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Axanar meets legal resistence from CBS
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<blockquote data-quote="Janx" data-source="post: 6849976" data-attributes="member: 8835"><p>yes and no. Granted for us laymen, we use the phrase Intellecutal Property (IP) to cover all the bases of trademark, copyright, patent, etc. We'd need Danny to set us straight in lawyerful terms. Personally, I have more experience in patent IP than the others.</p><p></p><p>That said, trademark is more likely to apply to concepts like Romulan, Star Trek, and Klingon in this Axanar case than Copyright, which as I understand generally covers specific text, speech, music, art, video. This is akin to TSR trademarking Nazi, and how you can't copyright protect game rules only the implementation of the text explaining them (thus the Player's Handbook is copyrightable, the rules to 3e are not).</p><p></p><p>Unless Axanar steals footage or a script from Paramount, it's not a straight up copyright case (as in plagiarism kind of copyright violation).</p><p></p><p>If using the words Klingon, etc are indeed covered under some copyright law, obviously I don't know that. However it smells exactly like trademark infringement.</p><p></p><p>As both patent and trademark have rules about failing to enforce them, I suspect copyright has similar clauses. We'd need Danny to confirm or refute that hunch.</p></blockquote><p></p>
[QUOTE="Janx, post: 6849976, member: 8835"] yes and no. Granted for us laymen, we use the phrase Intellecutal Property (IP) to cover all the bases of trademark, copyright, patent, etc. We'd need Danny to set us straight in lawyerful terms. Personally, I have more experience in patent IP than the others. That said, trademark is more likely to apply to concepts like Romulan, Star Trek, and Klingon in this Axanar case than Copyright, which as I understand generally covers specific text, speech, music, art, video. This is akin to TSR trademarking Nazi, and how you can't copyright protect game rules only the implementation of the text explaining them (thus the Player's Handbook is copyrightable, the rules to 3e are not). Unless Axanar steals footage or a script from Paramount, it's not a straight up copyright case (as in plagiarism kind of copyright violation). If using the words Klingon, etc are indeed covered under some copyright law, obviously I don't know that. However it smells exactly like trademark infringement. As both patent and trademark have rules about failing to enforce them, I suspect copyright has similar clauses. We'd need Danny to confirm or refute that hunch. [/QUOTE]
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