Skyblock is being taken by Microsoft.

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Phoenix SC

Phoenix SC

Күн бұрын

Пікірлер: 3 500
@PhoenixSC
@PhoenixSC Ай бұрын
Posted this on r/PhoenixSC, but I'd like to elaborate on this video. As someone not privy to the legal dispute, it's difficult to righteously take a side here. It's easy to fall for the trap of going all guns blazing and supporting the smaller man - Noobcrew/Mineverse (N). I'd even say that it's the "kinder" thing to do. Microsoft and others (M) have vastly more resources capable of decimating every legal angle. There are ramifications for both sides. 1. If N wins and "Skyblock" is trademarked, N has power to claim all media listed under registration of title "Skyblock". To give several examples per application: "content creation for virtual worlds and three dimensional platforms", "virtual environments", "hosting of digial content". N argues they have no intention of doing so, but this is not evidence of future intent. What is likely to happen in the short term is that all commercialised "Skyblock" maps/games/etc. will have to change their titles. I am unsure of other remedies N seeks to claim. 2. If M wins and "Skyblock" is not trademarked, "Skyblock" remains in public domain. M's content can be commercialised per status quo. Everyone is free to use "Skyblock" as they see fit. N probably has no other IP claims. N has no moral rights (i.e., crediting) either, although enforceability of moral rights is dubious anyway. All laws are broken and unfair systems, but IP law is especially unrepresentative of individual (creative) interests. It doesn't work well. N is likely going to lose, and lose severely. The worst of it is M is unwilling to settle. There are solutions, and no one is budging. Things do not have to be as bad as they are, but so long as M believes the law to be on their side, they will come out ahead.
@Ownxer
@Ownxer Ай бұрын
okay
@jazzman7842
@jazzman7842 Ай бұрын
Skyblock is more of a gamemode, it seems unusual to be able to copyright a gamemode in a game you didn't make, even if you did make the gamemode
@tuankhangcaonguyen5545
@tuankhangcaonguyen5545 Ай бұрын
You explained this better than I could but ye essentially it's basically 2 camps: One is dubious enforcement of moral rights from Noob the creator if he actually is said creator and the question of will he abuse the law if he wins, sueing everyone who uses the name skyblock for monetary gain himself The other is free commercialisation of the term skyblock from quad color goliath and it's minions which will come with using the original version "well-known name" to make money even though they could redirect the buyer to the real one which is free (but of course morals has never been profitable) so they will obviously keep scamming their fans P.s. I do believe that supporting Noob is still the better choice as I hope that a single human being will not make the heartless decision as to scam their fans out of millions like quad-color goliath wlll. Basically just hoping at this point cuz I refuse to support microsoft with continuing to scam the fans
@tuankhangcaonguyen5545
@tuankhangcaonguyen5545 Ай бұрын
@@jazzman7842 i mean if there is a better alternative (microsoft backing down and decided not to keep scamming bedrock players out of millions and Noob the supposed creator backdown and don't pursue copyright further) people would have flocked to the alternative but ye the point is, the unusual stuff is just a means to an end for the supposed creator (Noob) of skyblock
@MCBOMB27
@MCBOMB27 Ай бұрын
If N, were to win, which as you mentioned is unlikely, then do you think marketplace teams and others would change the names similar to the way Microsoft suggested people to not use "Minecraft" and use phrases like, "minecrafty" aka non eula names that follow usage guidelines. "Original Skyblock" -> "Our Original Skyblock" or "SkyBlockCraft" just some other name similar to skyblock?
@youssifelshal
@youssifelshal Ай бұрын
without skyblock i wouldn't have known what even is a cobblestone generator
@gangstacat235
@gangstacat235 Ай бұрын
ikr
@elwoodexplorer
@elwoodexplorer Ай бұрын
@@gangstacat235 probably becuase skyblock is the only place where generators are use
@JJTheDev
@JJTheDev Ай бұрын
@@elwoodexplorer silverfish farms (old ones)
@Shizuu_z
@Shizuu_z Ай бұрын
@@elwoodexplorer pfttt so you actually go into caves to mine? i just kill 2 iron golems to make 2 buckets of iron, grab a bucket of water and a bucket of lava and make a cobblestone generator and mine cobblestone (with my wooden pickaxe) until my inventory is full of cobblestone (it will be very useful for progression)
@extremegameplays7404
@extremegameplays7404 Ай бұрын
What a cobblestone generator _even is_*
@Terrazon
@Terrazon Ай бұрын
Man, that Technoblade's Skyblock monologue is so great, even after 5 years
@radelak3794
@radelak3794 Ай бұрын
I like the second part more
@TheRedBeet
@TheRedBeet Ай бұрын
R.I.P. technoblade
@tattonscorner7222
@tattonscorner7222 Ай бұрын
Technoblade never dies
@MrBelles104
@MrBelles104 Ай бұрын
RIP
@Kionum
@Kionum Ай бұрын
Everytime I hear "then you log into wynncraft" it cracks me up it's so perfect
@SamitoFPS
@SamitoFPS Ай бұрын
Hey guys, new Mineplex owner/CEO here -- that lawsuit was with the old legal holding company Mineplex LLC. We are a new entity that purchased the old assets from the old company and have nothing to do with this suit! I wasn't even informed of this suit until months later, just wanted to provide this context
@realjordantrs
@realjordantrs 21 күн бұрын
If that’s true, maybe you could help Noobcrew in the legal battle, they need all the help they can get and it would be really nice to see companies like Mineplex stand up for people like him
@dragon1512
@dragon1512 16 күн бұрын
@@realjordantrsmineplex is still in the process of setting their server back up. They’re in no position to assist someone with a lawsuit with no hope
@GSBarlev
@GSBarlev Ай бұрын
_Parkour Civilization_ creators take note: register that trademark *now*
@Remyria
@Remyria Ай бұрын
nearly 15 years old skygrid in shambles
@lolliii5477
@lolliii5477 Ай бұрын
evbo be shaking right now -what will be left?-
@GameNobz
@GameNobz Ай бұрын
@@lolliii5477 "what will be left?" that one meme.
@Zakronyx
@Zakronyx Ай бұрын
Evbo gonna respond to anyone trying to register Parkour Civilization with a backwards 360 2 block verticle for beef into a 3 block candle jump followed by a 180 2 block neo
@dedmaxim99
@dedmaxim99 Ай бұрын
It's not even a joke at this point - they NEED to do it, as it turns out. If anybody makes anything remotely popular in Minecraft at this point, they must act right away or else big brother Microsoft will come and take it
@Selfdestructingwii
@Selfdestructingwii Ай бұрын
Sometimes i wonder what the state of Minecraft would be if notch didnt make that deal with Microsoft.
@Skupin27
@Skupin27 Ай бұрын
better?
@malwrix
@malwrix Ай бұрын
what deal?
@Haveanicepeach
@Haveanicepeach Ай бұрын
I mean, it's hard to tell if it would be better or not, think of the nether update for example
@Skupin27
@Skupin27 Ай бұрын
@@Haveanicepeach true
@kingpatatochip3357
@kingpatatochip3357 Ай бұрын
I dont think it would be better or worse, just a whole diffrent game. Notch always seemed more about adding systems that built off eachother and progression content with a hard end. Micrsoft keeps adding small bouts of content that only sometimes connect to other content but are more about constantly adding on to a never ending sandbox of bits and bobs.
@iweerd
@iweerd Ай бұрын
One thing to consider: In the modded community, the term “Skyblock” has come to mean an entire subgenre of mod pack; starting without the natural resources of the Minecraft world, needing to progress using features of different mods and Minecraft itself.
@flookaraz
@flookaraz Ай бұрын
There's a youtuber who is doing a vanilla skyblock series - no mods, just starts in a snow biome on a singular dirt block. Literally not even a mod, skyblock is a gameplay concept at this point. It is an idea that can be patented, but the magnitude of its free use and subsequent paid use is a real consideration against that. A trademark makes more sense, but skyblock has evolved past the actual mod and become any kind of sky based resource challenge.
@patchesdog4330
@patchesdog4330 Ай бұрын
@@flookaraz ah jokeypokey
@felipevasconcelos6736
@felipevasconcelos6736 Ай бұрын
I didn’t even know the original skyblock until a few years ago, it was always a genre of modpack to me. That term has been extremely genericized, there’s no way it could be trademarked. On the other hand, these marketplace skyblocks are clearly not using it generically. They have the same L-shaped island with one oak tree and a chest, when the average skyblock modpack doesn’t. An average skyblock has a 3x3 island and has obtaining water and lava as the starting challenges, as opposed to just giving it to you for free.
@codysloan3634
@codysloan3634 Ай бұрын
​@@flookaraz That youtuber calls it "the real one block challenge". It's one block, which is similar to skyblock but obviously you only get one block. Sometimes people call it "One block Skyblock" or similar. There are also many one block mod packs, although not as popular as skyblock of course.
@iweerd
@iweerd Ай бұрын
@@felipevasconcelos6736 I agree; the idea of skyblock shouldn’t be trademarked, maybe not even the name, but the world that was made absolutely should. I don’t know enough about trademark law to speak more on it, but it’s crazy how much the term is used outside of the original map.
@TJPrime99
@TJPrime99 Ай бұрын
5:51 Following this logic, Skyblock is as valid a trademark as Minecraft itself, since the game's name literally describes two of the three main mechanics of the game: Mining and Crafting (plus building)
@theseviest
@theseviest Ай бұрын
@@maxniemand975 Word „Skyblock" is too generic - so is "Windows".
@ForkGenesis
@ForkGenesis Ай бұрын
@@maxniemand975 you can, though? There are literally dated forum posts where this word was first being used. By Noobcrew.
@PixlRainbow
@PixlRainbow Ай бұрын
@@theseviest Skyblock isn't generic, but you could argue that Skyblock has become "genericized", a phenomenon where a unique name enters common parlance and becomes understood by the average person to be a category/genre/style rather than a specific application. See "Cellophane" and "Aspirin".
@mher_22
@mher_22 Ай бұрын
Yes! I've been looking for this comment! Look at that! "Windows", Very generic yet trademarked! "Firefox". Describes a fox on fire. Still trademarked. "Bluetooth". Describes a tooth that is blue. Still trademarked. "PowerPoint". Describers a point of power/a powerful point. Still trademarked. So how come "Skyblock" be unable to be trademarked?
@MorganSaph
@MorganSaph Ай бұрын
​@@maxniemand975 he did care. He just didn't take action since no one was making money off his idea. Then those companies come along and make a couple million off his, now stolen, idea. Also, his version IS Skyblock. it's every other version that's different and thus, gets attachments added to the name
@znefas
@znefas Ай бұрын
Glad to see that Technoblade's reference to Wynncraft hasn't died
@gray7up
@gray7up Ай бұрын
Technoblade never dies
@mrflappie6553
@mrflappie6553 Ай бұрын
I'm already glad Technoblade's name is still alive. When I saw his name I went 'heyyy!!" [insert Django meme]
@JordanMontgomery-y6j
@JordanMontgomery-y6j Ай бұрын
​@@gray7upbut he did die
@patricefrey5922
@patricefrey5922 Ай бұрын
​@@JordanMontgomery-y6j physically: yes Spiritually: never
@janeknq
@janeknq Ай бұрын
I... am... crying :(
@lazorati4496
@lazorati4496 Ай бұрын
I'd say a main issue of trying to trademark this is that the cat is already out of the bag. "Skyblock" now just refers to any modpack or map that occurs in a void world. Heck, on curseforge, "Skyblock" is a descriptive category in the same search functions as "Horror", "Tech", "Adventure and RPG", and others. With the rise of the bedrock paid map store, the timing seems like it's just because it's now attached to a bigger name. They waited until 2019 to start trying to trademark the term, despite the name already being widespread and generating revenue (through java mod portal ad revenue) via attachment to other projects. It was pointed out others attach the term "Skyblock" to maps in order to help generate revenue, as if it's a bad thing to use a non-trademarked descriptor that's known to the community.... but isn't that exactly the reason noobcrew is pursuing the trademark?
