have stated that its impossible to enforce or has a high chance of failure then risk assessment says no go.

    Occasionally you are even trying to out position your opposition by driving them to a less marketable name but this is extremely rare

    This is a really weird case it should NEVER gotten this far. It will get bounced at some point but its progressed so far that the courts will be involved. They are in a weird sort of catch 22, somehow they got the trademark, and now they have to protect it or they will loose it.

    stormbringer on
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    KalTorakKalTorak One way or another, they all end up in the Undercity.Registered User regular
    Gosling wrote: »
    klemming wrote: »
    Wait, so The Banner Saga isn't an epic story about a gamma-irradiated scientist?
    I'm less enthusiastic about it now.

    Isn't this whole trademark thing like the guy who trademarked the word 'edge'? That got shut down by the courts.
    (Eventually. And I think that a big part of that was the fact that he hadn't done anything with the name himself for a few decades, so that wouldn't apply here.)

    The beer industry got shut down too when 'light' was ruled off-limits for trademarking. Which is why you see the word 'lite'. You can't take legal possession of a basic, common word, and not only that, if the name of your product gets so iconic that it becomes a basic common word, you lose trademark protection. Companies like Kleenex and Xerox have to deal with that on a daily basis; 'thermos', 'escalator', 'heroin', 'zipper', and 'yo-yo' all used to be trademarks but got declared generic.

    Isn't that why Lego keeps insisting people refer to its products as "LEGO bricks" rather than just "Legos"?

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    Hexmage-PAHexmage-PA Registered User regular
    Isn't this the same thing that happened when Bethesda's lawyers challenged Mojang's right to name their game "Scrolls" (because it apparently will make consumers think the game is part of "The Elder Scrolls" franchise)?

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    fortyforty Registered User regular
    Now I feel extra superior for looking down on people who pay money for Candy Crush Saga. Thanks, guys!

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    DarkphibreDarkphibre Photographer / Programmer / Data Scientist / Gamer Registered User regular
    Might I suggest Word Purgatory?

    Gamertag: Darkphibre, or Me for Halo! darkphibre.com, flickr

    Dark Fibre: Fiberoptic cable placed in anticipation of future demand

    7z9qpxgpj3ha.png
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    metroidkillahmetroidkillah Local Bunman Free Country, USARegistered User regular
    Hexmage-PA wrote: »
    Isn't this the same thing that happened when Bethesda's lawyers challenged Mojang's right to name their game "Scrolls" (because it apparently will make consumers think the game is part of "The Elder Scrolls" franchise)?

    From my understanding, which may be wrong, Mojang was accidentally trying to do what King is purposefully doing now. At the the time, Mojang was trying to trademark "Scrolls" as the title of their game, but instead wound up applying for trademarking the word in general.

    Though, with one-word titles, they could be the same thing.

    Either way, I would be extremely not upset if something very bad were to happen to King.com as a company.

    I'm not a nice guy, I just play one in real life.
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    TofystedethTofystedeth Registered User regular
    I used to defend Candy Crush. If you avoid the monetization, and make sure only to bug people you know also play, it's a fun puzzle game that you can actually make really good progress in without giving a dime (level 347 here), but goddamn. This is just nuts.

    steam_sig.png
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    TofystedethTofystedeth Registered User regular
    Word Jail, to me, implies a jail for actual words. "We've got you now, 'sheeple'. You'll do fifty years for your crimes."

    "Word jail" has now been sent to the ambiguity gulag, where it will break rocks in its pyjamas.

    I awesomed this post. It was excellent. And then I noticed the layers. Now I wish I had more awesomes to give.

    steam_sig.png
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    LostNinjaLostNinja Registered User regular
    Hexmage-PA wrote: »
    Isn't this the same thing that happened when Bethesda's lawyers challenged Mojang's right to name their game "Scrolls" (because it apparently will make consumers think the game is part of "The Elder Scrolls" franchise)?

    From my understanding, which may be wrong, Mojang was accidentally trying to do what King is purposefully doing now. At the the time, Mojang was trying to trademark "Scrolls" as the title of their game, but instead wound up applying for trademarking the word in general.

