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Hey there, autistic with a special interest in intellectual property law...
Chime in below if you'd like me to actually debunk the misinformation going around about Mickey Mouse's public domain status.
I'm low on energy so I'll save my rant until I know someone actually cares to learn what I know...
Confused likes this.
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Ugh... I feel the dire urge to rant on topics that sadly I'd be lucky if 5 people even would read them, and I'm fighting emotional and physical exhaustion before I even start...
I'm so tired of people gaslighting left and right online... not remotely willing to learn basic details and instead repeating something that's already spent 12 rounds in a game of telephone... and that non-sense spreading like wildfire while basic fucking facts get ignored...
So very tired...
DDOSed by... facebook chat?
Apparently some facebook interface decided to DDOS the site a little over an hour ago.
It's not overwhelming the network, just an absolutely ridiculous number of requests.
I've solved it by instituting a global rate limit. It should be high enough to not affect anyone actually using the server.
Basic gist is that any more than 10 requests a second gets a 429 error (Too Many Requests, like all error codes with this site it'll give you a cute cat picture specific to that error). This is purely per second, so if you see that error at any point the time it takes you to refresh again the limit will already be reset.
Vanessa likes this.
Aaaaaand We're back
So that one bad hard drive that was left went completely kaput and managed to throw the whole array into an unstable state. I couldn't boot the server until I got the replacement for the replacement drive.
Got that this morning, did a few hours of tinkering to get the array to accept the new array while the old drive was completely removed (it didn't like that lol). But once I got that in, everything came right back up.
Tomorrow I should be getting a replacement for the impaired server and I should be back to 100%.
After that, I intend to use the refund for the old one to get some extra SSDs into the two servers. That'll let me arrange things so that this site doesn't rely on the network storage and can be both faster and less prone to failure.
Dobviews
in reply to Shiri Bailem • • •The Mouse that has become public is not the Mouse we have all seen in our childhoods... instead it is the original Mouse from the late 20's. My family has a Mickey Mouse from this time period set in ceramic.
Differences... his pants are yellow, not red. His face is not as rounded but has more of a pointed (mousey shape). Pacman eyes! Most of the cartoons and drawings from this period were in B/W... not color.
Sadly my sis has the ceramic Mickey so I do not have a pic of him tonight.
Shiri Bailem
in reply to Dobviews • •@R. Nicole interestingly enough it's nowhere near as precise as that.
The remaining depictions of Mickey under copyright only hold copyright on significant changes.
In all honesty most of what defines Mickey is available for use, outside of outfits (ie. Fantasia Mickey is a very distinct look) and specific performances there hasn't been significant change in the character model (though be mindful that with broken legal systems, especially in the US, you don't actually have to do anything wrong for Disney to sue you and once they do you probably can't afford to prove your case...)
Dobviews
in reply to Shiri Bailem • • •Hence why as a crochet amiguri artist I will likely never use a "Mickey" anything. lol
I figured it was solely the 1920xs version... odd they are only using his specific costumes and depictions in certain shows instead of just allowing the early mouse version. I figured they would hold onto that far more closely.
Interesting. I still am not gonna try it, I have no money for that kind of lawsuit! lol Be well.
Shiri Bailem
in reply to Shiri Bailem • •I think I feel confident enough that people may actually read this now:
First of all is to throw out just about everything you've seen. Extremely few things are even mostly accurate, and the few I've seen of those bury the facts deep under fearmongering...
Public domain means you can use that version however you like... so long as you're not violating some other law (such as trademark) in the process. Copyright no longer applies and it's much the same as the works of Shakespeare, or the Brothers Grimm (which notably Disney used to build much of it's empire...)
Since Public Domain is as simple as it can get, that part is fairly clean and hard to distort... Trademark on the other hand goes way over many peoples' heads.
First, basic idea of trademark: it's specifically narrow in scope, does not prohibit others from using the trademarked property in general, only prohibits it's use in ways that would confuse people or would dilute the trademark.
Simply put, if a reasonable person would get confused looking at that usage of Mickey and could think it was something official from Disney... then it's a violation of their trademark.
Notably the trademark they have applies to the name Mickey Mouse (and names have no copyright) as well as the depiction of Mickey Mouse (in all versions, both copyrighted and public domain).
The reality is there's only really two things you can't do:
* Use Mickey in any way that's not clearly separate from Disney (and including things like a big bold "Unofficial" or "Not Licensed By Disney" or similar does cover that, just so long as they're not hidden).
* Use Mickey or a mouse reasonably confused for Mickey in your branding (this constitutes dilution, which means while people may not be confused it does make it so Mickey stops being associated with Disney)
Notable odd details not usually covered:
* If you make a significantly different version based on this version. (For instance if you were to re-animate Steamboat Willie with entirely new art.) You own the copyright on that version, though your copyright only extends so far as the significant contributions you've made or the exact depiction (ie. if someone tries to sell your rendition of Mickey without significant changes to it... ie. you can't grab someone's fan art and sell it, but you can make your own similar fan art and sell that)
* This actually applies to Disney's own copyright on Mickey as well, all later versions retain only the copyright on their significant contributions. For instance depicting Mickey in color is a grey area (pun intended), but precident says it is allowable as "adding color" is not considered to be a meaningful contribution to the work. (The Fantasia Mickey of course is a prime example of a meaningful contribution as that depiction is very distinctive).
Ga Schu
in reply to Shiri Bailem • • •Shiri Bailem
in reply to Ga Schu • •@Ga Schu You can find it here: foggyminds.com/display/c6ef095…
Shiri Bailem
2024-01-04 03:48:51