@dr4gonstear
@dr4gonstear Ай бұрын
It seems scummy to try and wait until something is popular before trying to earn payment for its adoption. There is a thing in law where, if you become the name for "the thing", you lose the trademark as it becomes natural language, or something. If "Google" was only a search site, the term "google it" would diminish Google's ownership over the word "Google". Same with Photoshop. Adobe must never refer to editing a photo as photoshopping a photo, because they were already at risk of losing it. The idea that "Skyblock" means "The one map that guy made", and not a genre of maps, is super dumb. He should have trademarked it when he first invented it, if it was allowed. So we could have no other maps like it, because all it could possibly do is inhibit creativity. Someone made the first puzzle adventure map. Does that mean Microsoft has to pay that person for the idea of red stone puzzles and contraptions?
@krisavi
@krisavi 24 күн бұрын
​@@dr4gonstearin trademark you have to prove that if someone says the trademark, then they predominantly mean the specific version you are trying to defend the trademark. If someone would ask me what Skyblock is in Minecraft, then I would describe the genre not specific map from someone unknown for me. I see that this trademark is already lost as it wasn't actively protected from the beginning.
@HamuraiJack29
@HamuraiJack29 14 күн бұрын
At this point the only purpose to trademarking it is to monopolize it, and that's obviously not okay. Anyone who disagrees with this is a POS.
@Hiccupsinator
@Hiccupsinator Ай бұрын
The most surprising part of this video is learning that Phoenix studied law 2:28
@Cashbans
@Cashbans Ай бұрын
Me too
@lewishallam9924
@lewishallam9924 Ай бұрын
SUBNAUTICA CAT
@inv_hana
@inv_hana Ай бұрын
ParkzerSC
@埊
@埊 Ай бұрын
Laws Left Hand was PhoenixSC in, confirmed.
@helio3928
@helio3928 Ай бұрын
@@埊 nice scp reference
@cloudy6256
@cloudy6256 Ай бұрын
This is what we like to call _not good_
@Lmaus-the-ultimate-gamer
@Lmaus-the-ultimate-gamer Ай бұрын
If Microsoft didn't buy Minecraft, maybe we wouldn't have lazy ahh updates.
@Generic_Noob
@Generic_Noob Ай бұрын
@@cloudy6256 This will have exactly 0 effect on your gameplay. If the creator of skyblock wins, all maps named skyblock will have to be renamed. If Microsoft wins, literally nothing will change
@falloutfart9917
@falloutfart9917 Ай бұрын
@Generic_Noob That’s not what would happen if Microsoft wins. If they win there would be a drop in community created content because of fear of it becoming too popular and thus being taken by Microsoft.
@inva88
@inva88 Ай бұрын
​@@Generic_Noobif the creator wins all the companies claiming to be the "original" will have to stop lying I think law should prevent companies making false claims
@PlexityVoid
@PlexityVoid Ай бұрын
@@Lmaus-the-ultimate-gamerno they would be lazier lol
@speedstyle.
@speedstyle. Ай бұрын
The purpose of trademark law is _not_ to protect creative expression, it's to reduce consumer confusion. Users aren't aware of who created skyblock in the first place, there's no brand recognition, as Microsoft says it refers to a whole category of gameplay and not the particular map released over a decade ago. They may have a case on copyright grounds, given selective enforcement is fine there and there was no licence to reproduce/adapt it, but many maps lend themselves to similar gameplay which aren't really derived from the original.
@rafa_br34
@rafa_br34 Ай бұрын
Yes, people are not aware because the idea of giving the player bare minimum for progression and a huge empty canvas is, surprisingly, common. At this point might aswell say that every single game which allows for building and only provides the player with basic resources is also a type of "Skyblock".
@Predated2
@Predated2 Ай бұрын
​@@rafa_br34 Except, not really. Its really not that common. Skyblock is literally a map in a game with endless resources, and removed all those resources to only a few. You are literally stranded. Other games that allows for building and basic resources in general, would include Minecraft itself. And Skyblock is not even close to Minecraft. You're not stranded. The least that Microsoft should do here, is offer Noobcraft 10% cut of profits made from the store. Past and future. That currently means a 2m-4m paycheck. He originally created the idea, and while there are a lot of creative additions, Microsoft is demanding a cut for posting mods in the marketplace because it uses their game. Which is probably about 10%. It's only fair they give Noobcraft the same treatment.
@higueraft571
@higueraft571 Ай бұрын
@@Predated2 >Its really not that common. It's EXTREMELY common. There's Oneblock Skyblocks, Skygrids, an entire Genre of Modded Packs revolving around starting on a Skyblock, even a Gregtech New Horizons sort. >He originally created the idea And he was generally WAY too late to have any real Claim on the Trademark. It'd been about 8~ years since it released before he started any dispute on it. By this point, any "Claim" is 6 feet under from how commonplace/genericized it is now...
@Predated2
@Predated2 29 күн бұрын
@@higueraft571 you do realize pokemon claimed a trademark on throwing an object to capture a creature, 30 YEARS after the fact? And besides, all you listed were minecraft based modpacks. Not paid content. Again pointing towards Nintendo, there were pokemon roms for YEARS. EXTREMELY common. Yet due to a relatively recent trademark, Nintendo managed to deal with that. Noobcraft filed a trademark the second people were making money from it. And not only that, most contestors are claiming they should get the trademark.
@notrealnotreal-e8g
@notrealnotreal-e8g 29 күн бұрын
@@Predated2Pokémon thing was a patent not a trade mark which is completely different legally speaking.
@CrystalFier
@CrystalFier Ай бұрын
6:16 if "Windows" can be trademarked, so can Skyblock.
@heroslippy6666
@heroslippy6666 Ай бұрын
"Minecraft" is also very generic term for games involving mining and crafting.
@cinderwolf32
@cinderwolf32 Ай бұрын
Windows isn't a generic term for operating systems.
@testerwulf3357
@testerwulf3357 Ай бұрын
@@cinderwolf32It really is, came from the generic phrases like “internet is the window into society” and stuff. They didn’t just randomly decide “lets call it windows”
@josephschubert6561
@josephschubert6561 Ай бұрын
TL;DR that's not the only thing involved with trademarks. (And Noobcrew is right to file a trademark for Skyblock.) There are a few things that determine if something can be trademarked. Being "incongruous" is one of those. Computers are not apple-shaped, they're big boxes of metal and plastic and have zero sugar. You would never think to describe a computer as an "apple," which is why the computer company Apple was able to trademark that. Similarly, in 1985 you would never think to describe a computer software OS as "windows." Now, "Skyblock" probably won't fall under the "incongruous" category, but that doesn't mean it can't meet other criteria for being a trademark. I only have a commoner's understanding of trademark law but the intent behind it is to protect consumers from buying a poser's product. If someone wants to buy a genuine leather bag stitched by Louis Vuitton they're going to look for that LV symbol. If anyone was able to slap that LV symbol on their bags, a consumer might be mislead into purchasing a bag of lower quality (or at least, purchase from someone other than who they intended to buy from). Because Noobcrew released the original Skyblock map _for free,_ I believe he has a legitimate concern that consumers are being taken advantage of when another company/person sells a knockoff product _for profit._
@cinderwolf32
@cinderwolf32 Ай бұрын
​@@testerwulf3357 literally no one is going around making other operating systems called "windows". It's not generic. The term "PC", which *does* refer to a very specific product from a specific company, *is* generic and can't be copyrighted.
@zerotwo7319
@zerotwo7319 Ай бұрын
This is why trademarks or copyrights are usless. You don't have the same resources as giant corporations to fight legal battles. It does not protect anything other than who can pay for lawyers.
@N1korasu
@N1korasu Ай бұрын
Well if he had filed before it became the generic name for this type of mc custom map he'd have a fighting chance but he didn't
@PrincessFelicie
@PrincessFelicie Ай бұрын
@@N1korasu That would have required a level of prescience about the minecraft marketplace that anybody not an employee of microsoft simply _couldn't have_ . When he made skyblock, he sure couldn't anticipate Microsoft would buy out Mojang, then remake the game in another language, then open a marketplace on it. Skyblock was made in 2011, the marketplace was first tentatively opened in 2017 -- he started filing for copyright in 2019, that's "almost immediately" in law time. Something that wasn't a problem because it straight up didn't exist was suddenly created. You can't plan for that.
@zappyapp
@zappyapp Ай бұрын
@@PrincessFelicie The marketplace has nothing to do with whether or not you should trademark your work. You can't predict what's gonna happen and that's exactly why you should trademark your work if you think it's worth anything. Imagine if disney only trademarked their name AFTER their ip got popular
@PrincessFelicie
@PrincessFelicie Ай бұрын
@@zappyapp Imagine the kind of scandal it would have caused if he'd tried to trademark Skyblock in _2011_ and then rethink your comment
@wojciechmuras553
@wojciechmuras553 Ай бұрын
Legal fees should come from a common pool. You're a massive company trying to fight an individual? Sure. You can throw 500,000$ at the lawyers. But that'll get split 50/50, so your lawyers get 250,000$, and your opponent gets 250,000$ to spend on lawyers.
@Windows__2000
@Windows__2000 Ай бұрын
I honestly disagree. Skyblock has become a general name for a type of game mode. It's similar to if fortnite tried to trademark "battle royale" (I know they weren't first, but you get the point) If "skyblock" was gonna be a unique name for one company, they should've trademarked it immediately. To me, this seems more like they woke up one day and decided it would be nice to not have competition.
@BendsSpace
@BendsSpace Ай бұрын
This point is supported by the law too. I would say he failed to protect his trademark, but he didn't even have one in the first place. Someone can't decide they own a word **after** people start using it. And as for the descriptive argument, it's not descriptive because it's generic or simple, it's descriptive because people are wildly using it as a descriptor.
@lisam5802
@lisam5802 22 күн бұрын
@@BendsSpace rather than failed to protect I guess it's a failed to ever establish it as a distinct brand as well.
@Calyde
@Calyde Ай бұрын
One thing I’ve heard about trademark law, is that if you don’t protect your trademark, the name can fall into the public domain. This is what happened with the name Band-Aid (*correction*: not true according to replies). The original Band-Aid company either never filed for a trademark of the name, or didn’t protect their trademark when necessary, so when other people started making small adhesive bandages, they just started calling them bandaids. Before too long the trademark dissolved, because the word had become commonplace to that particular form of first aid, and could no longer be protected, as it was essentially added to the dictionary. I don’t think Skyblock is quite at that point, but there’s a chance it might be too late, just because all of these other maps have used the name. Also, for anyone worried how the trademark could effect Java Minecraft maps. It won’t. Java maps are free, and there’d be no financial concern from noob crew over that. They may perhaps require the TM moniker with their name somewhere in the map download, but if it’s free user made content, as far as I’m aware, that doesn’t effect its availability. However, Hypixel Skyblock may need to change their name if the Trademark is granted, but, that wouldn’t be a bad thing, because their map is far from what Skyblock is already, and it’s evolved past that to a whole new name anyway. They’d just need to come up with one. Edit: I appreciate all replies and corrections. Like I said, it’s just something I heard and I’m no expert in trademark law. People are saying bandaid is indeed trademarked. I had heard the contrary a long time ago, but I appear to be wrong about that. Additionally, some are saying it doesn’t matter if the content is free or not. This is technically true, but free content (especially when it isn’t popular) can sometimes fly under the radar because there is no financial incentive involved, and while it’s technically still in violation of the trademark, if it is unpopular itself and doing next to nothing in generalizing the term, the trademark isn’t damaged, so it may never get corrected. Therefore, popular free SkyBlock related games, such as Fortnite and Roblox’s versions which are free would need to and have changed their names. I guess my point here is, Noobcrew only really cares if people are using the name to make money. Others have mentioned that you have to protect trademark in all cases which is also true, but but noobcrew is going to prioritize the Minecraft marketplace first assuming he is granted the trademark, so all the free Java maps flying under the radar will stay there if they aren’t harming the brand. It would be up to noobcrew to pursue it that far if he needs to, and he might if legal counsel says he needs to. But even in that case, all the Java maps would still be available, just under a new name.
