From owner-freebsd-questions@FreeBSD.ORG Wed Nov 24 03:24:55 2004 Return-Path: Delivered-To: freebsd-questions@freebsd.org Received: from mx1.FreeBSD.org (mx1.freebsd.org [216.136.204.125]) by hub.freebsd.org (Postfix) with ESMTP id 6330916A4CE; Wed, 24 Nov 2004 03:24:55 +0000 (GMT) Received: from cromagnon.cullmail.com (cromagnon.cullmail.com [67.33.58.202]) by mx1.FreeBSD.org (Postfix) with ESMTP id BA5C943D5C; Wed, 24 Nov 2004 03:24:54 +0000 (GMT) (envelope-from jamoore@cromagnon.cullmail.com) Received: from cromagnon.cullmail.com (localhost.cullmail.com [127.0.0.1]) iAO3LwOL046502; Tue, 23 Nov 2004 21:21:58 -0600 (CST) (envelope-from jamoore@cromagnon.cullmail.com) Received: from localhost (localhost [[UNIX: localhost]]) by cromagnon.cullmail.com (8.12.10/8.12.10/Submit) id iAO3Lwf8046501; Tue, 23 Nov 2004 21:21:58 -0600 (CST) (envelope-from jamoore) From: Jay Moore To: freebsd-questions@freebsd.org Date: Tue, 23 Nov 2004 21:21:57 -0600 User-Agent: KMail/1.6.1 References: <200411231657.iANGv8Ps000709@mist.nodomain> In-Reply-To: <200411231657.iANGv8Ps000709@mist.nodomain> MIME-Version: 1.0 Content-Disposition: inline Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit Message-Id: <200411232121.57813.jaymo@cromagnon.cullmail.com> cc: Dan Strick cc: freebsd-chat@freebsd.org cc: dan@mist.nodomain Subject: Re: Copyright Issues X-BeenThere: freebsd-questions@freebsd.org X-Mailman-Version: 2.1.1 Precedence: list Reply-To: jaymo@cromagnon.cullmail.com List-Id: User questions List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , X-List-Received-Date: Wed, 24 Nov 2004 03:24:55 -0000 On Tuesday 23 November 2004 10:57 am, Dan Strick wrote: > (I suggest this thread be moved to the chat mailing list.) > > It is not clear that copyright law applies here. I doubt that the concept > of a cute demon is copyrightable. In order to be a copyright violation, > it might have to be obvious that the *only* way the vending machine daemon > could have been composed was to intentionally copy a daemon image whose > copyright is held by Kirk McKusick. (This one does look an awful lot like > some versions of the BSD daemon.) > > Trademark law might be more relevant. Even though though the vending > machine belongs to a marketplace not obviously connected to one in which > Kirk McKusick uses his daemons as a trademark, the vending machine machine > image does include a URL and I suppose one could at least argue that the > vending machine usage damages the value McKusick's trademark by > associating it with a product that protects a bunch of ... :-) > > A further complication is that Naughty International Limited is a European > company and the alleged property rights violation occurred in Europe. > > These issues are a bit subtle. If you really care about them, you should > ask a lawyer who works with intellectual property rights law. > > Dan Strick Poppycock, Dan... don't be a stick in the mud. The issues aren't subtle at all. And why should the OP consult an attorney about it? It's not his TM/copyrighted work/IP... I think he did "the right thing" by posting it here; perhaps the owner will learn about it, and can make his own decision about if/how to pursue it. Jay