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Date:      Sun, 22 Aug 1999 11:56:29 -0500
From:      Kevin Day <toasty@dragondata.com>
To:        Andrzej Bialecki <abial@webgiro.com>, Kevin Day <toasty@dragondata.com>
Cc:        Narvi <narvi@haldjas.folklore.ee>, "Daniel C. Sobral" <dcs@newsguy.com>, Nik Clayton <nik@FreeBSD.ORG>, freebsd-current@FreeBSD.ORG
Subject:   Re: "The Matrix" screensaver, v.0.2
Message-ID:  <4.2.0.58.19990822114423.00ad3cc0@nfs.dragondata.com>
In-Reply-To: <Pine.BSF.4.05.9908221837420.54625-100000@freja.webgiro.com >
References:  <4.2.0.58.19990822095052.00ad17c0@nfs.dragondata.com>

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At 06:44 PM 8/22/99 +0200, Andrzej Bialecki wrote:
>On Sun, 22 Aug 1999, Kevin Day wrote:
>
>[trademark violation warning]
>
>Ok, maybe you have a point - I dont know, I'm not a lawyer. But with this
>line of reasoning they could claim that anything using falling letters
>effect on your screen partly violates they trademarked special effect,
>which is silly.
>
>What can we do, then? Why don't we ask them politely if it's ok?
>
>Andrzej Bialecki

While I can't speak for how Warner Brothers' lawyers are, as a general 
rule.. "It's much easier to say No, than it is to say Yes, and regret it 
later." If you ask, you'll probably get a No.

It's not that you made a falling letter effect, it's that you made a 
falling letter effect to copy the effect in the movie, and it does look 
very much like what's in the movie. That could be called willful 
infringement. While I doubt they'd stop a fan from making something like 
this, (I don't know this for a fact though, see what Paramount did with 
Trek sites before, or Mattel with Barbie) they may be more led to taking 
action against a product being sold that contains it. (FreeBSD being sold 
by Walnut Creek and others).

If this is distributed as a fan based thing, the worst they'd likely do is 
say "Take it down.". If this is on thousands of FreeBSD cd's, it could 
become a financial problem if they want to take it far enough.

This is just my opinion though, and not to be used as legal advice for 
anyone. I just don't want FreeBSD to become a ball of intellectual property 
infringements. :)

Kevin



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