@AndromedasCartoon
@AndromedasCartoon Ай бұрын
"I don’t think Skyblock is quite at that point" I honestly think it is, given that it's spread to numerous games (some not even in the same genre (Fortnite, and Terraria to a lesser extent)). I'm a firm believer that the vast majority of the time, the corporation's in the wrong, but given how widespread it was by the time Noobcrew wanted to use the patent, I'd honestly say that Noobcrew's in the wrong for wanting to push a trademark that honestly shouldn't exist.
@MrWilliGaming
@MrWilliGaming Ай бұрын
well this is just a matter of resources. "googling something" has long since become a common word describing the use of a search engine to search for something. Google should thus lose the trademark for their search engine. that won't ever happen ofc.
@Ippotsuko
@Ippotsuko Ай бұрын
@@AndromedasCartoon not to be contrary, but it's not a patent. patent law, trademark law, and copyright law are 3 different things for protecting creators. patents are for inventions so in this case if it was a patent it'd be for the game mode it's self which he's not trying to take away it's just the name. trademark isn't really a bad thing to deal with you just change name and everything else is fine, so i really see no issue in letting the creator of the name/gamemode have a trademark for that name when they've said several times they don't care if others use the name as long as it's not taking away from his own visibility (like on the marketplace)
@Gabriel-lh7gy
@Gabriel-lh7gy Ай бұрын
Funnily enough that isnt a lack of trademark, if a term gets too popular it losses the trademark protection that's why google doesn't let "googling" be added to dictionaries Same reason why Microsoft also doesn't want the genre of voxel based building games to reference Minecraft
@Gabriel-lh7gy
@Gabriel-lh7gy Ай бұрын
​@@AndromedasCartoonit doesn't actually matter this concept is more about marketing not branding You can say your map is a SkyBlock but you can't call it SkyBlock
@ZoYatic
@ZoYatic Ай бұрын
I didn't know that Phoenix once studied law, but I would honestly love to listen to him talk more about it. A bit off-topic, I know
@GSBarlev
@GSBarlev Ай бұрын
How could you not know?! There's a whole video game series about *Phoenix Wright: **_Ace Attorney_*
@AndromedasCartoon
@AndromedasCartoon Ай бұрын
@@GSBarlev nice
@David-ou5qm
@David-ou5qm Ай бұрын
Its also an anime
@barahng
@barahng Ай бұрын
@@GSBarlev Beat me to it
@MightyDantheman
@MightyDantheman Ай бұрын
Yeah this was a good video. Some of the other ones come at this from the wrong angle in my opinion. You cannot copyright a concept, idea, or system. There are patents, but the ones involving game systems should not and should never be allowed. The only claim the original creator of Skyblock would have was the name itself, but they never claimed it over all of these years, making their defense so much weaker than it would've been. Also "Skyblock" is a very generic name, and I believe this was used as a defense, stating that any block in the sky could be called a "sky block". I'm kind of mixed on this situation, but I don't think anything is going to change regardless.
@alexus_aaaaa
@alexus_aaaaa Ай бұрын
1:00 Man... do you have to make me cry again...?
@PloobTv
@PloobTv Ай бұрын
i feel the same way its sad it ended as it did :/
@Blueboy-y2b
@Blueboy-y2b Ай бұрын
TECHNOBLADE NEVER DIES
@troll_486
@troll_486 Ай бұрын
"noo, dont make money off of our game !!!" "oh yeah, lets profit off that sky block thing, hell yeah"
@pixelfactorial-r6z
@pixelfactorial-r6z Ай бұрын
gg on popcore
@eliescobis9922
@eliescobis9922 Ай бұрын
and that is why minecraft should fail
@Vorticough
@Vorticough Ай бұрын
​@@eliescobis9922 nah just microsoft and modern day mojang for the scorcery they have bestowed upon this game
@Tarmanin
@Tarmanin Ай бұрын
money
@Auburn_Rusame0704
@Auburn_Rusame0704 Ай бұрын
“Give support in any way you can” You heard the man. Good soldiers follow orders
@ItsCOMMANDer_
@ItsCOMMANDer_ Ай бұрын
o7
@jasonparkerirl
@jasonparkerirl Ай бұрын
Yessir
@suddenlime4828
@suddenlime4828 Ай бұрын
as crosshair nr1's fan you made me listen. ily
@MarwanHadidi
@MarwanHadidi Ай бұрын
O7
@ihatehandles69420
@ihatehandles69420 Ай бұрын
Not a soldier. Go do it yourself, good soldiers follow orders.
@hexerin
@hexerin Ай бұрын
2:07 "My intention is not to incite conflict with Microsoft etc". That is why Noobcrew will lose this. You cannot win against corporations by being passive, you have to be aggressive and create waves, otherwise you stand literally no chance.
@BendsSpace
@BendsSpace Ай бұрын
His case is ridiculous. Someone can't just decide they own a word **after** they let everyone use it. Legally speaking, by saying that, he's basically saying he will accept a payment from them.
@josetheyoutuber
@josetheyoutuber 27 күн бұрын
@@BendsSpace your thinking of copyright.
@BendsSpace
@BendsSpace 26 күн бұрын
@@josetheyoutuber I am refering to trademarks. Trademarks on names and logos. Copyright is for actual IP works.
@BendsSpace
@BendsSpace Ай бұрын
The case is simple: the guy didn't protect his trademark. People used the name he came up with. The name no longer became affiliated with the guy's stuff, and instead describes the gamemode. Therefore the guy can no longer get a trademark. This is basic trademark law. If anything, those big companies (god forbid) are upholding the law (at least while it's beneficial to them). Do you hear Skyblock and think: oh, that one company/person's stuff? No. Therefore the guy failed to protect the trademark. You can't get a trademark *after* everyone starts using a word you came up with, that would be ridiculous.
@beeftips1628
@beeftips1628 Ай бұрын
Skyblock is also being used in terraria soon. With the release of 1.4 they introduced “secret seeds” where a player can enter a phrase or specific set of numbers in the seed to get a whole different experience. With the development of 1.4.5 being underway somebody asked to add an official skyblock secret seed (rather than downloading a world from steam workshop) and the devs agreed. No idea of it will officially be called skyblock but I felt it’s worth mentioning Edit: since a few people are trying to tell me that I shouldn’t be worried about terraria violating the trademark or something I should clarify. I wrote the comment when phoenix was saying how far skyblock had spread and how influential it’s been, before he said anything about the trademark controversies. I was adding to that conversation and I’m not worried about terraria.
@heroslippy6666
@heroslippy6666 Ай бұрын
We've had skyblock terraria maps for a very long time. dont need premade world gen for that.
@beeftips1628
@beeftips1628 Ай бұрын
@@heroslippy6666 making something official rather than something you have to go out of your way to download is almost always better especially for a more casual player. even if nothing is changed for the official version, just making it more accessible and known is better. However like most secret seeds the skyblock one is going to change more than just world gen but many game mechanics. I would say we need an official version.
@hyx6194
@hyx6194 Ай бұрын
I doubt it would be called skyblock. But even if it did, Relogic would happily agree to change the name.
@Syl700
@Syl700 Ай бұрын
i doubt terraria would ever be attacked by this because: 1. minecraft and terraria are completely different games, so the only "copied" aspect would be managing your resources and planning ahead, which is too much of a general idea for Skyblock to specifically own. 2. whether it's on the steam workshop or officially in the game, both options are completely free with no extra charge. Microsoft is needing people to pay their paid currency to be able to play these maps in their game. and yes you need terraria to play skyblock terraria, but thats the same case with minecraft. 3. mentioned by hyx619 in this reply section, Re-Logic is a much smaller company than Microsoft, and will have no issue changing the name, even IF they claim it to be the original skyblock (which I highly doubt they'd be stupid enough to call an iconic minecraft map to be made by themselves in terraria).
@MGSLurmey
@MGSLurmey Ай бұрын
@@hyx6194 Relogic is great like that
@Dinotymek
@Dinotymek Ай бұрын
Microsoft is slowly turning into Materia Collective
@alexv3372
@alexv3372 Ай бұрын
What’s materia collective???
@NotReal4
@NotReal4 Ай бұрын
⁠​⁠@@alexv3372the company that manages the Undertale soundtrack, and went against the wishes of the creator of undertale multiple times.
@horsepowermultimedia
@horsepowermultimedia Ай бұрын
Microsoft*
@RangerW36
@RangerW36 Ай бұрын
I’d say Mojang is worse. At least Materia is only horrible about using music. (Which I’ve heard Mojang also is, for a lot of tracks post-1.16?) Mojang is getting closer to how Nintendo uses copyright, honestly.
@AveragePumpkin204
@AveragePumpkin204 Ай бұрын
doesn't mojang work on the java edition
@Greatbabyred
@Greatbabyred Ай бұрын
This is like J.R.R. Tolkien trying to copyright the word "Mithril" like buddy it's way too late for that
@Carroting
@Carroting Ай бұрын
Without getting too into the details of this case, I personally always viewed "Skyblock" as a genre of survival, rather than a specific gamemode. For example, Hypixel Skyblock uses the same name due to its inspiration from the original Skyblock, but varies drastically. There are a variety of Skyblock style servers that all have such varying interpretations and takes on the original. There is certainly an issue of spammed unoriginality on the marketplace, but I think that trademarking the term Skyblock or making it a protected term doesn't actually address the root issue. Minecraft is a trademarked thing, and yet you can still find a spam of trash copy-cat apps in the app store. Skyblock is too wide a descriptor I feel to be able to isolate to a singular descriptor. And setting a precedent where companies or people have trademark such wide scoping concepts seems a more dangerous precedent than one that keeps general ideas open in the market
@symmetry8049
@symmetry8049 Ай бұрын
This is the first I'm hearing about these noobcrew guys honestly. Now I find it rather disgusting what's going on with minecraft marketplace in general, but I still don't think that "Skyblock" should be a thing that belongs to anyone? And while that shit should not be paid, all those maps are rather objectively skyblock maps. I see the term as something akin to a genre? Like, do we want Nintendo to trademark the genre name of "Metroidvania", because it has the full title of Metroid in it? Besides, noobcrew is not suffering any damages, are they? They're not selling anything themselves, are they? Kiddies get scammed out of their money for cheap maps, but that's between them (, their parents) and Microsoft. I could boot up my instance of minecraft, and within 5 minutes create a new custom skyblock world from scratch. If I made a YT series from that (and earned ad revenue or had sponsors?), would they go after me too because I used "Skyblock" in the title without crediting them? Same for all the actual skyblock videos.
@speedstyle.
@speedstyle. Ай бұрын
I agree they shouldn't have any rights under trademark law here, maybe they do under copyright. Whether they're profiting themselves is irrelevant though - if I create something and release it free of charge or with a copyleft licence, I should still be able to stop others selling it as their own (copyright), and consumers still shouldn't be misled by the similarity (trademark).
@rafa_br34
@rafa_br34 Ай бұрын
To be completely honest, I see their attempt to trademark it as pure greed.
