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Re: Opinion on avoiding Copyright and Trademark infringement.



On Tue, 2005-09-27 at 15:10 +0000, MJ Ray wrote:
> James Damour <JDAMOUR@nycap.rr.com> wrote: [...]
> > I'm fairly confident that my project does not infringe on the copyrights
> > of the boardgame authors, given my reading of the US code[4], [...]
> 
> I agree with you. I think others might not ("mise en scene" and all
> that), so I leave it for them to suggest ways around the problems.
> 
> By the way, be careful relying on US codes when trying to enter an
> international distribution.

Hence, my post. :)
> 
> > The *real* problem is the use of registered trademarks from the game.
> > The most common unit type in the game is called a "BattleMech" (often
> > shortened to "'Mech" or "Mech"), which is a registered trademark.
> 
> The scope of US trademark registration number 1479757 is "IC
> 028. US 022. G & S: PLAYING PIECES, RULES, AND GUIDES FOR USE
> IN PLAYING BOARD GAMES." Anyone know if that applies to computer
> software and how?
> 
> Assuming it does, I'd suggest being careful not to use the
> exact spelling or styling of the trademark.

That was my thoughts as well.

> 
> > This
> > term is used throughout the project's code.  Similarly, we have classes
> > named "MechWarrior" and "Protomech" which are also registered
> > trademarks.  I would be surprised indeed if this code can be distributed
> > by Debian.
> 
> MechWarrior at least is registered to Microsoft for computer software
> (registration number 2508485). I think you shouldn't use that one!

Surely not!

> 
> I can't find a registration for Protomech.
> 
> I hope descriptive things like acronyms of simple weapon names
> are OK, but I don't know the law on that. Do you?

IANAL.  I'm not even a knowledgeable layman.  Is this the sort of thing
the SFLC[1] helps with?
> 
> Hope that helps,
> -- 
> MJR/slef
> My Opinion Only: see http://people.debian.org/~mjr/
> Please follow http://www.uk.debian.org/MailingLists/#codeofconduct
> 
> 

[1] http://www.softwarefreedom.org/

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