RE: BDSM Emblem Symbol Pendants

RE: BDSM Emblem Symbol Pendants (Full Version)

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spiritedsassy -> RE: BDSM Emblem Symbol Pendants (4/13/2008 3:24:41 PM)
Well said DA Sir, Franklin is most certainly a man of integrity and not "just here to sell His wares". He was one of the first persons i met when i came out into the BDSM community in SW Ontario a little more than a decade ago and i am blessed and honored to call Him Friend. i admire your passion to protect the original designer of the emblem Leatherist, but it would have carried a bit more weight had you actually known their name and it would seem even that is in question. Franklin does beautiful work and i wear a few of His creations, one of which is Master's day collar, a beautiful gold neckchain with a gold heart pendant that has the O ring centered on it. He also happens to run my favourite monthly BDSM munch.

DarkAngel_64 -> RE: BDSM Emblem Symbol Pendants (4/14/2008 8:30:33 AM)
Thank you spiritedsassy I agree with you that Franklin and his gorgeous carrissa are wonderful Hosts - and the Hamilton BDSM Mixer is one of my favs as well - I will see you on thursday there. By the way ss; did you know that good man Franklin goes out every month and buys us all those snacks that are out on the tables at his munch? I dont even do that at my Munch - LOL. Be well, Dark Angel

Alumbrado -> RE: BDSM Emblem Symbol Pendants (4/15/2008 5:57:52 PM)
quote: ORIGINAL: MontrealPhoenix quote: ORIGINAL: Elegant Just to note FYI: Quagmire has 'claimed' copyright on the emblem but has not ever produced evidence of registering the copyright. Without it he would have a difficult time suing anyone who used the symbol. Exactly. I suggest you read this before talking about what a nice guy he is. He has never given any proof of owning a copyright and in fact that symbol is ancient and it's debatable as to whether he would be able to copyright it.. http://www.atruerose.com/rose/bdsmsymbol/myth.htm The commentary at the end of this link pretty clearly ( and yet again) debunks that particular myth....which still doesn't keep it from resurfacing over and over and over. The person who creates a design or significant variation on a design owns the copyright on that version from the moment of inception whether or not they ever register that ownership with the copyright office, just as the next person who strings together some rhymes over the standard western triad owns that song with or without any registration.... no matter how many 'ancient' 3 chord songs have already existed. Ditto for "pictorial, graphic, or sculptural works" . Quagmyr is recognized as the person who created the specific version of the triskele that is accepted as the BDSM logo, and has no further legal need to prove anything to others. "Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright." http://www.copyright.gov/circs/circ1.html

PrettyPaddles -> RE: BDSM Emblem Symbol Pendants (4/15/2008 7:21:13 PM)
I was completely unaware of this debate and issue when I used the triskele as the background to my own site. I would hasten to add that the triskele as a bdsm symbol first appears in The Story of O. Secondly, you can TRADEMARK a symbol, but you cannot COPYRIGHT a symbol. Copyright is for an entire piece of art. from the very link you provided to the US govs info on copyright (emphasis mine) What Is Not Protected by Copyright? Several categories of material are generally not eligible for federal copyright protection. These include among others: Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded) Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources) Having read more online as to what he has done in charging people for using the symbol, he has absolutely no case unless he has a registered trademark. Using the term bdsm, triskele, and bondage discipline sado and masochism indidually in the us trademark search engine, http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=1lg55l.1.1 , i have found no such assignment. The simple fact is that a symbol or logo can NOT be copyrighted. The simplified three arm with three dotes may have been created by him, but I have seen a near identical design in Indian art from the Vedic period, although with a different symbolic meaning. This man has no call or right to force people to pay him, and by claiming a copyright he does not have, is possibly open to charges of fraud from those hes told to pay him or else.

TaoInDominance -> RE: BDSM Emblem Symbol Pendants (4/17/2008 4:13:56 PM)
quote: ORIGINAL: JohnWarren quote: ORIGINAL: Leatherist I hate to be a wet blanket, but the guy who designed the symbol had hoped no one would commercialize it. He's gone now, but I think I will always respect his wishes. No gear I make will ever have the triskelli in it. Sadly, I'll add water to that blanket. It seems as if this jeweler guy is on CollarMe only to sell his products. I don't mind someone who uses a tagline and also has interesting input, but to be here only to sell is like a hooker at a swinging party I could not agree with you more. If not the intent the method of posting appeared to be a classic Shill. As has been stated the person who has the Emblem Project is Quagmyr at http://emblemproject.sagcs.net/. I know him personally and he is a great guy, upstanding member of the Fet community and a really fun magician. Seeing his make brought to mind a dinner whrer he kept doing random magic tricks. I know he used to teach at Beat Me in St Louis for those of you out there. Last I recall he lives in the general Chicago area and is very much alive. That said: Who owns the BDSM Triskille is often a heated debate. Quag was involved with the conception though I do not believe he claims to have designed it. I believe him because I know him to be a reputable and honorable guy. More, thrre are a number of people in this community, one of whom I know very well, that Quag with no recognition or benefit quietly helped in many ways. He is what Leather should be about and very often is. If you are really interested in this go to the site and if you e-mail and he,(if he has time) is a very friendly man who does reply to people. Also rememnber a lot of supposed Triskille are (not referring to the OP) not the BDSM symbol as is pointed out on Quagmyr's site. The Triskille in many forms has represented many cultures and organizations.

PrettyPaddles -> RE: BDSM Emblem Symbol Pendants (4/18/2008 7:18:24 AM)
Tao, i know you say hes a nice guy, and I hear that a lot. But since the whole thing stems over the original BDSM use of the triskellion, which was in the story of O, and that his and many others are just different stylized versions of that, someone saying, THIS is the bdsm symbol, and that isn't, everyone look here, what i have here is the one and ONLY bdsm symbol, well... Thats just arrogance and self aggrandizement of the highest order. HOLES and not dots, my ass. He even says on the how it was created that several people had pretty much the identical thought of how this symbol they were working on might look.

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