@brylythhighlights4335
@brylythhighlights4335 16 күн бұрын
@@speedstyle. Yes and no - when you're aware of infringement on both fronts for 8 years before taking **any** steps to protect your work, ehh... courts don't view that very nicely.
@speedstyle.
@speedstyle. 16 күн бұрын
@@brylythhighlights4335 Courts don't care at all whether you litigate your copyright. In this instance they didn't care until it was being used for profit, that's very normal.
@awesomiteore
@awesomiteore Ай бұрын
No, just because you pioneered a genre doesn't mean you should have total authority of it. Do not support someone trying to trademark a genre. Skyblock in Minecraft was like Defence of the Ancients of Wc3, it was such a cool and innovative idea that it became an entire genre. It is absurd and frivolous to try to claim it all as your own. Do you think we should be crediting the original creators of Dota when anyone makes a MOBA? or the creators of Darksouls whenever someone makes a souls-like, or the creators of rogue whenever someone makes a rogue-like, of course not. The term "skyblock" is no longer the specific name of the original map but now the name of the concept, referencing the original.
@miimiiandco
@miimiiandco Ай бұрын
I think Defence of the Ancients was trademarked, which is why we call MOBAs MOBAs instead of calling them DOTAs. Remember, this is about trademarks, not copyright or patents.
@drantigon
@drantigon Ай бұрын
Remember that Fortnite and freaking Apple listened to the request without any issues
@wowierosieposie
@wowierosieposie Ай бұрын
DAMN
@DaMarioo
@DaMarioo Ай бұрын
Proves how bad Microsoft can be
@SubtotalStar850-uh8pg
@SubtotalStar850-uh8pg Ай бұрын
​@@DaMarioo I don't really see how Microsoft is in the wrong really, they have no reason not to let the Skyblock maps to be sold on their app store, it's not like anyone currently owns the Skyblock IP currently. It's a problem with the map creators
@hoonfox
@hoonfox Ай бұрын
@@SubtotalStar850-uh8pg bot
@Aventurine-v2q
@Aventurine-v2q Ай бұрын
@@SubtotalStar850-uh8pg Yes, they have a reason. The person they took the idea from, asked them nicely to change the name. Why wouldnt they oblige? Because they are only interested in money, not in following basic principles. They are stealing their ideas. You can be damn sure they wouldnt let that slide if it was reversed.
@XetXetable
@XetXetable Ай бұрын
Skyblock is likely too generic at this point to be trademarked. Trademark is not like copyright; the thing being trademarked needs a unique association with the entity trademarking the thing. If the thing is generic with no unique association with the trademarking entity (which is clearly the case here as most people familiar with minecraft will have heard of SkyBlock but not of Noobcrew) then the trademark should be invalid. This has happened many times and is called Trademark Genericide. There are many such examples, like "Airfryer", "Aspirin", and "Dry ice". I don't think Noobcrew had a chance, and it has nothing to do with being the little guy. The branding hasn't been associated with them for most of the time Skyblock has existed. Incidentally, Microsoft isn't taking anything by participating in the challenging of the trademark. If the trademark fails, that doesn't mean Microsoft has exclusive rights to it, it would mean Noobcrew doesn't have exclusive rights to it.
@KingCreeper85
@KingCreeper85 Ай бұрын
Yeah it’s not something that can be trademarked it’s an idea it’s something that could be patented not trademarked
@ccaagg
@ccaagg Ай бұрын
Yeah this is wild. No, I _don't_ think Noobcrew should have a trademark on skyblock. Note how I'm not capitalising the initial letter of that - because it's an entire genre of Minecraft maps, not one thing _owned_ by one entity. Its a thoroughly generic descriptive term by now.
@lewishallam9924
@lewishallam9924 Ай бұрын
@@ccaagg I believe he should be able too. Its not as if he is doing it because he wants the money himself, he believe sky block should stay free and finds that companies shamelessly stealing his idea and selling it, and intern, making a profit off of it is not good.
@ccaagg
@ccaagg Ай бұрын
@@lewishallam9924 This makes it so one person gets to decide who is and is not allowed to call something skyblock. The corporatist move is coming from Noobcrew.
@lewishallam9924
@lewishallam9924 Ай бұрын
@@ccaaggthat doesn't change my opinion on the matter
@sebay4654
@sebay4654 Ай бұрын
It should also be noted that Microsoft is actually arguing that because they didn't do anything to stop Hypixel or anything like that from using the name that the name itself can't be claimed as his property. The reason he let Hypixel use the name SkyBlock, because it never claimed to be his SkyBlock it always claimed to be "Hypixel SkyBlock" and never charged players to just play the game or download A Map specifically he just wants Microsoft to stop effectively deceiving players with hundreds of copy's that all Claim to be the original SkyBlock.
@TheDaltonCashShow
@TheDaltonCashShow Ай бұрын
Edit: people in the comments have corrected me. The original is actually on the bedrock marketplace. My biggest issue with skyblock on the bedrock marketplace, NOBODY has ported the original over. They always fuck it up somehow. Adding extra islands or mini game-ifying it.
@Nikola_M
@Nikola_M Ай бұрын
create a command using /fill, place the blocks, /gamemode survival
@Wookie-
@Wookie- Ай бұрын
it does exist, the original creator upload it but there are SO many copies that it gets lost
@AceOfBlackjack
@AceOfBlackjack Ай бұрын
@@Wookie-They were deleted….
@tendofan
@tendofan Ай бұрын
The original creator, Noobcrew, actually partnered with Piki Studios to make an official version of the map. You can buy it for only $0.99.
@Briskeeen
@Briskeeen Ай бұрын
​@@tendofanwhy would you pay money for that?
@CaptBlock
@CaptBlock Ай бұрын
If "Skyblock" (a combination of two descriptive words) is too generic to be trademarked, then so is every other name that is just two descriptive words (Star Wars, Star Trek, Super Mario, Microsoft, KZbin, Batman (and basically every other superhero), Minecraft, and many, many others). Microsoft and Minecraft should have just as much claim to their names as Skyblock does.
@Generic_Noob
@Generic_Noob Ай бұрын
@@CaptBlock the argument Microsoft makes that the “sky block” is generic is not that the name sky block is a combination of two common words. Rather, it is that the name “sky block” has been used as a general term referring to a genre of Minecraft maps and mod pack rather than in reference to the original map by the intended consumer (Minecraft players)
@apollyon1311
@apollyon1311 Ай бұрын
​@@Generic_Noobexactly, even google had to take actions to not lose their trademark as people used to use "google" as synonym to "search online"
@aaronlink127
@aaronlink127 Ай бұрын
Skyblock is so disconnected from the original creator at this point that it shouldn't be trademarked though. Like, imagine if someone tried to trademark "Spleef".
@lateformyownbirth
@lateformyownbirth Ай бұрын
@@Generic_NoobSo the ‘there’s no such thing as a Nintendo’ argument. People forget that escalator used to be a trademark, but now has no protection.
@CaptBlock
@CaptBlock Ай бұрын
@@aaronlink127 People could call the genre "sky block" with "Skyblock" being the original product.
@ggwp638BC
@ggwp638BC Ай бұрын
Bit of a controversial take, and I do fully support the original creators of the mod, but they are in the wrong here. To abstract from the case in question, consider this: If Activision Blizzard decided to trademark the name "Team Death Match", and prohibit other companies from using it in their games (not talking about patenting the game mode, they could still have two teams killing each other for fun, just not use the name), would you think it's fair? If back in the day they wanted to, they could have trademarked the name - I mean, Valve did this with "DoTA", and it lead to the genre being called MOBA instead. I don't think so. TDM as a game mode starts with Quake with the "Deathmatch" gamemode. It was a natural evolution, and other companies and other games adopted the name to describe similar game modes. There is nothing in Team Death Match that is branded, it became a generic term. It's like the word "football" or "basketball". Skyblock started off as a mod and at some point it could have been made into a brand, but it wasn't. Now there are tons of copycats and genuine variations of the concept. It became "football", it became the name of a genre, of a game mode. When people say "Skyblock" today they don't mean THE specific original Skyblock mod, they mean the game mode Skyblock. In that sense, while at some point they had the right to trademark the name, that train is long gone and now the mode and the name are publicly owned. Skyblock was left to be no one's, and while I understand their frustration - no one would expect to make money with Minecraft mods a decade ago), it's just how it is. They made Skyblock, but they don't own it and no one should get to retroactively decide when they own things.
@ArtianSetS
@ArtianSetS Ай бұрын
Exactly as I see it, people are getting too hyped about the buzz words of "microsoft stealing skyblock" when in reality it's "microsoft preventing skyblock from being trademarked", and while that can still be a crappy case, like you said it's become so much of a publicly recognized concept that it can't be retroactively owned by the person who made it. It would be like if an inventor created a machine that created water from nothing and gave the schematics out to everyone, and then when it becomes popular decides to file a patent on it and sue everyone who's made their own without 'permission'. I find it funny because I believe the majority of these people also don't give any qualms to big copyrights like the original steamboat willie being let free, with tons of things profiting off of their copyright death, while in this case, are basically advocating for restrictive things to be put into place/kept as such as long as it seems to be 'just'. Yes, it sucks the dude behind this all didn't trademark his idea early on, but it's especially stupid how he seems to be publicly whining about it to garner sympathy. If microsoft wins, they won't be restricting skyblock. Bottom line. They might even have the chance to get their developers on doing things with the name. And the one downside is that the original creator is kind of peeved. I saw someone use the example of David vs Goliath, but mentioning how David isn't always the good guy.
@ccaagg
@ccaagg Ай бұрын
Exactly! Great analogy with team deathmatch. This is wild.
@lewishallam9924
@lewishallam9924 Ай бұрын
disagree.
@bugsmith9751
@bugsmith9751 Ай бұрын
bit different when it is not a massive company trying to trademark something, but a small person who isnt fond of seeing people steal credit for their work on a platform that literally has in its tos that your original creations belong to you and not them while the company is breaking that part of their own tos some people really gotta use their melons, if it literally says in the tos that microsoft and mojang dont own your work, and they are trying to claim the rights to your work, is that not a problem? if microsoft can break their own end of their tos on this, then that just tells them they can do so anywhere they see fit
@pout6038
@pout6038 Ай бұрын
​​@@bugsmith9751 Microsoft are not trying to claim the rights to skyblock. They're trying to prevent anyone claiming the rights to it, so that anyone can make a skyblock map and call it skyblock.
@Something_dumb
@Something_dumb Ай бұрын
I don’t think skyblock should be trademarkable but I don’t want Microsoft to be able to make money off it.
@tombrandis
@tombrandis 24 күн бұрын
If its not trademarkable the person with the best product will make the most money off it
@anthonyscarfe4853
@anthonyscarfe4853 Ай бұрын
I’ve never studied trademark law, but it’s been brought up many times in the past. You’re protecting your name not your product. The name cannot already exist in the language, hence why some companies slightly misspell their name from a word in the dictionary. Other people can use the same name if that is the name in the dictionary for what it is that they’ve made (The name Jaffa Cake is trademarked, but it is also the name of the item, hence if you create a Jaffa Cake you can market it as a Jaffa Cake). In the past the makers of the candy crush games have tried to trademark their words, but they’re already in use by others before them and they’re in the dictionary, so it’s not theirs.
@craftermj
@craftermj Ай бұрын
i dont know why anyone should own that term. its completely ambigious. its like trying to copyright bedwars. this is community content and it should stay that way.
@sandllc1361
@sandllc1361 Ай бұрын
I think skyblock is a genre and a descriptive work, it sucks people are trying to take credit for his work but I'd really hate to lose that descriptor because of a copyright, when skyfactory describes itself as a modded skyblock I don't want them to fear a takedown request because they are using his word on their product
@superNova5837
@superNova5837 Ай бұрын
It would be hell to manage but verifying people as original creators would help where you’re scrolling and see a star or badge in the listing
@Icarus-13
@Icarus-13 Ай бұрын
The creator said that this wouldn't be a problem. His issue is when these marketplace creators are calling themselves the "Original Skyblock".
