Naming policy question

HandofBane · May 2014

So I have been digging around a bit and am now unable to find the name policy posted (if someone can link it, all the better), but ran into something very unusual that has me wondering if it's something reportable or not.

Today I ran into myself. Sort of. While jumping between my bank alts, storing materials and adding items to research, I happened to have the crosshairs go over someone named "The Real {censored for obvious reasons}", which by sheer coincidence is my name in the real world. Obviously, this cannot be allowed to stand, so can I get some kind of Highlander-style duel to keep that name solely to myself? Alternatively, would this fall under any violation of the naming policy? I am positive it isn't anyone I know, nobody on my friends list was online at the time.

Syzmicke · May 2014

I dont think your real name has a copywrite to it does it.

HandofBane · May 2014

It actually might, as my name is used on a TCG card. That said, the naming policy does cover far more than just copyrighted stuff, just hoping for the full text or some input on things I can do to deal with it, if anything.

Thalmar · May 2014

@HandofBane Here is the Code of Conduct, on Behavior section you can find some info regarding to your post, hope this will clear things out. https://account.elderscrollsonline.com/code-of-conduct?q=fa34c22c-f5cf-4005-a559-fc85d369f79b&p=5c098b99-9990-48eb-8986-3b9602973ba7&ts=1399963244&c=zenimaxonline&e=live&rt=Safetynet&h=3c3be3e1c4f475eda5546933a5c7b1aa

P.S: I got this link from a page on reddit, hope it is not illegal to give link here, if it is remove it please.

HandofBane · May 2014

@Thalmar - Thanks much, I see a couple possibilities in there. Not a life-or-death deal, but I doubt many people really understand just what kind of discomfort is caused by logging into a game only to see your own real name posted over someone else's head as they run around.

Dekkameron · May 2014

When i first made a character in ESO i was going to pick the same name i have been using for many many years in other MMOs. I was shocked when it was already taken as it's not a very "normal" name.
In fact it was so abnormal, that i suspect it was taken by someone i know for some nefarious reason.

ttwinklerub17_ESO · May 2014

I don't think you would have license for "The Real McCoy"
as that would be slang for the real deal(meaning true item ..not a fake item) or even the McCoys in USA - ie Hatfields and McCoys

and Im quite sure your name would not be the only one in the world of 7B people
take for instance John Smith - ..look in a telephone book (pages devoted to a single name)
I don't think anyone has license to a particular name

However that doesn't mean in some instance a name would be an issue
copyrighted names from other games or movies could be an issue

for instance you couldn't use Mickey Mouse( because Disney might have an issue) or using James Bond

the only other issue would be keeping the names clean and not offensive

HandofBane · May 2014

Copyright ideas aside, what I am looking at are:

2.2 You may not create an account name that is defamatory, impersonates or attempts to defame the reputation of another account holder,

Or more of a stretch with

2.5 You may not harass, threaten, embarrass, or cause distress to another customer or guest using ZeniMax sites and Services. This includes but is not limited to verbal attacks, unwanted messaging, personal attacks, stalking or any other undesired behavior used to cause discomfort or disrupt another customer's experience.

theinsaneb16_ESO · May 2014

HandofBane wrote: »

It actually might, as my name is used on a TCG card. That said, the naming policy does cover far more than just copyrighted stuff, just hoping for the full text or some input on things I can do to deal with it, if anything.

hahaha you dont get out much do you? Where the "^%$^$" did you get the idea that your own name has a copywrite? haha oh man me and my friends laughed our asses off when we saw this.

pls man get out more or look for a gf or a wife or a housepet. Because saying that the name can not be taken because you couldnt get it is just ridiculous and saying that it is copywrite because its on a TCG card is even more ridiculous because that person cant according to you but you can even though its from a TCG card.

You write laughable and strange things and at the same time when you say something you also right away say something that doesnt match your former issue with this and you backfire yourself

KeynesAlley · May 2014

Is it possible that this other person shares the same name as you in real life?! If so, then they can't be accused of violating either clause in any way.

If it's an extremely rare name like mine, then you might have a point, but you'd still have to prove intent.

Kalann_Pander · May 2014

HandofBane wrote: »

Obviously, this cannot be allowed to stand

It's very far from obvious, at least in a world which isn't so self-centered ^^

The guy might just have the same RL name as you. Or it could be a film/book/other game character he liked. Whatever the reason, it's nearly certain you have no part in it ... if you do have a part in it, it's likely to be either friends/family pulling a joke, or someone else who knows you and is just trying to annoy you (looks pretty easy to accomplish, must say).

Really, this is a game, not RL. So your RL name has no significance in the game (and vice versa).
I'm pretty sure the TOS can't help you, and regardless, you do not hold a copyright to your name. If there is a copyright (due to the TCG thing), well, you're not the guy holding it.

How would you react if a bloke came over and asked you to change your character's name because it's his RL name ?

