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Date:      Mon, 12 Apr 1999 02:19:03 -0700 (PDT)
From:      asami@freebsd.org (Satoshi - Ports Wraith - Asami)
To:        jseger@scds.com
Cc:        ports@freebsd.org
Subject:   Re: Copyright Infringement policy?
Message-ID:  <199904120919.CAA40305@silvia.hip.berkeley.edu>
In-Reply-To: <199904120007.UAA80682@scds.com> (jseger@scds.com)
References:   <199904120007.UAA80682@scds.com>

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 * From: "Justin M. Seger" <jseger@scds.com>

 * What is the official ruling on the import of ports that have names
 * that violate copyrights?
 * 
 * I am asking this specifically in reference to ports/7701, Dr. Mario.
 * 
 * Dr. Mario is a trademark of Nintendo.

You mean "names that violate trademarks" ?

There are two issues here, the contents of the software and the names
themselves.  If you think a particular software might violate
someone's trademark (or copyrights for that matter), then set it
RESTRICTED so we won't be distributing distfiles or packages.  The
users can do whatever they want at their risk, so it's ok to make it a
port.

However, if there is a trademark issue with the name, then we have to
be careful not to be marketing a product that's not the original.  In
partucular, the name of any directories/files can't contain the
trademarked name in a manner that it easily resembles the product (in
this case, "mario" and "drmario" is probably not ok, "dmp" or "dmgame"
or some such is ok).  Also the text files (COMMENT and DESCR in
particular) shouldn't contain any direct references to the original
game's name.  On the other hand, it is ok to write something like "a
clone of a famous video game where your hero runs around collecting
coins and mushrooms".

Before anyone shoots the messenger, no, I don't like it very much
either, but that's what the lawyers and WC bean-counters came up with
last time there was an issue (with tetris and stuff).

-PW


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