@speedstyle.
@speedstyle. Ай бұрын
@@Icarus-13 You can't selectively enforce a trademark. If you let everyone release content under the Skyblock name then there is no brand identity for the commercial creators to be impersonating - users don't expect to be interacting with the original creator anyway. They could've asked them to remove the word 'original', or done something about the actual map copyright, but they have no right to the trademark imo.
@sandllc1361
@sandllc1361 Ай бұрын
@@Icarus-13 Yeah but can I really trust a guy I don't know that much, I mean I'm sure he's a good guy, but I've never heard anything about him except for skyblock
@AtomixKingg
@AtomixKingg Ай бұрын
@@speedstyle. That version of skyblock is so iconic to me that they fully deserve the trademark. If they have earnt the map copyright, then they have earnt the word copyright, they have single handedly established both to be iconic parts of minecraft history to the point they have extended beyond that in the time since the trademark was originally applied for. It is dishonest to suggest users do not want to interact with the original, I'm sure many would by choice if they were able to easily identify it. However, when it isn't even on the first page when searching for "skyblock", that's very hard to do. Especially when there are imitations branded as the "original" version. It is an unfortunate fact that many who have taken the skyblock genre and revolutionised it would be effected by the trademark, but that isn't to say they couldn't rebrand. Sky island, in my opinion, is just as big of a term as skyblock itself. Sky island could very easily be the genre, with skyblock being the original map, and there would be very little confusion.
@Comunist_waffle
@Comunist_waffle Ай бұрын
1:12 ima watch technoblade now
@KaraTheGirlie
@KaraTheGirlie Ай бұрын
May he rest in peace
@spookycode
@spookycode Ай бұрын
Soo, after watching this I would like to voice my issues with this take. The name „Skyblock“ has become the name for the whole genre not just the original creation I.e. a generic name. US trademark law section 15: „no incontestable right shall be acquired in a mark which is the generic name for the goods or services or a portion thereof, for which it is registered.“ The original creator is in no position to trademark the term (and would have lost it if he had it) A famous case of a possible trademark invalidation was the „There is no such thing as a Nintendo“ saga where people had started calling game consoles „Nintendo‘s“. At the risk of potentially loosing their trademark, Nintendo of America published an advertising campaign „correcting peoples misconceptions“ about the name.
@imafailure
@imafailure Ай бұрын
did the guy even create the OG map?. it just feels like he's trying to own something he didn't do. even so. you cant own minecraft maps. that's bullshit. you are bassicaly saying "PLEASE LOCK MY FAMOUS MAP I DONT WANT PEOPLE TO HAVE FUN WITH IT!!"
@higueraft571
@higueraft571 Ай бұрын
@@imafailure >did the guy even create the OG map? Yes. Two versions technically. The original 3x3 square, then the 3 3x3s in the "L" shape which became the Popular one
@josetheyoutuber
@josetheyoutuber 27 күн бұрын
@@imafailure he created the map when it was not as generically known. He had asked microsoft to please have people change the map names as he was almost done going through the trademark process, microsoft said "fuck off dont tell me what to do and ill be petty." And has been throwing money for over 4 years knowing that its slowly becoming generic and maybe soon forcing noob to back off and leaving them with millions in debt. Its not the fact they call themselves skyblock that bothered noob. its the fact they try to brand themselves as the original and make money off it.
@DukasFiguliras
@DukasFiguliras Ай бұрын
Personally, i don't think the word or the map "skyblock" should be trademarked. But i'm also against dozens of forms of copyright and trademarking holding. If i want to make a star wars themed map, and call it by a star wars name, i should also be able to do this without being lawsuited by disney. Anyways, selling maps on the market place is absurd and i don't understand why anyone would buy them.
@lil_cubo6290
@lil_cubo6290 Ай бұрын
If everyone should have fair use over the term/map then noobcrew should be allowed to upload his content to the marketplace aswell. However microsoft/mojang is actively blocking them and (on an additonal note) their content creators are misleading consumers into believing that they are the original creators.
@scrittle
@scrittle Ай бұрын
@@lil_cubo6290Noob doesn't own the idea so what right does he actually have over it? This is the equivalent of patenting Skyblock and to me, trademarking it is insidious, Microsoft is only fighting the claim so those maps won't get removed from their marketplace. Phoenix painting Microsoft as the villain does a disservice to Noob's attempt to own a term for personal gain.
@Zonic3451
@Zonic3451 Ай бұрын
@@scrittleLiterally all noobcrew wants is either for them to change their names or just to credit him in the description. You have an entirely wrong perspective on the situation.
@zabianreubens4989
@zabianreubens4989 Ай бұрын
@@scrittle They litterally dont want it to be removed they want their names changed or the original team credited due to yknow MAKING THE WHOLE THING? When these maps have a 1-1 copy of the exact thing WHICH IS FREE MIND YOU, And they are getting paid for it? Does that not come off as a bit disingenuous or like theft? Imagine if you've been breathing your whole life, And then suddenly Bam lorax you gotta pay for air because someone took it all for themselves.
@TheRenegade...
@TheRenegade... Ай бұрын
I'm also opposed to IP law, but even if IP is abolished there should still be plagiarism law, and creating an identical map with the same name without crediting the original creator is unambiguously plagiarism. And calling something "original skyblock" when it's a copy is defrauding customers. Within the framework of IP, the only way to really protect against these issues is copyright and/or trademark
@zchrris
@zchrris Ай бұрын
I would like to add that "Mineplex LLC" is not the current mineplex., it is "Mineplex Studios LLC" which is separate from the old company.
@TailsClock
@TailsClock Ай бұрын
Trademark is a problem that is being presented as a solution to another problem. Monetization of Minecraft maps is already wrong. We don't need to support this terrible idea of trademarking Skyblock, because this just causes problems down the road and can hamper creativity. We need to simply let Microsoft sabotage their own game and ruin it until no-one plays it anymore. They're hell set on doing that already, so just stick to playing the older versions, the modded versions, Java versions. Keep the game fun, keep it ours. And never ever pay for a map. Trademarks have no place in Minecraft any more than all this theft. It's not a real solution. Do not support this. The enemy of your enemy is NOT your friend. Edit: Having a fanbase so willing to collectively say "Actually Phoenix, that's not right..." is such a damn nice surprise to see. I don't think I can remember the last time I saw a KZbinr's audience sound like adults. I thought I was going to be the only one. Thankfully Nintendo are out and about reminding everyone that trademarks are anti-creator.
@sheakiernan9288
@sheakiernan9288 Ай бұрын
Your gonna get crap for trademarking a gamemode anyway thats like facebook taking creative mode
@cinnamon4183
@cinnamon4183 Ай бұрын
Im not a lawyer, trademark professional or anything, but im pretty confident that the term skyblock is being dismissed by these companies as trademarkable not because skyblock is literally a combination of two words to describe what it is, but because it has become "genericized" in that it is used to describe that particular type of gameplay. companies also have to fight to defend their already established marks, if it were a mark from the get go the creator would have had to fight community listings to ensure that their mark does not get turned into a generic term, and just saying he did get the mark in 2011 and didnt fight anything until 2019, if someone decided to use their mark as a generic term commercially, it could very well be difficult to defend.
@cinnamon4183
@cinnamon4183 Ай бұрын
no one is trying to steal or 'take' skyblock, it was never given to begin with. not the nicest reality but i really just dont think this guy has any claim here.
@speedstyle.
@speedstyle. Ай бұрын
Even now the creator wants to continue to allow non-commercial use of the name. If the name doesn't imply you're getting something specific, then there's no brand for the marketplace sellers to be impersonating. They might have a case with copyright law though
@bugsmith9751
@bugsmith9751 Ай бұрын
@@cinnamon4183 a term like skyblock is not "given" to give some one the rights to it, just like how the term "minecraft" was not just given so mojang had the rights to it, both are terms that are made by some one who has the right to attempt claim to the name of their idea or work, and as such he does have claim if that was not proof enough, the fact that the tos literally say that users own their original work and not mojang or microsoft, while microsoft is now trying to take claim to the trademark of something some one else made says that yes, there is a claim here, and a case that by minecrafts own tos, they should not have the right to win since it breaks their own end of the tos
@cinnamon4183
@cinnamon4183 Ай бұрын
@@bugsmith9751 this has nothing to do with mojangs tos, microsoft are not trying to claim the trademark, the companies (parties + microsoft) disputing the trademark are disputing it on the grounds that it has become the generic term used for its genre of gameplay. this would make it ineligible to be trademarked by anyone. if they wanted a trademark, they shouldve done so muuuuch earlier, before the term was able to become the term everyone uses to refer to a skyblock-style game. i dont really get why people think that if noobcrew cant trademark it, someone else can, citing clearly that this trademark dispute for this term would taint future ability to trademark the term, as the central claim of this dispute is the term being generic. people also seem to be unable to see that there are multiple parties here and not just mikerowesoft.
@miimiiandco
@miimiiandco Ай бұрын
It's not because of the term is made of two words - if it was, then "Minecraft" wouldn't be trademarked. It's because Skyblock has been used by so many people to refer to the Skyblock concept - Skyblock doesn't necessarily mean Noobcrew's original map. Take Hypixel Skyblock and Infinity Skyblock as examples.
@UndeadLegend98
@UndeadLegend98 Ай бұрын
Not to hate the creator but i kinda agree with microsoft. Not the ripoff junkies though. Skyblock has become a meta term to describe a genre. In most games you could say something is or is like skyblock and people would understand the ramifications of that. It's like bandaid. The term has gone from an identifyable ip to a broad defineable term for a genre/medical product. I still dont like the ripoffs though, they suck. All power to the people who make identifyable adjustments to the game. Like hypixel. People can see "skyblock" and "hypixel skyblock" as difrent games.
@VoltisArt
@VoltisArt 28 күн бұрын
The difference between this and Band-Aid, (like Kleenex, Xerox, or Coke) is that while anybody is allowed to say Band-Aid, if you print it on a box and try to sell that box, Kenvue (former division of Johnson & Johnson) will sue you for trademark violation. There's an argument that this person acted too late to protect their IP, but that doesn't really make the situation right. Nobody's really arguing that it's not a commonly identifiable term - just whether its creator should be able to control that term's use on the market.
@Guywhomakesflipnotes
@Guywhomakesflipnotes 19 күн бұрын
Actually, I see this a lot, noobcrew isn’t fighting for trademark for people to change the name, they are fighting so nobody can legally claim to be the original like a ton of maps are. Things like all the mods 9 to the skies, project equivalence, and sky factory 1 through 4 all fall under the category of mods, and don’t claim to be the original, so they are a prime example of a misconception here. The same goes for hypixel skyblock, as it is technically just skyblock but with plugins.
@brylythhighlights4335
@brylythhighlights4335 16 күн бұрын
@@VoltisArt The thing is that Band-Aid has meaningfully protected its trademark over the years - if Band-Aid let other people put their name on their boxes of adhesive bandages for eight years before even filing for a trade mark or taking any legal action, they'd have no protections at all.
@rerere284
@rerere284 Ай бұрын
The genericism of "Skyblock" is a weird legal situation, because the term "Skyblock" in the community can either refer to the generic concept of a map where you're given the minimum resources needed to make everything while in the sky, AND the specific original map. I honestly wonder if a situation like this has ever come up legally before. Usually genericism is pretty either-or. Personally, if possible, I think he should have a trademark on the specific use of the term and original map, while keeping the broader use of the term open. Unfortunately, I don't think the law works like that.
