Does Paizo's use of Smurfs break some kind of IP?


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RPG Superstar 2012

The issue has been brought up twice, with the concern that Paizo could get into some sort of legal trouble by using Smurf avatars.

I'd hate for some concerned citizen to take this to the legal owners of the Smurfs and get Paizo shut down forever.


11 people marked this as a favorite.

So plainly the thing to do is call attention to it with a thread.

Liberty's Edge Contributor, RPG Superstar 2012

Evil Lincoln wrote:
So plainly the thing to do is call attention to it with a thread.

Plainly.

And...thanks.


Evil Lincoln wrote:
So plainly the thing to do is call attention to it with a thread.

No, you simpleton, the clear answer is to start a thread in addition to this one asking for a function to report Paizo for illegal use of Smurfs.

We need a button for this!


It appears to be used largely for the purpose of amusement, meaning it should be ok under the fair use act.

If Paizo has the smurfs to smurf a profit off of smurfs, though, then those smurfers better watch their smurf.


Smurfy levels of smurfiness detected!


taig wrote:


Plainly.

And...thanks.

Sorry dude, I didn't mean to crap on your thread. :) You're right, the controversy is inevitable. Might as well do it here.

Liberty's Edge Contributor, RPG Superstar 2012

Evil Lincoln wrote:
taig wrote:


Plainly.

And...thanks.

Sorry dude, I didn't mean to crap on your thread. :) You're right, the controversy is inevitable. Might as well do it here.

I didn't want to crap on the other thread. ;)


Smurfiously?


Smurfffffff....?

Sovereign Court RPG Superstar 2009 Top 32, 2010 Top 8

Well if it became an issue, they could just replace them with images from the new Wizkids game.

Though I think KC's special blue avatar is original art.


taig wrote:

I'd hate for some concerned citizen to take this to the legal owners of the Smurfs and get Paizo shut down forever.

Why are you looking at me like that?

Scarab Sages

Matthew Morris wrote:
Though I think KC's special blue avatar is original art.

Heh heh heh...I remember when that first made it's appearance. Man, was KC pissed!


11 people marked this as a favorite.

I propose we have the wonderfully talented Crystal Frasier draw up a dozen or so silly goblin avatars to replace the current little blue guys. Make them blue, or throw on some Braveheart-ish war paint, or whatever.

Except for Sebastian and KC. They should get custom purple "G'Nap!" goblin avatars.

I'm serious. I'll chip in on a fund to pay Crystal to do it in her non-work time (Paizo gift certificate?)... anyone else?

Sovereign Court RPG Superstar 2009 Top 32, 2010 Top 8

2 people marked this as a favorite.
Ambrosia Slaad wrote:

I propose we have the wonderfully talented Crystal Frasier draw up a dozen or so silly goblin avatars to replace the current little blue guys. Make them blue, or throw on some Braveheart-ish war paint, or whatever.

Except for Sebastian and KC. They should get custom purple "G'Nap!" goblin avatars.

I'm serious. I'll chip in on a fund to pay Crystal to do it in her non-work time (Paizo gift certificate)... anyone else?

As long as one of the goblins is shown with little white booted feet sticking out of its mouth... I'm in for $10.00


I suspect that yes, there probably is a potential IP issue, though IANAL.

Remember, everyone is entitled to as all the justice they can afford. ;-)

Scarab Sages

Pathfinder Battles Case Subscriber; Pathfinder Maps, Pathfinder Accessories Subscriber; Pathfinder Roleplaying Game Superscriber
Ambrosia Slaad wrote:


Except for Sebastian and KC. They should get custom purple "G'Nap!" goblin avatars.

Don't forget something for Kobold Cleaver.

Legendary Games, Necromancer Games

2 people marked this as a favorite.

Which smurf was the lawyer? Don't tell me Smurfette did that too...

And....

......Smurf!....

[poof!]

[oh man, my spell resistance was overcome, I've been turned into a smurf. But at least I'm papa smurf. That's right, big daddy Orcus is now big daddy Smurf]


Just so long as the blue PF goblins show up when you type SMURF.


I remember back in the day, a friend of mine -- in one of his other D&D campaigns -- had a character whose preferred weapon of choice was a +2 Smurfsmasher...

;-)

Cheers, JohnH / Wanda

Dark Archive Bella Sara Charter Superscriber

Clark Peterson wrote:

Which smurf was the lawyer? Don't tell me Smurfette did that too...

