[copyleft-next] copyleft-next 0.2.0 released

Pamela Chestek pchestek at gmail.com
Thu Feb 21 15:28:46 UTC 2013


On Thu, Feb 21, 2013 at 10:23 AM, Richard Fontana
<fontana at sharpeleven.org>wrote:

> On Thu, Feb 21, 2013 at 09:07:50AM -0500, Pamela Chestek wrote:
> >
> >     > * "or "powered by" statements"
> >     >
> >     > Is this too specific, or are we hoping a judge would understand
> this as
> >     > referring to a class of statements? E.g. if there was a "FooBar
> Inside"
> >     > statement instead of "Powered by FooBar"...
> >
> >     This is just a clarification of what kinds of things absolutely are
> >     not 'Legal Notices'. It isn't meant to be exhaustive, but I did
> >     recently add 'Powered by statements' because that is such a common
> >     form in which I've seen the problematic condition.
> >
> >
> > When Gerv raised this, I wondered why the word "trademarks" isn't in
> there.
> > When I suggested adding "trademark legends" I'm SURE I had a good reason
> not to
> > add "trademarks," but for the life of me I can't figure it out now.
> Maybe I was
> > thinking about the case where a name is also a trademark, so in the
> copyright
> > notice the company name would also be trademark? But that seems a silly
> thing
> > to worry might get misinterpreted.
>
> I believe something like that had occurred to me.  *Maybe* it would be
> silly, but based on past experience I can anticipate *some* critical
> readers saying that there's a contradiction (or, worse, a trap)
> because you have to preserve copyright notices.
>
>
It would be a pretty frivolous argument to make.  Just because a word is
both a trade name and a trademark doesn't mean that use as a trade name is
use as a trademark. (I tried to figure out a clever formula with "=" and
"!=" that you guys do but couldn't come up with one ...)

I say go with "trademarks or trademark legends."

Pam
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