@lateformyownbirth
@lateformyownbirth Ай бұрын
Unfortunately, it seems that they’re applying for trademark status too late to be able to obtain it. The term has already become generic.
@RubberDuckyDJ
@RubberDuckyDJ Ай бұрын
This is what I was thinking
@Carroting
@Carroting Ай бұрын
Yeah, maybe early on it meant something more specific, but either way, nowaday its such a general term that applys to soo much
@SubtotalStar850-uh8pg
@SubtotalStar850-uh8pg Ай бұрын
Well the topic doesn't need to be specific, now it can happen but it's still possible to trademark something a hundred years after the fact
@hoonfox
@hoonfox Ай бұрын
Is it really generic when every instance of "skyblock" is a near identical island? Skyblock referring to the same copy paste every time? edit: as in the name refers to this exact island
@RubberDuckyDJ
@RubberDuckyDJ Ай бұрын
@@hoonfox there are so many variations of skyblock that it has even ecaped Minecraft and migrated to other games. If you want an example of different versions of skyblock go on curseforge and look up "skyblock" under modpacks.
@Akuba
@Akuba Ай бұрын
Lets be real for a moment, he waited 8 years before he filed for a trademark after Skyblock already blew up everywhere and the name Skyblock pretty much became a definition for that "Gamemode". I totally understand Noobcrews situation, but why the hell did he wait 8 years before he tried to file a trademark.
@nanzington
@nanzington Ай бұрын
Because now there's suddenly money to be made off it. This is just the Fine Bros trying to trademark "react" again, except for some reason now it's okay that someone is trying to take back the thing they threw out into the public domain.
@heroslippy6666
@heroslippy6666 Ай бұрын
Because people are making money off of a free to play concept.
@cinderwolf32
@cinderwolf32 Ай бұрын
​@@heroslippy6666 the solution to your issue here is in your own comment. If it's free to play, then play it for free. Monetization is not inherently evil in all cases
@heroslippy6666
@heroslippy6666 Ай бұрын
@@cinderwolf32 Well there are monetized copy pastes on the marketplace. How do you expect kids that have never seen a PC in there life to play it for free?
@jamesmccomb9525
@jamesmccomb9525 Ай бұрын
​@@heroslippy6666And they will continue to make money off of it even after the trademark because 1 single person doesn't have the ability to pursue anything legally. The trademark accomplishes nothing good for anybody.
@thermz
@thermz Ай бұрын
Man this video took me down memory lane, I had no idea mineverse and noobcrew was even around still. my builds from 2015 were still there and I took 2h of exploring, the server might be "dead" but it's a place I made many memories from, thank you Phoenix
@shravan012
@shravan012 29 күн бұрын
It's disappointing to see pheonixsc go from appreciating the game to hating on it with clickbait titles and thumbnails.
@hwithoutaname3629
@hwithoutaname3629 Ай бұрын
I think I disagree. Despite the video showing mostly the copies of the original which I admit is egregious, Skyblock is used for many more maps beyond small variations on the original L shaped island. Like in the video, Hypixel’s skyblock uses skyblock in its name despite the only similarity being the world is islands above the void. Examples like this indicate it could be a generic term. Escalator used to be a brand name of the product produced by a specific company, but it became so commonly used that the company lost the trademark. To me it seems like a similar situation except the creator never trademarked the name and is now trying to take it away after it has become equally as popular. There’s nuance here that I don’t have the legal education to determine who is legally correct, but just because it is David vs Goliath doesn’t mean David is automatically right
@dupittaja2967
@dupittaja2967 Ай бұрын
The point still stands, microsoft is making money with literal copies of noobcrews' work and noobcrew is willing to let versions of skyblock like INSANE skyblock exist if it isnt scammimg people or stealing his ownership of the title.
@le0t0rr3z
@le0t0rr3z Ай бұрын
Well he tried to trade Mark it since very early. Is not like he tryna get the trademark now that everyone uses the name.... Also right or wrong the David vs Goliath analogy is to show that Microsoft has an unfair legal advantage for having more money. They can literally dry the pockets of the competition and win the legal fight by doing so instead of abiding by the law on equal terms for everyone. It's meant to show how unjust the justice system is in these situations
@speedstyle.
@speedstyle. Ай бұрын
​@@le0t0rr3z He released it in 2011 and applied for a trademark in 2019. In that time so many other people released content under the Skyblock name that consumers don't associate it with him or expect to be getting a product from him. So there's not really a brand for them to be impersonating - he could maybe stop them calling it 'original', or talk about the actual map copyright, but he has no trademark rights imo.
@hwithoutaname3629
@hwithoutaname3629 Ай бұрын
What others do with the word or what their legal resources are have nothing to do with his basis for a trademark. That escalator example is really where the crux of the issue is. If he’s been trying to trademark it for longer than it’s been a popular term than it probably wasn’t distinct enough from the start with.
@higueraft571
@higueraft571 Ай бұрын
@@le0t0rr3z >since very early. 2019 is not Early, that's *8 years.* >Is not like he tryna get the trademark now that everyone uses the name.... That IS what he's doing.
@jack.h99
@jack.h99 Ай бұрын
Pretty sure dirt is potentially renewable even in skyblock now. Just have to find a way to get emeralds and i think eventually a wandering trader will offer both spruce saplings and moss blocks. Use bonemeal on moss and stone blocks and then a 2x2 spruce tree on the moss to get podzol.
@joelholmberg4212
@joelholmberg4212 Ай бұрын
Very true! Emeralds can be obtained by curing a zombie villager using a potion of weakness thrown by a witch and a golden apple made with gold from zombified piglins. Another way that's not dependent on wandering trader rng is using the aforementioned gold to barter with piglins for some gravel. Gravel can be combined with dirt to make coarse dirt, which in turn can be tilled into normal dirt with a hoe. I've successfully used the latter method myself.
@NejakejTomas
@NejakejTomas Ай бұрын
I think majority of the people are misunderstanding the implications of "Skyblock" being trademarked. Skyblock being trademarked would mean that you cannot call these modified (one block skyblock, multiple islands skyblock, modded skyblock, skyblock in other games, ...) "skyblock". Trademark grants exclusive use of the name. This is bad. And Microsoft is not taking the name, they just want to prevent that, so anyone can use that name (as it is now). I think Microsoft is actually the good guy here for once. Please, rethink this, skyblock being trademarked could bring trouble to a lot of content creators that are doing "modified skyblock" content
@rafa_br34
@rafa_br34 Ай бұрын
Yes, I feel like the "original creators" are just trying to trademark it to take a chunk of income from others and possibly get some fame.
@ccaagg
@ccaagg Ай бұрын
Exactly. Shockingly, Microsoft are on the right side here.
@bugsmith9751
@bugsmith9751 Ай бұрын
Except for the fact that fair use exists, and i got a feeling the original creators dont care if some one calls something skyblock if that person is not making money off of it mountains and mole hills my dude, dont get them mixed up
@charahnalaar
@charahnalaar Ай бұрын
​@@bugsmith9751I don't believe there's an argument that Skyblock is complex enough of a game mode that uploading it to the marketplace constitutes theft. So either the Marketplace is problematic in all cases, or none, either way the Skyblock creators don't get to complain only about some cases.
@bugsmith9751
@bugsmith9751 Ай бұрын
@@charahnalaar it is problematic, but considering the tos of minecraft specifies that your original creations belong to you, and microsoft is breaking their end of the tos if microsoft can break their end of the tos in this regard, what stops them from breaking their end of the tos in any other regard?
@Tsunamicat108
@Tsunamicat108 Ай бұрын
Literally 1984
@el_gatoNegro
@el_gatoNegro Ай бұрын
True that
@raphifou999
@raphifou999 Ай бұрын
Big mojang is watching you
@ItsDoZy
@ItsDoZy Ай бұрын
E
@Generic_Noob
@Generic_Noob Ай бұрын
PSA: MICROSOFT ISNT REMOVING SKYBLOCK,THEY ARE PREVENTING THE TRADEMARKING OF THE NAME “SKYBLOCK”
@YaGirlAshleyy
@YaGirlAshleyy Ай бұрын
Boy did I call it or what? -George Orwell, 1985
@wolfno.7558
@wolfno.7558 Ай бұрын
In general I am uncomfortable it letting things getting trademarked in Minecraft in general. As soon as you let one in every single variation or minigame is going to be snatched behind a trademark and I don’t think that is healthy in a game about creativity. Don’t add barriers to it.
@Emars118
@Emars118 Ай бұрын
I agree. Skyblock is a now a genre. It doesn’t belong to anyone or even the Minecraft community. It belongs to all who play it and make new creative art about it.
@robertally5608
@robertally5608 Ай бұрын
​@@Emars118Thats not how trademarks work if noob crew wins you can still make sky block's maps you just won't be allowed to call them sky block kind of like how you can make your own block based crafting/survival game your just not allowed to call it minecraft
@rafa_br34
@rafa_br34 Ай бұрын
Exactly my thought process.
@Emars118
@Emars118 Ай бұрын
@@robertally5608 forgive me if multiple replies appear, I keep getting youtube autofiltered. This is will be my last attempt. If the trademark goes through, it will give noobcrew a monopoly over the term skyblock. The term skyblock, which has become an entire genre for minigames, servers, maps, and even games will be under the control of one person. Think of the many games that had success from the association with the name skyblock. We must keep the term skyblock free from control.
@All54321
@All54321 Ай бұрын
And it’s right for people to steal the idea, claim it to be original, and profit from it? All trademarking this will do will stop people from using the name to make money. They can just use a different name, it’s not like Skyblock will be taken from everyone, it just won’t be able to be branded and sold that way by others who didn’t make it.
@kingofthend
@kingofthend Ай бұрын
How original is this idea really? I feel like there were probably a lot of people who arrived at the concept independently. Making a sky island base in minecraft is such a common thing and the jump to skyblock is not that hard to imagine.
@MichaelPohoreski
@MichaelPohoreski Ай бұрын
Hindsight is 20/20. There are many things that seem obvious but we wonder why it took so long to do.
@bugsmith9751
@bugsmith9751 Ай бұрын
skyblock is entirely different from building on a random sky island, and no one had made a map that was the minimum restricted resources you could use to build and survive with, and no way to get any resource that cant come from trees, mobs, or cobble, in that regard it is in every way a unique original idea over just building a sky cabin over a mountain your logic is akin to saying that the first engine car was not original since wagons already existed, that being it makes no sense considering its entirely different and a first time thing
@pasztorferenc6741
@pasztorferenc6741 Ай бұрын
The video missed an important thing, that people before was allowed to do (free) Skyblock maps and name it such. Noobcrew didn't tried to take down those, and now they are using it against him
@tombrandis
@tombrandis 24 күн бұрын
Trademark is meant to stop companies/people tricking consumers into thinking that they are buying something they are not. I don't think that this is the case with skyblock as people know that it's a generic term
@sg_sumthin4171
@sg_sumthin4171 21 күн бұрын
​@@tombrandisbut it literally fucking is you know how many times you'll be able to see "Original" Skyblock show up in the minecraft marketplace???
@samasaurus6
@samasaurus6 23 күн бұрын
Although there are plenty of low-effort OG skyblock copies on the marketplace, there are also many creative worlds that use skyblock in their name. Take Infinity Skyblock by Jigarbov for instance. That looks nothing like the OG map by noobcrew and yet if they win the trademark nobody can use it even if the only similarity is the void world it's built in. I know the community is fully on board with "microsoft bad" but I don't think y'all realise the ramifications if it is trademarked, especially the fact it's being *retroactively* trademarked. Everyone should be free to use the word, which is what MS and the listed partners are fighting for.