Personally, I'd ROFL and tell him to get lost.

theinsaneb16_ESO · May 2014

Edit: plus if my name was lets say Richard, and someone in game his name is also richard and uses it for his char name. I cant go to the support to get that name lol. There is no posibillity in the coc you read although you say there are a few. You know there is zero/nothing you can do about this.

You should have taken that name in game faster so someone else couldnt get it + that person might have the same irl name as you so stop thinking so strange and find a partner lol

ttwinklerub17_ESO · May 2014

1. impersonate
to do either this he must have personal knowledge which indicates it you and you alone (as it could be his name too) and indicate that in messages
2 defame
to do this he would have to do the same with impersonate - it must point to you alone - where you work or live - not a general location like england or london or dallas texas...etc - where there may well be 1000's with the same name

so he can make himself look like an a** and inadvertantly make all persons with the same name look like an a**

it maybe not intentional (they may be an ***) - and you'll have to deal with it

however if the language and behavior is bad it be covered under harrassing...ie section 2.5

best course of action is using a fabricated name like Xeril Yarbringer
and then you have to wonder if you are stepping on trademark/copyright

HandofBane · May 2014

theinsaneb16_ESO wrote: »

You should have taken that name in game faster so someone else couldnt get it + that person might have the same irl name as you so stop thinking so strange and find a partner lol

Reading comprehension is hard for you, isn't it? I wasn't trying to get the name, someone else in thread posted about wanting a name they had used in prior games. I simply have no desire to see my own name ingame, especially should anyone who does know me (and is either not on my friends list or thinks I may have a second account) sees said person do something stupid or very out of character for me, then have those actions reflect on me in real life through no fault of my own.

Thalinn_ESO · May 2014

Actually had this same type of thing happen in DAoC. Messaged the guy how he came up with that name and it was his real name lol. Been friends ever since.

Ojustaboo · May 2014

Just because you think your name is rare and your the only one that has it, does not make this true.

As others have said, this games open to a lot of people and I doubt that even the most obscure name is only held by just one person on the planet.

And to worry what others may think of you should this person do something stupid, talk about being vain and full of yourself, as others have said, get out more.

Your acting like a spoilt child.

KeynesAlley · May 2014

How thick are your friends and family that they don't get that someone might share your name and want to use it in a video game?!

There's a guy, at least during beta, who used my first name as his name. Like a previous poster, it's his first name too. My guild and friends know that it's not me because of the name used. I simply DO NOT use my real name, in whole or part, for any of my toons in any game I play{ed}.

HandofBane · May 2014

Ojustaboo wrote: »

And to worry what others may think of you should this person do something stupid, talk about being vain and full of yourself, as others have said, get out more.

I work in a business IRL where my name and reputation by word of mouth are more valuable than physical stock, as keeping that name/reputation clean means more business and more income for me year-round. Call it vain or spoiled all you want, but that doesn't change the fact that names and reputations attached to them can hold real effect and meaning, especially when someone else with that name does something stupid, causing others with the name to have to do cleanup and damage control so it doesn't affect themselves.

RosaDamascena · May 2014

Imagine all the ppl with the same name either irl or ingame that you don't know about

Thalinn_ESO · May 2014

Do you really think some random person using a nane that just so happens to be yours in a MMO will hurt your reputation in real life? Come on man!!!! Really?

Unless your RL business is selling gold in ESO I dont think you have much to worry about.

KeynesAlley · May 2014

So, only christian fanatics and racists can have the name Bob Jones (of Bob Jones University fame) or they defame him?

While I agree that a lot of people are stupid, I doubt they are that stupid that they can't figure out that more than 1 person can have/use a name.

AlexDougherty · May 2014

Ojustaboo wrote: »

Just because you think your name is rare and your the only one that has it, does not make this true.

This is the crutch of the arguement.
With a global population in the Billions, virtually any combination of first name and surname is going to be duplicated. More over there is the real possibility that this other person is coming across others of the same name frequently enough to add the moniker "The Real".

2.2 You may not create an account name that is defamatory, impersonates or attempts to defame the reputation of another account holder,

2.5 You may not harass, threaten, embarrass, or cause distress to another customer or guest using ZeniMax sites and Services. This includes but is not limited to verbal attacks, unwanted messaging, personal attacks, stalking or any other undesired behavior used to cause discomfort or disrupt another customer's experience.

If he really has the same name, neither of these apply BTW.

ttwinklerub17_ESO · May 2014

then copyright/trademark it - then ZOS doesn't have a choice

otherwise deal with it
there are plenty of shops/store/biz's in different town/cities with the same name

just imagine a lot of john smith shops - john smiths bikes, john smiths used cars, john smiths furniture ...and the list goes on

most businesses trademark the name if they are smart then you can stop others from using it

additionally
for instance people could go...Hey Im Brad Pitt or Im Angelina Jolie
there very well could be another with the same name (not as likely with a more uncommon name)

they could very well act like jerks but everyone knows they are most likely NOT the REAL Brad or Angelina
like would they have the time and would they use their Real names - BUZZZ NO

Don't take what happens in a game as being detrimental to you
Unless what they do specifically targets you and you alone or your biz and refers to your biz

bwilson.homeb16_ESO · May 2014

Your name is 'Bob'
He tried to create an character with his chosen name, and found you were cybersquatting the name he wanted, the name he's used as a high profile player in a celebrated MMOing history of more than a decade, so he had to name his character 'The Real Bob'

Maybe it is YOU who will be forced to drop the name if you challenge who has more claim on it...

