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| subject: | Re: Copying: Legal vs. Et |
RC> However, you can trademark an adjective, when applied to a RC> generic type of product or service. Like an "Apple" computer. RC> Apple Computer owns that word applied to computers, even though RC> it is also an ordinary word. Apple records owns it when applied RC> to music. Neither owns the word on its own, only in context. This is wrong, Rowan. The Apple trademark only applies to the trademark itself, not the word. FYI, "apple" is a noun, not an adjective. A better example is DIGITAL. I can use the word in any sense I choose... as long as I don't use the DIGITAL logo in square blocks. Context has nothing to do with it. What they have registed is the "mark" or logo. If they choose a word in common use that might lead to ambiguity, then that's *their* problem. RC> Copyright law is mostly civil law. If you violate copyright you RC> would usually get sued, not charged with a crime. "Innocent RC> until proven guilty" is a principle of criminal law, as is RC> "proof beyond a reasonable doubt." Sorry, but in copyright RC> suits, these don't apply. It's mostly which side the judge or RC> jury believes more. This is not true either. Copyright piracy is a Federal crime. RC> Actually, recently in the USA commercial copyright violations RC> involving more than 10 copies and/or value over $2500 was made RC> a felony. So watch out. (At least you get the protections of RC> criminal law.) USA only applies in the USA. Australia does not even have the concept of felony in law. RC> All the E-mail you write is copyrighted. The purpose of copyright is to reward intellectual effort. This would not apply to email :-). RC> So you can certainly *report* on what E-mail you are sent, and RC> reveal what it says. You can even quote parts of it to RC> demonstrate. Frankly, somebody who sues over an ordinary RC> message might well lose, because the message has no commercial RC> value, but if you want to stay strictly in the law, you should RC> ask first. I can quote anything on the BBS with total confidence that I am not breaking a law. The only thing I *can't* do, is take your words as my own. If *you* took someone else's words as yours, then that's *your* problem, not mine. I only quote *you*. There has to be intent, except in very unusual cases. Regards, Bob ___ Blue Wave/QWK v2.12 @EOT: ---* Origin: Precision Nonsense, Sydney (3:711/934.12) SEEN-BY: 690/718 711/809 934 @PATH: 711/934 |
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