@LAPCGames
@LAPCGames Ай бұрын
i THINK they could trade mark "Skyblock", a french creator, LeoTechMaker trademarked (or something like thar with local laws) the sentence "n'arrêtez jamais s'apprendre" [never stop to learn] because it's more or less his catchphrase and it's to avoid other to sell merch with this on it. If a complete [short] sentence can be trademarked, a combinaison of two words that give another one shoud be trademakable Excuse my poor synthax, english is not my first language and I wrote fast
@LAPCGames
@LAPCGames Ай бұрын
Also thinking about it, McDonald tradmarked "Happy Meals", that are also 2 words
@Generic_Noob
@Generic_Noob Ай бұрын
@@LAPCGames The issue in this case is that Skyblock has become commonly used as a genre of maps and modpacks way before this trademark was filed.
@uberculex
@uberculex Ай бұрын
My worry here is that they left it off trademark for so long that it entered common usage. It would be like trying to trademark the word "RTS".
@Generic_Noob
@Generic_Noob Ай бұрын
@@uberculex Exactly
@LAPCGames
@LAPCGames Ай бұрын
@uberculex You're right but trademark will protect the one who sold from their own profit and platform who sold it like the marketplace of Microsoft without attacking free modpack or current denominations. I dont know how frequent it is but some trademaks are used as common word, like kleenex for exemple. It will most likely not be retroactive but at least stop the current actions. Also, what is RTS? For me its the acronym of real time strategy (like starcraft), is that what you ment or I'm not in the good referential and missed the point?
@parisiennexl
@parisiennexl 29 күн бұрын
This is kinda dumb in my opinion. Noobcrew created a game type within an existing game, how is that valid for trademark? If they want to trademark Skyblock, they should develop it into a standalone game. But they won’t, because that requires effort. I’ll sound like a dick, but I think they probably want to trademark Skyblock so they can have the only “real” Skyblock and charge an unreasonable price for it on Marketplace. And yeah I get it, it was their original idea, but this feels unnecessarily petty. Remember when the Fine Bros wanted to trademark “React”? Or when Luke TheNotable tried to trademark the 100 Days series? The only difference is that here, Noobcrew is up against the big/evil Microsoft, so obviously we HAVE to support them! The hatred that the Minecraft community holds towards Microsoft isn’t unwarranted, but definitely overplayed. “Microsoft is taking Skyblock” no they aren’t, individual creators on the Bedrock Marketplace are legally using a free-use name and concept. And a lot of them are putting their own spin on it. The moral outrage here is performative and not needed.
@ElderSteak5
@ElderSteak5 Ай бұрын
2:27 so instead of becoming a lawyer you became a Minecraft KZbinr. What a beast bro gg
@elderfrost9892
@elderfrost9892 Ай бұрын
Personally, I have to say that I agree that Skyblock feels too generic to be copyrighted. it's blocks in the sky, but beyond that there's so many different versions that I don't think it can be considered to be only referring to the original. HOWEVER the skyblock maps on the marketplace are egregious. Skyblock is a concept that, once spread, should be easy for any minecraft player to use for free. The basic island should take maybe 5 minutes to build for yourself with a couple screenshots. The only reason it should be on the marketplace at ALL is to make it slightly easier for mobile players to access, and in that case it should be free. That simple of a map should not be allowed to cost money, because the only target audience is kids who don't know better than to buy it.
@T4nkE-ng1ne
@T4nkE-ng1ne Ай бұрын
Skyblock is a very popular gamemode, that has been replicated over and over again already and is too generic from its overuse to be trademarked. The best solution for this is to add a sort of copyright type of thing to the markeplace to prevent these situations from happening. BUT Microsoft won't do that; and to everyone flaming microsoft for their behavior: Why are you doing that? Minecraft is a very profit inefective game. It takes A LOT of money to pay the developers to make FREE updates to then receive NO money from the users. Minecraft's is one time purchace game, while it's service is more akin to a live-service game (they have constant live support, updates, patches, fixes, and they make money almost purely off of micro transactions, think of Fortnite, Warzone, Apex Legends, etc.) Minecraft has the updates and the patches, but none of the ways to make the money back. Which turns the game into more of a burden for Microsoft, because they most likely are losing money on it. Which makes sense why Notch sold the game, heade the profit, and got off of maintaining the game before he started losing money on it.
@sheakiernan9288
@sheakiernan9288 Ай бұрын
Microsoft takes EVERYTHING nowadays
@keltec1279
@keltec1279 Ай бұрын
we need to stop letting companies walk over us
@lochie2804
@lochie2804 Ай бұрын
Capitalism, baby!😎👍 Edit: potential education suggestions "Corporatism, baby!😎👍❤️‍🔥"
@Generic_Noob
@Generic_Noob Ай бұрын
@@sheakiernan9288 PSA: MICROSOFT ISNT REMOVING SKYBLOCK,THEY ARE PREVENTING THE TRADEMARKING OF THE NAME “SKYBLOCK”
@aether2kye
@aether2kye Ай бұрын
They even straight up took my account that got hacked and refused to refund.
@keltec1279
@keltec1279 Ай бұрын
@@sheakiernan9288 we need to stop letting companies do this
@ChosenFate_
@ChosenFate_ Ай бұрын
Honestly I think its way too common and too late. I never even knew it was the idea of one person (well, duh, but not like this) and like, every big server ever has Skyblock. It's impossible to trademark and enforce IMO. Beside, the original idea is just tiny. Every server has completely made it into something else with (player)shops, ore generators, you name it. Skyblock itself is, IMO, way too little and of too little substance to trademark
@WaywardZeppelin
@WaywardZeppelin Ай бұрын
I'm one of the people who uses Skyblock as a generic term, sometimes referring to things that are not set in the sky as Skyblocks. For me, Skyblock is a genre of Minecraft modpacks. However, these companies claiming their copy is the original is disgusting, and we need to set the precedent that just because you're a big company doesn't mean you get to do whatever you want.
@qfurgie
@qfurgie Ай бұрын
8:05 i don’t think we are encoded to be selfish, i think we are taught to be selfish under a system where profit reigns over cooperation
@drkclshr
@drkclshr Ай бұрын
Selfishness can be useful for survival tho
@ccaagg
@ccaagg Ай бұрын
@@drkclshr The thing archaeologists look for to identify civilisation is healed broken bones, because someone with broken bones can't survive without someone else's selflessness. Humans are naturally cooperative, but believers in the current hegemonic system want you to believe that isn't true because ultimate selfishness is what they base their worldview on (they think setting the bones and feeding them is only done because of the future value they might bring to the person taking care of them instead of, I don't know, compassion).
@bugsmith9751
@bugsmith9751 Ай бұрын
we definitely are encoded to be selfish, if you are lost in the woods with some one else and starving with little food, when desperation and instinct kicks in, you will make the selfish choice, it takes intense self control not to be selfish and just looking at kids growing is a great example to prove that case, very young children can be extremely selfish and have to be taught not to be, lest they grow up to be named karren and expect everything handed to them
@justafreind2610
@justafreind2610 Ай бұрын
We are encoded to be selfish infact most human beings are selfish untill they change their moral and total perspective of how they view stuff.
@nakelot6029
@nakelot6029 Ай бұрын
Yeah, because muh ebil capitalism taught wild animals to hunt each other and fight for survival so that some evolved monkeys could profit off that in billions of years of natural selection.
@michaelkindt3288
@michaelkindt3288 Ай бұрын
Honestly, do they all have to have the EXACT same shape? At least the hypixel one came up with an original shape. These companies know what they're doing, and that is creating brand confusion.
@charahnalaar
@charahnalaar Ай бұрын
Skyblock isn't a brand though. It's an idea that's altogether simpler than one person can lay claim to. I don't think it should be able to be privately controlled.
@notyoutube8128
@notyoutube8128 Ай бұрын
I feel like Noob Crew is being stubbun as well. His choice to trademark a name like skyblock is like if a company tries trademark a common word like computers. Honesty Mojang should have denied Noob Crew's map given his hypothetical action of taking other skyblock maps down and put up his own.
@TakenWasTakenYT
@TakenWasTakenYT Ай бұрын
"I have been made aware by all of you" cough cough... themisterepic
@mrdragonboi
@mrdragonboi Ай бұрын
7:00 The old AH and hub is still in my mind. o7
@ForkGenesis
@ForkGenesis Ай бұрын
A great message. Whatever is the reasoning behind the legal disputes, eventually, what is being done to Skyblock as a brand is not good and these laws are made to prevent it. We stand with Noobcrew!
@higueraft571
@higueraft571 Ай бұрын
>what is being done to Skyblock as a brand Like uh... what's been done for 8 years now, and with his P2W server?
@ForkGenesis
@ForkGenesis Ай бұрын
@@higueraft571 wait, you're right, his server is so Pay-To-Win. $15 for an elytra smh. If I didn't know this about the Skyblock brand I wonder what else I didn't know
@SmookieYT
@SmookieYT Ай бұрын
I don't understand why Microsoft couldn't use the word "skyblock". It's a unique term and defines a specific thing and there's no other word for it. If it's clearly visible (which it is) that the map wasn't made by the original crew, I have no problem with it.
@miimiiandco
@miimiiandco Ай бұрын
They can. Anyone can use "Skyblock". Noobcrew is trying to get the trademark so only they can use the term "Skyblock".
@SmookieYT
@SmookieYT Ай бұрын
@@miimiiandco I get it, and I don't see any reason why they should be able to trademark it.
@isthissparta1485
@isthissparta1485 Ай бұрын
The main reason that Noobcrew will lose is because the case is about trademarks. Noobcrew believes that the idea of Skyblock is his, and that he can set the terms and conditions on who, what, and how people can use it. If the case was about copyright over the Skyblock concept he may stand a chance, but trademarks aren't about that. While copyright is about protecting IPs from being copied or reused by others, trademarks are about indicating the source of a product, which is why he either has to go all in with cease and desisting everyone who uses the term Skyblock or have the term be declared a generic term. Since the case is about trademarks, he cannot say "anyone can use Skyblock for anything, they just have to credit me as the original" as that would be an admission that products that call themselves Skyblock aren't made by Noobcrew. The way Noobcrew is going about fighting for recognition from Marketplace creators is a flagrant abuse of the trademark system, and while it sucks to see major corporations bullying the small guy, Noobcrew should not have gone down the trademark route unless he was prepared for everything that entails
@speedstyle.
@speedstyle. Ай бұрын
Agreed. I do wonder if any protections are available against them claiming to be 'the original', but they should certainly be allowed to call it Skyblock. What he wants seems more like a copyright issue anyway
@JJTheDev
@JJTheDev Ай бұрын
It gets worse when you realise all the youtube videos using the term skyblock as a generic, he has a long journey ahead of him if the trademark goes through
@Pocketkid2
@Pocketkid2 Ай бұрын
I knew things like this would happen the day Microsoft announced their plans to buy Minecraft
@Re5_2karman
@Re5_2karman Ай бұрын
5:56 Monster energy drink suing things with "monster" in it be like:
@rafa_br34
@rafa_br34 Ай бұрын
Pretty sure they lost the lawsuit, no?
@Re5_2karman
@Re5_2karman Ай бұрын
@@rafa_br34 ofc, but they keep doing it anyway
@torinnbalasar6774
@torinnbalasar6774 29 күн бұрын
Unfortunately it may already be too late, the trademark may get lost in the same way Escalator did: it transformed into a generic term referring to the device's function rather than a specific brand of that device.
@HaniiPuppy
@HaniiPuppy 18 күн бұрын
By the time they filed that trademark application, "skyblock" had already been genericised and was used to describe a style of map/play rather than a specific person's work. That is, independent of Noobcrew. There are different skyblock maps and modpacks, beyond just the original one - e.g. the original FeedTheBeast map was a skyblock map. Had they registered their trademark a lot earlier, they'd have more of a leg to stand on.
