There is a thread in SG right now: http://www.totse.com/community/showthread.php?t=2036474. The guy is offering to make and sell people Totse t-shirts.

I know Jeff is pretty solid about reserving his rights to Totse, so is this something I should close down [I said I would leave it open until I found out it]?

My initial inclination was to close it. But I'm trying to be inclined to leave things open if there's a question as to whether or not it should be - or something like that...

Well, I'd leave it open as long as he doesn't start actively selling the shirts. But I really don't think it will be feasible unless some arrangement with Jeff is made; if I was Jeff, I'd like a piece of that sweet, sweet Totse merchandise pie. :)

If we still had links for the totse cafepress store up I'd say no, but I'm not really sure where to put this one. I didn't read his thread extensively to see whether or not it looks like he's going to be making tons of money off of this. My initial reaction would be that he doesn't have the rights to use totse's name and that he therefore should not be selling shirts with it. However if he only ends up selling 2 shirts, I don't think it's that big of a deal. I'd like to hear what Jeff has to say about this.

So my instructions for now would be: watch the thread closely, make sure that he is A) not cheating members, B) Not making tons of money off of something that we be making money off of (and spending it FOR totse). I will post in the thread and suggest that he donate any profits to totse, but I don't know what else to say from there. I'd really appreciate some other opinions on this one - especially from Jeff.

That's pretty much what I was thinking too since he was only talking about 11 or so shirts.

Making profits off of totses name when you're not even the owner seems kinda cheeky, in a way.

Making profits off of totses name when you're not even the owner seems kinda cheeky, in a way.I haven't read the thread, but is he going to be profiting?

I mean, if he were making them himself and charging for supplies and postage (no profit) or selling them on CafePress at cost, I don't think it's really that big of a deal, in terms of finances or whatnot.

But I think what the larger issue is is that Totse is Jeff's "brand", and anything that is sold under that moniker should be approved by him, IMO. You know, to prevent any potential association or implied endorsement of anything that Jeff might object to.

How can you comment without reading the thread?

Personally, I don't care.

I doubt the poster would do it if there was no profit in it for him.
You can get Tshirts printed in bulk with your selected image for very cheap.

I'm not too concerned, and a Totse tshirt might be cool, but it kinda feels weird to do it with no permission from owner.

I doubt the poster would do it if there was no profit in it for him.

Ever heard of Linux?

How can you comment without reading the thread?Because I wasn't talking about anything specific to that thread.

The only part of my reply that was specific to the thread in question was asking yoyo if she knew if the poster was going to be profiting or not.

The rest of my post was not dependent on the content of the thread. It was a generic statement that could be applied to any similar situation.

I'd lock the thread with this link:

http://www.cafepress.com/totse

Ever heard of Linux?

The creators of Linux profit by being able to use their creations. These creations are usually of use to them, right?

The creators of Linux profit by being able to use their creations. These creations are usually of use to them, right?

And you dont get use out of a shirt?

And you dont get use out of a shirt?

Not when you give it away.

Not when you give it away.
Who said he had to give all of them away...

Who said he had to give all of them away...

Three zebras and a monkey.

They're always gossiping.

Who said he had to give all of them away...

Fair point, but if he was going to do it, it will be off of totse so we would never know anyway.

I know Jeff is pretty solid about reserving his rights to Totse, so is this something I should close down [I said I would leave it open until I found out it]?

Yes. Close it down. I am the only one with rights o the name "TOTSE".

Maybe it's something for Jeff to look into...Perhaps post a thread over in the Arts forums and see if some kinda snappy image can be made for TOTSE and put on shirts.

Anyone can get onto Paypal to pay for it.

I know I'd buy one...I love this shit!

I don't think it's really about the money, though that's a valid argument. Considering people get arrested for wearing certain t-shirts to school nowadays. It's best to air on the side of caution and have all totse merchandise pre-approved.

After that factor has been resolved, if anything, the person/s who take on the role of marketer should get a percentage of the profits. Which could be arranged by Jeff. Even Cafepress took money to sell totse goods!

stay bad
~stormy

Most assuredly. Jeff has a great site with rabid fans who would eat fresh merchandise up.

If he doesnt wish to allow any marketing at all, that is his call. Although to my knowledge of US trademark law, he can only sue (and rightly so) for use in which some unauthorized person is making money off his intellectual property. However, you cant sue for someone printing "totse" on their own shirt for personal use.

Perhaps that is Jeff's desire anyway? Information here is certainly not for profit and is free to all. In the spirit of totse, it should be free to everyone. Art is but one of many forms of information.

It would interest me to hear what Jeff himself has to say about this idea now and in the future. Even a "never will I give authorization to use totse trademarks for use in profiteering, and that's that!" will suffice. It is oftentimes difficult for peons to discern the will of their master without explicite instructions.

But for now he has decided not to allow it to be used for profit, so that much we do know and can respond to.

EDIT: As far as I can tell, the only provisions made for violating another's copyright without their explicit permission falls under fair use. Commerciability (or rather lack thereof) is not a sole measure of fair use as I erroneously stated.