TIP: Click on subject to list as thread! ANSI
echo: public_domain
to: Rowan Crowe
from: Bob Lawrence
date: 1995-06-10 08:52:36
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
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