    Though, with one-word titles, they could be the same thing.

    Either way, I would be extremely not upset if something very bad were to happen to King.com as a company.

    Unfortunately their fans are the ones that will never even hear about all of this crap.

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    QuidQuid Definitely not a banana Registered User regular
    WORD JAIL.

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    Alistair HuttonAlistair Hutton Dr EdinburghRegistered User regular
    KalTorak wrote: »
    Gosling wrote: »
    klemming wrote: »
    Wait, so The Banner Saga isn't an epic story about a gamma-irradiated scientist?
    I'm less enthusiastic about it now.

    Isn't this whole trademark thing like the guy who trademarked the word 'edge'? That got shut down by the courts.
    (Eventually. And I think that a big part of that was the fact that he hadn't done anything with the name himself for a few decades, so that wouldn't apply here.)

    The beer industry got shut down too when 'light' was ruled off-limits for trademarking. Which is why you see the word 'lite'. You can't take legal possession of a basic, common word, and not only that, if the name of your product gets so iconic that it becomes a basic common word, you lose trademark protection. Companies like Kleenex and Xerox have to deal with that on a daily basis; 'thermos', 'escalator', 'heroin', 'zipper', and 'yo-yo' all used to be trademarks but got declared generic.

    Isn't that why Lego keeps insisting people refer to its products as "LEGO bricks" rather than just "Legos"?

    No, it's because referring to Lego as Legos is fucking wrong.

    I have a thoughtful and infrequently updated blog about games http://whatithinkaboutwhenithinkaboutgames.wordpress.com/

    I made a game, it has penguins in it. It's pay what you like on Gumroad.

    Currently Ebaying Nothing at all but I might do in the future.
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    Alistair HuttonAlistair Hutton Dr EdinburghRegistered User regular
    Lego is both the singular and the plural.

    I have one sheep. I have lots of sheep.
    I have one Lego. I have lots of Lego.

    Saying or writing Legos is directly and wholly equivalent to Hitler punching a baby.

    I have a thoughtful and infrequently updated blog about games http://whatithinkaboutwhenithinkaboutgames.wordpress.com/

    I made a game, it has penguins in it. It's pay what you like on Gumroad.

    Currently Ebaying Nothing at all but I might do in the future.
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    fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    but i love playing with Legos and bathing in the blood of punched children.

    ffNewSig.png
    steam | Dokkan: 868846562
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    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    I feel like Tycho sometimes gets too pedantic with things, but in this case it is clearly a righteous and just fury.

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    MichaelLCMichaelLC In what furnace was thy brain? ChicagoRegistered User regular
    Lego is both the singular and the plural.

    I have one sheep. I have lots of sheep.
    I have one Lego. I have lots of Lego.

    Saying or writing Legos is directly and wholly equivalent to Hitler punching a baby.

    I have that legos minifig.

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    PLAPLA The process.Registered User regular
    KalTorak wrote: »
    Gosling wrote: »
    klemming wrote: »
    Wait, so The Banner Saga isn't an epic story about a gamma-irradiated scientist?
    I'm less enthusiastic about it now.

    Isn't this whole trademark thing like the guy who trademarked the word 'edge'? That got shut down by the courts.
    (Eventually. And I think that a big part of that was the fact that he hadn't done anything with the name himself for a few decades, so that wouldn't apply here.)

    The beer industry got shut down too when 'light' was ruled off-limits for trademarking. Which is why you see the word 'lite'. You can't take legal possession of a basic, common word, and not only that, if the name of your product gets so iconic that it becomes a basic common word, you lose trademark protection. Companies like Kleenex and Xerox have to deal with that on a daily basis; 'thermos', 'escalator', 'heroin', 'zipper', and 'yo-yo' all used to be trademarks but got declared generic.

    Isn't that why Lego keeps insisting people refer to its products as "LEGO bricks" rather than just "Legos"?

    I employ "lego" as a massnoun, and "lego-piece" for specifics.

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