KeynesAlley · May 2014

bwilson.homeb16_ESO wrote: »

Your name is 'Bob'
He tried to create an character with his chosen name, and found you were cybersquatting the name he wanted, the name he's used as a high profile player in a celebrated MMOing history of more than a decade, so he had to name his character 'The Real Bob'

Maybe it is YOU who will be forced to drop the name if you challenge who has more claim on it...

Hey, we got a Beach Boy (B Wilson) replying to this thread!!!! How's Carnie?

It's gotta be him, right? No one else has that name.

Thalmar · May 2014

I am reading all the posts from top, you people really need to learn to deal with different ideas than yours. You are too hostile when making your arguments... Maybe games are failing, but i began to think it is not the games lack of fun, it is the communities who plays them. You could all argue about this matter in such a good manner but you choose to be hostile, it was your call, why such hate have no idea, have a nice day if you ever had.

HandofBane · May 2014

Thalinn_ESO wrote: »

Do you really think some random person using a nane that just so happens to be yours in a MMO will hurt your reputation in real life? Come on man!!!! Really?

Unless your RL business is selling gold in ESO I dont think you have much to worry about.

It's no secret IRL that I am a gamer online. That said, I had to deal almost a decade ago with someone who had the same name, different SSN, and a warrant for their arrest... so yeah it could have an effect, not willing to take any chances.

And @ the other folks who can't seem to read very well - I don't have any characters with the name, just my own real name, which I saw used ingame by another player while on my alt.

AlexDougherty · May 2014

bwilson.homeb16_ESO wrote: »

Your name is 'Bob'
He tried to create an character with his chosen name, and found you were cybersquatting the name he wanted, the name he's used as a high profile player in a celebrated MMOing history of more than a decade, so he had to name his character 'The Real Bob'

Maybe it is YOU who will be forced to drop the name if you challenge who has more claim on it...

You may want to reread the OP, he said he wasn't using his actual name but was surprised to find someone else was (wih the prefix The Real).

The rest is a self-indulgent rant about how it's his name, and how it's harassment (it isn't).

Thalinn_ESO · May 2014

HandofBane wrote: »

Thalinn_ESO wrote: »

Do you really think some random person using a nane that just so happens to be yours in a MMO will hurt your reputation in real life? Come on man!!!! Really?

Unless your RL business is selling gold in ESO I dont think you have much to worry about.

It's no secret IRL that I am a gamer online. That said, I had to deal almost a decade ago with someone who had the same name, different SSN, and a warrant for their arrest... so yeah it could have an effect, not willing to take any chances.

And @ the other folks who can't seem to read very well - I don't have any characters with the name, just my own real name, which I saw used ingame by another player while on my alt.

Did you try to send him a tell in game or anything? Like I said I had the same thing happen to me and it was his RL name also lol. Tirned out to be a pretty cool guy. Like I said still talk to this day.

ttwinklerub17_ESO · May 2014

I quite understand your dilemma

But the advice is correct

2.5 You may not harass, threaten, embarrass, or cause distress to another customer or guest using ZeniMax sites and Services. This includes but is not limited to verbal attacks, unwanted messaging, personal attacks, stalking or any other undesired behavior used to cause discomfort or disrupt another customer's experience.

unless the person acts real stupid and does things would would cause issues with others or yourself (that means breaching TOS) your in a pickle

you can ask ZOS for a name change - they may be willing to advise the other client on behavior or get them to change their name (with ZOS making it free)

Im sure if Brad Pitt saw someone using his name he'd get in contact with ZOS and ask for a change - because it impacts his image

theinsaneb16_ESO · May 2014

HandofBane wrote: »

theinsaneb16_ESO wrote: »

You should have taken that name in game faster so someone else couldnt get it + that person might have the same irl name as you so stop thinking so strange and find a partner lol

Reading comprehension is hard for you, isn't it? I wasn't trying to get the name, someone else in thread posted about wanting a name they had used in prior games. I simply have no desire to see my own name ingame, especially should anyone who does know me (and is either not on my friends list or thinks I may have a second account) sees said person do something stupid or very out of character for me, then have those actions reflect on me in real life through no fault of my own.

with this we even laughed more after reading this. In your OP you said that it was your name irl. The first sentence said this.

+ if you really just wanted to get that name then your thread here is totally a waste and ridiculous.

Its even more funny now then before you are digging holes where we can fall over laughing in