Awesome Smurf. He made infrequent appearances, usually only pulling up to smurf village in a porche and yelling at Smurfette to get her tail in the car.


Charles Scholz wrote:
Ambrosia Slaad wrote:


Except for Sebastian and KC. They should get custom purple "G'Nap!" goblin avatars.
Don't forget something for Kobold Cleaver.

I didn't forget him. :) Unless KC from the Sunshine Band is lurking on the boards somewhere.

RPG Superstar 2012

Ambrosia Slaad wrote:
Charles Scholz wrote:
Ambrosia Slaad wrote:


Except for Sebastian and KC. They should get custom purple "G'Nap!" goblin avatars.
Don't forget something for Kobold Cleaver.
I didn't forget him. :) Unless KC from the Sunshine Band is lurking on the boards somewhere.

I hope not. I owe them money.


Ambrosia Slaad wrote:
Charles Scholz wrote:
Ambrosia Slaad wrote:


Except for Sebastian and KC. They should get custom purple "G'Nap!" goblin avatars.
Don't forget something for Kobold Cleaver.
I didn't forget him. :) Unless KC from the Sunshine Band is lurking on the boards somewhere.

What if the two of them and Owen Stephens were all the same person. Wild, eh?


BTW, did any of you ever play the AD&D module UK2 The Sentinel back in the day?

Part of the adventure path was a xvart lair, but every time I DM'd it, whenever the villagers got to the description of "little blue men," all the players started laughing and talking about Smurfs!

The fact that the village elder was called "Papa Kurst" didn't help any either... >:-/

Cheers, JohnH / Wanda


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I'll just leave this smurfin' link here.

Clockwork Gnome Publishing

Smurfurion wrote:
I'll just leave this smurfin' link here.

You Smurfing, Smurf!


Sebastian wrote:
Clark Peterson wrote:

Which smurf was the lawyer? Don't tell me Smurfette did that too...

Awesome Smurf. He made infrequent appearances, usually only pulling up to smurf village in a porche and yelling at Smurfette to get her tail in the car.

I thought he was the smurf that sat broodingly at his desk at 11 o'clock at night, a half filled bottle of whiskey to hand muttering about how he hates opposing counsel... YMMV

*edit* Smurfette? Really?


Allen Taliesin wrote:
Smurfurion wrote:
I'll just leave this smurfin' link here.
You Smurfing, Smurf!

Of course this Smurf is smurfing. That is what you meant to say with that comma, right?

See? This is what I bring to the table as an editor. ;-)

Clockwork Gnome Publishing

Smurfurion wrote:
Allen Taliesin wrote:
Smurfurion wrote:
I'll just leave this smurfin' link here.
You Smurfing, Smurf!

Of course this Smurf is smurfing. That is what you meant to say with that comma, right?

See? This is what I bring to the table as an editor. ;-)

I noticed the typos and then I got distracted by everyone's favorite drow. So I neglected to fix them. Now they must stand!

Grand Lodge

taig wrote:

The issue has been brought up twice, with the concern that Paizo could get into some sort of legal trouble by using Smurf avatars.

I'd hate for some concerned citizen to take this to the legal owners of the Smurfs and get Paizo shut down forever.

Only a huge Smurfbag would do something like that.


Pathfinder Adventure, Adventure Path, Lost Omens Subscriber

How do we know Paizo didn't secure permission for smurfs?


Ambrosia Slaad wrote:
I'm serious. I'll chip in on a fund to pay Crystal to do it in her non-work time (Paizo gift certificate?)... anyone else?

+1!


Ambrosia Slaad wrote:

I propose we have the wonderfully talented Crystal Frasier draw up a dozen or so silly goblin avatars to replace the current little blue guys. Make them blue, or throw on some Braveheart-ish war paint, or whatever.

Except for Sebastian and KC. They should get custom purple "G'Nap!" goblin avatars.

I'm serious. I'll chip in on a fund to pay Crystal to do it in her non-work time (Paizo gift certificate?)... anyone else?

That would actually be a really cool idea!

Would also make sure that they didn't run into any IP problems.


1 person marked this as a favorite.

I am here to smurf you to insanity.

Deal with it.


deinol wrote:
How do we know Paizo didn't secure permission for smurfs?

I heard that Paizo's secured the rights to do a Pathfinder-compatible Smurf RPG.

Scarab Sages

I'm still waiting for MY custom smurf avatar.

