Date: Tue, 23 Nov 2004 21:21:57 -0600 From: Jay Moore <jaymo@cromagnon.cullmail.com> To: freebsd-questions@freebsd.org Cc: dan@mist.nodomain Subject: Re: Copyright Issues Message-ID: <200411232121.57813.jaymo@cromagnon.cullmail.com> In-Reply-To: <200411231657.iANGv8Ps000709@mist.nodomain> References: <200411231657.iANGv8Ps000709@mist.nodomain>
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On Tuesday 23 November 2004 10:57 am, Dan Strick wrote: > (I suggest this thread be moved to the chat mailing list.) > > It is not clear that copyright law applies here. I doubt that the concept > of a cute demon is copyrightable. In order to be a copyright violation, > it might have to be obvious that the *only* way the vending machine daemon > could have been composed was to intentionally copy a daemon image whose > copyright is held by Kirk McKusick. (This one does look an awful lot like > some versions of the BSD daemon.) > > Trademark law might be more relevant. Even though though the vending > machine belongs to a marketplace not obviously connected to one in which > Kirk McKusick uses his daemons as a trademark, the vending machine machine > image does include a URL and I suppose one could at least argue that the > vending machine usage damages the value McKusick's trademark by > associating it with a product that protects a bunch of ... :-) > > A further complication is that Naughty International Limited is a European > company and the alleged property rights violation occurred in Europe. > > These issues are a bit subtle. If you really care about them, you should > ask a lawyer who works with intellectual property rights law. > > Dan Strick Poppycock, Dan... don't be a stick in the mud. The issues aren't subtle at all. And why should the OP consult an attorney about it? It's not his TM/copyrighted work/IP... I think he did "the right thing" by posting it here; perhaps the owner will learn about it, and can make his own decision about if/how to pursue it. Jay _______________________________________________ freebsd-questions@freebsd.org mailing list http://lists.freebsd.org/mailman/listinfo/freebsd-questions To unsubscribe, send any mail to "freebsd-questions-unsubscribe@freebsd.org"
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