@Note_Cubes
@Note_Cubes Ай бұрын
NoobCrew made SkyWars and Skyblock He's the reason why we have these things
@higueraft571
@higueraft571 Ай бұрын
Yes, unfortunately much like the person who made Escelators, if he tried to Trademark the word he'd lose, even if he created it. Same for Google with "Google", it the word becomes TOO commonplace (eg "Google It"), they'll Lose It.
@ASOfficial80
@ASOfficial80 Ай бұрын
Just refreshed KZbin and damn
@ilikedeliciousdonuts
@ilikedeliciousdonuts Ай бұрын
ikr
@war_fish
@war_fish Ай бұрын
dayum.
@HMT_main
@HMT_main Ай бұрын
I'm callin' Miguel!
@mrflappie6553
@mrflappie6553 Ай бұрын
@@HMT_main I know nothing, I'm from Barcelona.
@nregitnek
@nregitnek Ай бұрын
I'm a simple man. I see a Technoblade reference, I upvote.
@BendsSpace
@BendsSpace Ай бұрын
This video is very misleading and honestly I'm quite disappointed in Phoenix SC. Of course someone can't decide they own a word they came up with **after** people start widely using it. Also, the descriptive argument isn't about the word, it's about how people are using the word. People very widely use Skyblock to describe a gamemode. The law shouldn't give Noobcrew the right to own a word after everyone started using it. Almost the entire value of the word Skyblock comes from the wide spread (descriptive) use, not from Noobcrew's game. The unique thing Noobcrew created was a gamemode, which isn't covered by any IP protection type.
@Morbazan125
@Morbazan125 Ай бұрын
Dude I personally have never seen your face before and as usual when you only hear a voice, you look nothing like I’d imagine. Neither better or worse just different. Love it. Love your channel too
@gioloh
@gioloh Ай бұрын
the techno clip made me shed a tear 🥲
@Cashbans
@Cashbans Ай бұрын
Sorry, i lost how to feel since early 2019. So i can't join you do i can only stand quietly. You can ask why.
@TODAYWEARETALKINGABOUT
@TODAYWEARETALKINGABOUT Ай бұрын
This feels like when you make a song and someone samples you then sues you for copyright yet you obviously made it first
@florianschneider3982
@florianschneider3982 Ай бұрын
Therefore, copyright should not exist
@TODAYWEARETALKINGABOUT
@TODAYWEARETALKINGABOUT Ай бұрын
@@florianschneider3982 copyright automatically exists as soon you created something A book,film etc as long you can prove it If everything was public domain...well have you seen how many steamboat Micky horror items we got so far? Original idea of copyright was to stop... copying Fair use was to help use copyright but in a more fair way Reviews, critiques, parody and more to expand expression then to gatekeep But soon people took fairies the wrong way saying "sure I transformed YOUR work so is MY version" yet there a difference to using e sharp from 1 page of bathoven and a full orchestra sheet music Worst examples I seen is when you take music that was already perfect and just...rap But you didn't wrap it,remix it no you did a shitty cover over the original music and now think you own that sample when you legally should of 1. Got legal permission or pay to use it 2. Credit the owner of the sample unless it legally says you don't need credit (always read the fine print) Never forget that fox used a KZbin clip of a glitch on a nes game and flagged the original video so they could reair the episode without the need to pay or get permission from the original owner of the footage (which also is going against Nintendo published it and the developers of the game) Is same issue with fail videos on TV as often you can't tell if they legally got rights to show it or even profit of it when they did nothing fair use as they just show it in full without really changing anything Least with say channel 4 in UK they paid the creators and even interviewed them so it transformative especially since you got paid by channel 4 to give them fair rights to use it but not claim ownership of the footage
@bugsmith9751
@bugsmith9751 Ай бұрын
@@florianschneider3982 no, it should exist, but it should favor the original creator over the first person to try to claim it, fair use is in place to allow copyright to be used freely as long as its under the right guidelines, while copyright is a thing that is SUPPOSED to prevent exploitation of ones original idea
@florianschneider3982
@florianschneider3982 Ай бұрын
@@bugsmith9751 No there is no reason for it to exist.
@bugsmith9751
@bugsmith9751 Ай бұрын
@@florianschneider3982 what ever you say bud! im sure you know best about protective laws!
@HerraHissi
@HerraHissi Ай бұрын
I think it's that the name has become asynonymous with the gameplay of the mod and not the mod itself. They waited for too long to trademark it.
@dr4gonstear
@dr4gonstear Ай бұрын
I don't respect trying to own an idea inside another IP. Someone doesn't own the 3x3 piston door, such that it requires paying royalties, just like someone can't own the idea of making a small challenge island. This kind of thinking is why we can't have mini games in loading screens. Overreach, and people claiming ownership over something that is an idea inside another thing. I hate it.
@trapsisgood3025
@trapsisgood3025 Ай бұрын
i saw video that talked about this yesterday, im glad you are coving it as it spreads it more
@miimiiandco
@miimiiandco Ай бұрын
To give the benefit of the doubt, "Original Skyblock" may be refering to simple Skyblock, without any bonus islands common to Skyblock maps, or any gimmicks like Lucky Block Skyblock. As an example, Sapphire Studios stated that their map was "a version of the original Skyblock." It's yet another thing going against the trademark filing.
@SHADOWReaper347
@SHADOWReaper347 Ай бұрын
3:20 noobcrew does have the resources, us
@bcmpinc
@bcmpinc Ай бұрын
I've played many "skyblock" modpacks, that certainly where both original and not created by Noobcrew. They did not sue those modpack creators for trademark infringement then. Because of that, sky block has indeed become a "descriptive term" and thus can no longer be trademarked. This is why companies are so protective of their trademark names. I see two remaining options. Either trademark the iconic skyblock image, or sue Microsoft for copyright infringement.
@AugustA447
@AugustA447 Ай бұрын
Oh my God, I’m so glad you’re talking about this
@tacticalassaultanteater9678
@tacticalassaultanteater9678 Ай бұрын
Skyblock has been used to refer to a broad category of minecraft map for a very long time, and Noobcrew has not attempted to trademark it in the mean time. For instance, Hypixel Skyblock has existed for a pretty long time. I personally think they should be allowed to trademark it because the original is just that much more well known than any of the alternate uses of the name, but I also think there's a very solid practical argument why they shouldn't.
@deleted-something
@deleted-something Ай бұрын
3 trillion dollar company moment
@funky555
@funky555 Ай бұрын
holy hell youre right. thats an insane amount of money
@keoniharrison7008
@keoniharrison7008 27 күн бұрын
Sky block or Sky-block is descriptive and couldn't/shouldn't be TM, but Skyblock (one word) should have every right to TM. Hopefully Noobcrew succeeds in the end, it would be a big win for everyone
@Generic_Noob
@Generic_Noob Ай бұрын
To be clear to anyone, the argument Microsoft makes that the “sky block” is generic is not that the name sky block is a combination of two common words. Rather, it is that the name “sky block” has been used as a general term referring to a genre of Minecraft maps and mod pack rather than in reference to the original map by the intended consumer (Minecraft players) PSA: MICROSOFT ISNT REMOVING SKYBLOCK,THEY ARE PREVENTING THE TRADEMARKING OF THE NAME “SKYBLOCK”
@Spacemarioedition
@Spacemarioedition Ай бұрын
sure the name is generic, but they just steal everything about the map. almost every map named skyblock is an L-shaped island of dirt and grass with a tree and a chest. then they dont credit the og creator
@Generic_Noob
@Generic_Noob Ай бұрын
@@Spacemarioedition That wouldn’t fit under trademarks however
@gustavolopes5094
@gustavolopes5094 Ай бұрын
Yeah. I think this is frankly overblown. Its being done by a small business, so its fair to feel more empathy. But this wasn't trademarked 10 years ago. Nowadays there's a million different Skyblock maps and that's what everyone calls them. Should other creators loose the right to call them that, after like, 10 YEARS of it being accepted? It's far too widespread. It's like what happened to Band-Aids. You don't have the right to a trademark if the name of the product is already used for literally every similar product on the market.
@RangerW36
@RangerW36 Ай бұрын
⁠@@gustavolopes5094 Yeah I agree, but I think this is something that should be settled by Noobcrew and the court alone. If the court says it’s generic, than so be it. If the court says it can be trademarked, then it can be trademarked. Microsoft is in the wrong here, because they’re using their vast wealth to oppose and delay the case, instead of letting it work itself out between Noobcrew and the court of law. It’s as Phoenix says at 6:00 the point of this isn’t whether or not Skyblock *can* be trademarked. The point is that Microsoft is trying to influence the court, instead of letting them come to an independent decision.
@shroob636
@shroob636 Ай бұрын
oh ok im in microsofts side becouse trademarking a minecraft worlds name is just stupid
@SynnekoNya
@SynnekoNya Ай бұрын
"As human beings, we are necessarily encoded to be selfish" this line right here, is the reason I am who I am, and why I wouldn't feel sorry for us as a species if someone at long last decided to do something about it.
@ccaagg
@ccaagg Ай бұрын
It's not true. Think of who ultimately tells you that and what they stand to gain from you believing it. We aren't selfish, we're taught to be and we're taught that that's natural and inherent. We didn't get where we are from selfishness, not at all.
@higueraft571
@higueraft571 Ай бұрын
@@ccaagg >We aren't selfish, we're taught to be and we're taught that that's natural and inherent. We didn't get where we are from selfishness, not at all. This is actually just outright lying. MANY things in Nature are Selfish. Humans DO Cooperate with others, but when it's "You or Them", nearly everyone will pick "You" and leave the other to die. In any sort of disaster (eg a Sinking Ship), when the Monkey Brain engages, people stop thinking about Morals, they start thinking "how do i survive?" This is basic Self-serving/Preservation in action that MOST living things have. Not some "Conspiracy".
@ccaagg
@ccaagg 29 күн бұрын
@@higueraft571 Most things _aren't_ you or them. This is why all primates naturally cooperate. It's not about morals - it's self-preservation. If you want to be all evolutionary, we have the best chance of survival and bearing offspring if we protect the wellbeing of our entire community at our expense as individuals, just like other social primates. Few animals engage in cannibalism. Why?
@higueraft571
@higueraft571 29 күн бұрын
​@@ccaagg >Few animals engage in cannibalism. Why? Why shouldnt you drink sea water if you're thirsty? In this case, because you're likely to get something like, say, Kuru. A Brain Disease which is currently incurable and always Fatal, with an incubation period that could last as long as 50 years. I would think "A Horrible Slow Death" is not an ideal situation, presumably the Genetic Hellscape that is Incest is ALSO not done for a similar reason. (in that "this is very bad, actually") And, of course as you mentioned, *normally* most situations are not Dire enough/put your life on the line in such a way that you'll HAVE to choose between yourself or the Others. Thus, working together ends up being *the* most self-serving option there is normally.
@SynnekoNya
@SynnekoNya 29 күн бұрын
@@ccaagg Actually incorrect, we are TAUGHT to be respectful and selfless and that is only IF you have proper guardians. If you leave a kid to do what they want and give them what they want, they will end up spoiled and selfish. Doesn't matter where you come from or who you are, you only learn to be better, you aren't born that way.
@arandomdiamond2
@arandomdiamond2 Ай бұрын
I played Skyblock by Noobcrew over a decade ago now. My brother played it just while he was waiting for a different server to restart but I absolutely loved the concept and spent hundreds of hours in it really early on. That admiration is something Microsoft desires for themselves but Noobcrew did a great job long before Microsoft knew what was happening.
@lukasa.myhredollerup964
@lukasa.myhredollerup964 Ай бұрын
Did anyone else notice that the sky block is reversed at? 1:32
@Official_zaDpi
@Official_zaDpi Ай бұрын
*mirrored
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