TETER!!!!

shakes fist


1 person marked this as a favorite.
godsDMit wrote:
taig wrote:

The issue has been brought up twice, with the concern that Paizo could get into some sort of legal trouble by using Smurf avatars.

I'd hate for some concerned citizen to take this to the legal owners of the Smurfs and get Paizo shut down forever.

Only a huge Smurfbag would do something like that.

Why do people keep looking at me?

Dark Archive

1 person marked this as a favorite.
Pathfinder Roleplaying Game Superscriber
Karelzarath wrote:
deinol wrote:
How do we know Paizo didn't secure permission for smurfs?
I heard that Paizo's secured the rights to do a Pathfinder-compatible Smurf RPG.

Close to what I heard, but I heard Paizo bought both the Smurf and My Little Pony IP's and pathfinder 2.0 will be called. Smurf and My Little Pony Adventure Land RPG. They will offer a live action LARP version of the rules as well, with sanctioned LARP events like PFS is now. So better get started on your Smurf or My Little Pony costume now. :)


smurf smurf smurfing smurf it and it can go smurfing smurf itself


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Papa Smurf says that Paizo can use the Smurfs, and Papa Smurf is always right.

So quit with the smurfing, or Papa Smurf will get smurfevial on your blue smurf.


Trinam wrote:
It appears to be used largely for the purpose of amusement, meaning it should be ok under the fair use act.

1. There is no "fair use act"

2. This is not how fair use works. If this is how fair use worked, then copyright violation of pretty much anything would be legal if we did it for the purpose of amusement.

3. I'm interested to see Paizo's opinion on the OP.


Brian E. Harris wrote:


1. There is no "fair use act"

2. This is not how fair use works. If this is how fair use worked, then copyright violation of pretty much anything would be legal if we did it for the purpose of amusement.

3. I'm interested to see Paizo's opinion on the OP.

Ditto. Looks like a pretty clear-cut IP violation to my non-lawyer self. Of course, if Paizo agrees and removes 'em, then anyone expressing this opinion might be rather unpopular... :P


This is my first post. Where did you guys get the smurf avatars?


bugleyman wrote:
Ditto. Looks like a pretty clear-cut IP violation to my non-lawyer self. Of course, if Paizo agrees and removes 'em, then anyone expressing this opinion might be rather unpopular... :P

Oh, God forbid someone thinks us unpopular because that threadcrapping nonsense is removed. :)

Besides, do we really think they'll run out of other ideas to threadcrap?


Fair-use? No. But I think an argument could be made for satire/parody.

But even then, it'd be a civil trial and likely won by whomever could spend more on lawyers.

Brian E. Harris wrote:

Oh, God forbid someone thinks us unpopular because that threadcrapping nonsense is removed. :)

Besides, do we really think they'll run out of other ideas to threadcrap?

Not to go all meta on you, but now you're off-topic and/or "threadcrapping." :)


Ambrosia Slaad wrote:

Fair-use? No. But I think an argument could be made for satire/parody.

But even then, it'd be a civil trial and likely won by whomever could spend more on lawyers.

Brian E. Harris wrote:

Oh, God forbid someone thinks us unpopular because that threadcrapping nonsense is removed. :)

Besides, do we really think they'll run out of other ideas to threadcrap?

Not to go all meta on you, but now you're off-topic and/or "threadcrapping." :)

Well, it's a good thing such behavior is tacitly approved of, then. :|


Brian E. Harris wrote:
Well, it's a good thing such behavior is tacitly approved of, then. :|

Well of course you're gonna be grumpy if you wear a frowny face! Put on a big smurfing smile and be happy!


Bruunwald wrote:
Trinam wrote:

It appears to be used largely for the purpose of amusement, meaning it should be ok under the fair use act.

If Paizo has the smurfs to smurf a profit off of smurfs, though, then those smurfers better watch their smurf.

What Smurf said. Sort of. I think Smurf said it best as it being smurfody. In any case, since it's for smurf and they make so smurf from it and are not promoting and smurf with it, the can smurf well have some smurf with it without having to worry about getting smurfed.


1 person marked this as a favorite.
Ambrosia Slaad wrote:
Brian E. Harris wrote:
Well, it's a good thing such behavior is tacitly approved of, then. :|
Well of course you're gonna be grumpy if you wear a frowny face! Put on a big smurfing smile and be happy!

Thats smurfing right!

Dont worry, be smurfy!

**edit** OH WHAT THE SMURF! Why did I get Smurfette and WHAT IS SHE LOOKING AT WITH SHOCK AND AMAZEMENT!

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