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And to avoid accusations of thread hijacking let me say that the OP seemed like an OK poster to me until he became obsessed with large diamonds. I suggest a holiday. Last edited by timb; 07-January-2009 at 11:31 PM.. |
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Actually, we used to do it on BBSs in the 80's, literally by typing (or hot-keying) "SPAM" with a carriage return on an obviously out-to-lunch post.
I didn't invent it, though. I first saw it used in 1986 to squash other posts. Pretty effective when the other users' modems were only at 300 BAUD. Saw it again, later, on usenet a year or two later.Spamming was heavily frowned on DARPANET, though... I lost logon privelages for three days once. Not fun when you have a project to complete and need access to the databases for your information! |
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The infamous Canter and Siegel.
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And you, to whom adversity has dealt the final blow With smiling [faces] lyin' to ye' everywhere ye' go Turn to, and put out all your strength of arm and heart and brain And like the Mary Ellen Carter, rise again. |
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Might I suggest that the discussion of the origins of the term "spam" be taken elsewhere, and we leave this thread to any further discussion, if any, of the OP
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At night the stars put on a show for free (Carole King) One Earth, One Sky - IYA 2009 All moderation in purple |
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Posts about spam from another other thread.
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‘To those who regard “crime fiction” as some sacred icon which must follow a rigid formula, I will always be the man who writes 18-syllable haiku.’ Andrew Vachss, Autobiographical essay Trying to make sense of computers, The Error Log.
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For those of you not familiar with the famous Monty Python Sketch, there is a copy on YouTube here
The food product referred to was actually called Spiced Pork and Ham, which got shortened to spam, and it is still made to this day. I actually quite like it. An official advert for SPAM from the UK
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Hawaii has the highest consumption of SPAM per person.
I just had to mention that, although it really doesn't have anything to do with the OP or AOL chatrooms.
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"I'm as accurate as any psychic. And I'm a cartoon!" -- Squidward "Arrrgh, the laws of physics be a harsh mistress!" -- Bender |
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Thus, the all-caps. |
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Actually, I thought the all caps was due to the logo, which is trademarked by Hormel Foods. I think Robinson was saying we shouldn't use the trademarked name for some reason.
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"What you think you thought you saw you did not see." Agent J, MiB - Manhatten Bureau |
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Hormel does not object to the term, but insists that it be spelled in lower case so as to distinguish it from its capitalized SPAM™ trademark. Hormel objects to Spam's "product identity" (for example, images of SPAM™ cans) being used in relation to spamming, and has filed lawsuits against companies which have attempted to trademark words containing "Spam".
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smile, and the Universe smiles with you |
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This thread is making me hungry for some, but I have a chicken leg all defrosted for my tea
Plus living alone a can of spam is too big for little old me ![]()
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You could try the competitor, TREAT. It's not as good, but that means you won't bemoan throwing the remainder away.
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"What you think you thought you saw you did not see." Agent J, MiB - Manhatten Bureau |
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Provided I'm not selling them. Free speech. Thus, my writing the term SPAM, in all-caps, violates nothing, except, perhaps, Hormel's unenforceable wishes that I use lower-case. |
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The reason, Mugs, that Hormel is acting to prevent folks from misusing its trademark "SPAM" is the very real fact that companies lose trademarks when it becomes part of the language. Quote:
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Hormel is well within its rights to defend its trademarks. They don't object to defining 'to spam' to refer to advertising abuse, as long as we're careful not to misuse its logo, pics of its product, and especially to be careful to use the all-caps SPAM to only refer to the pink luncheon meat. The anti-spam community (meaning NANA* and groups in that tradition) have never had a problem with Hormel's request. Neither should you. Hormel's gone over and above to be reasonable about it. Fair's fair.
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And you, to whom adversity has dealt the final blow With smiling [faces] lyin' to ye' everywhere ye' go Turn to, and put out all your strength of arm and heart and brain And like the Mary Ellen Carter, rise again. |
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Good catch, Moose. My bad.Quote:
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Trademark rights are limited rights. They are by no means absolute. They are subject to fair use under the 1st Amendment. The right is limited to the right to prevent confusion, particularly by competitors. Thus, LEGO is protected against a competing building block company from using LET-GO blocks. Put simply, "a trademark owner has a property right only insofar as is necessary to prevent customer confusion as to who produced the goods and to facilitate differentiation of the trademark owner's goods." Since e-mail will never be confused with canned ham, using the term SPAM (all-caps and all) embodies no trademark violation whatsoeveragainst Hormel's SPAMTM meat product. On the other hand, if I were in the fertilizer market and decided to advertise my product by saying, "Think of it as spam for your garden - your fruits and veggies will love it!", then it doesn't matter whether I've used all-caps or not, as I've intimated that my fertilizer is food, and with the same four-letter word as the canned meat. Thus, it's a trademark violation. Additionally, due to my associating it with something generally thought of as repulsive (fertilizer), I would have opened myself up to a lawsuit for libel, as well. You, Hormel, and others need to become more familiar with the law before you start telling me or anyone else whether or not we can use the term SPAM, regardless of whether it's talking about the canned variety, or the SPAM I receive in my inbox. Thank you. PS: U.S. Supreme Court Justice O'Conner: "The law of unfair competition has its roots in the common-law tort of deceit: its general concern is with protecting consumers from confusion as to source. While that concern may result in the creation of “quasi-property rights” in communicative symbols, the focus is on the protection of consumers, not the protection of producers as an incentive to product innovation." Another court opined: "A “trademark” is not that which is infringed. What is infringed is the right of the public to be free of confusion and the synonymous right of a trademark owner to control his product’s reputation. … The trademark laws exist not to “protect” trademarks, but, as above indicated, to protect the consuming public from confusion, concomitantly protecting the trademark owner’s right to a non-confused public." |
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And yet, Hormel gets its legal advice from real lawyers. Certified under a bar association even.
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And you, to whom adversity has dealt the final blow With smiling [faces] lyin' to ye' everywhere ye' go Turn to, and put out all your strength of arm and heart and brain And like the Mary Ellen Carter, rise again. |
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I'll let you pick out which logical fallacy you just heinously committed, Moose. Hint: It's initials are AF. As for "snarky," what do you call use of terminology such as "that little?" Soothing? Quote:
By comparison, the source I provided, U.S. Supreme Court Justice O'Conner, carries a *tad* more weight. Just a smidgen... ![]() |
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Until then, my protests at your tone remain.
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And you, to whom adversity has dealt the final blow With smiling [faces] lyin' to ye' everywhere ye' go Turn to, and put out all your strength of arm and heart and brain And like the Mary Ellen Carter, rise again. |
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Really? For some reason I thought it was open to civil litigation. I'm not sure why, I just seem to vaguely recall it being so.
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"What you think you thought you saw you did not see." Agent J, MiB - Manhatten Bureau |
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I didn't find a convenient link to the outcome, but unless I'm severely misremembering, the judge ruled the t-shirts were bannable as well.
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And you, to whom adversity has dealt the final blow With smiling [faces] lyin' to ye' everywhere ye' go Turn to, and put out all your strength of arm and heart and brain And like the Mary Ellen Carter, rise again. |
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I'm not thinking of that specific instance, but it's just something I seem to recall from something we may have thought about doing when I was in college, but then that would probably fall more directly under Trademark Dilution than an individual doing it. Or maybe I'm thinking more along the lines of Copyright infringement. I think that some trademarks, being graphic art, might be protected under copyright if the print is a direct reproduction of the image.
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"What you think you thought you saw you did not see." Agent J, MiB - Manhatten Bureau |
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Can we keep the conversation here civil and respectful of others please
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