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<blockquote data-quote="darkelfo" data-source="post: 2206328" data-attributes="member: 29869"><p>A few points to respond to the issues raised above:</p><p> </p><p>1. Ragarding Anti-SLAPP. That stands for Strategic Lawsuit Against Public Participation. Anti-SLAPP laws are designed to protect people who are exercising their free speech rights from the chilling effects of merit-less lawsuits. Using someone else's copyrighted works for commercial purposes may not qualify under these laws, unless perhaps its a commercial parody. As much as I am a fan of these laws, don't be fooled into thinking they are an escape to copyright infringement in all cases.</p><p> </p><p>2. Trademark is different than copyright. The basic right under trademark law <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f642.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":)" title="Smile :)" data-smilie="1"data-shortname=":)" /><img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f642.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":)" title="Smile :)" data-smilie="1"data-shortname=":)" /><img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f642.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":)" title="Smile :)" data-smilie="1"data-shortname=":)" /> to prevent consumer confusion. I can say Microsoft sucks, using their trademark, till the Internet explodes, but I can't put their trademark on my own software and sell it. Referring to a company's products using their trademarks is totally legal as long as people aren't confused that you're doing that UNLESS you have agreed otherwise. I believe some of the OGL licenses include a prohibition on using people's marks, but I have not read them in like three years. </p><p> </p><p>3. I'm an attorney and I can't afford my own fees and I make a ton of money. So even if you are right about your legal position, proving it in court is a whole other matter. That costs big time $$$. So get permission if you want to use people's stuff and make sure you're asking the right person/entity. Just because someone wrote the article doesn't mean they have the right to license its use.</p><p> </p><p>4. Hire a lawyer! If you're involved in a commercial enterprise, legal advice in advance is always a good idea. Obviously, casual discussions like this entire thread are NOT a good source of legal advice.</p></blockquote><p></p>
[QUOTE="darkelfo, post: 2206328, member: 29869"] A few points to respond to the issues raised above: 1. Ragarding Anti-SLAPP. That stands for Strategic Lawsuit Against Public Participation. Anti-SLAPP laws are designed to protect people who are exercising their free speech rights from the chilling effects of merit-less lawsuits. Using someone else's copyrighted works for commercial purposes may not qualify under these laws, unless perhaps its a commercial parody. As much as I am a fan of these laws, don't be fooled into thinking they are an escape to copyright infringement in all cases. 2. Trademark is different than copyright. The basic right under trademark law :):):) to prevent consumer confusion. I can say Microsoft sucks, using their trademark, till the Internet explodes, but I can't put their trademark on my own software and sell it. Referring to a company's products using their trademarks is totally legal as long as people aren't confused that you're doing that UNLESS you have agreed otherwise. I believe some of the OGL licenses include a prohibition on using people's marks, but I have not read them in like three years. 3. I'm an attorney and I can't afford my own fees and I make a ton of money. So even if you are right about your legal position, proving it in court is a whole other matter. That costs big time $$$. So get permission if you want to use people's stuff and make sure you're asking the right person/entity. Just because someone wrote the article doesn't mean they have the right to license its use. 4. Hire a lawyer! If you're involved in a commercial enterprise, legal advice in advance is always a good idea. Obviously, casual discussions like this entire thread are NOT a good source of legal advice. [/QUOTE]
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