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ForumsDiscussion Forum → Knights of the Force
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Knights of the Force
2008-08-14, 2:53 PM #81
Originally posted by ECHOMAN:
And for those in JK too.

Oh wait! :v:


@_@ Shush you!
Was cheated out of lions by happydud
Was cheated out of marriage by sugarless
2008-08-14, 8:25 PM #82
I think my problem with this whole concept is that the mod author may be able to claim copyright over their work, as in literal work, but we're talking about specific characters or locations to which they do not own the copyright. To over simplify, if I draw a picture of Han Solo, post it on the internet, someone else downloads it, displays it on their webpage with a credit to me, and I complain that they've infringed my copyright to my unlicensed use of the character seems hypocritical. That is why my unqualified opinoin to this collection is that it seems to fall within fair use. I could expound more on my thoughts but I don't think it is necessary for most other than CM to catch my drift.
"I would rather claim to be an uneducated man than be mal-educated and claim to be otherwise." - Wookie 03:16

2008-08-14, 9:24 PM #83
Except, they would be infringing on your rights to redistribution of your artwork.
2008-08-14, 10:51 PM #84
Copyrighting a character is difficult because you need to be able to demonstrate that the character is novel in some way. A stereotypical hackneyed arrogant swaggering pirate-slash-smuggler type is pretty far from being copyrightable. The problem here, Wookie, is that you're looking at trademarks and confusing it with copyrights. It's Han Solo(tm), not Han Solo(c).

Trademark violation is a complicated subject and I honestly don't understand the fair use of a trademark. The fact that this mod-tool is collecting money in any way may actually legally force LucasArts to defend their trademarks.
2008-08-15, 4:31 AM #85
There is no 'fair use' of trademarks. You get away with it when you draw pictures of han solo because it would be such bad PR to come after you, they wouldn't get anything out of it, and you'd probably win the case anyway.

Now, go sell han solo action figures, and see what happens.
2008-08-15, 6:39 PM #86
Originally posted by Jon`C:
The problem here, Wookie, is that you're looking at trademarks and confusing it with copyrights. It's Han Solo(tm), not Han Solo(c).


You are absolutely right. I was thinking about this topic before I came back to the computer and thought that I should have used the term "intellectual property" or "trademark" when referring to the content. Still, I think my point is still worthy of consideration if not just out right valid.

Originally posted by Jon`C:
Trademark violation is a complicated subject and I honestly don't understand the fair use of a trademark. The fact that this mod-tool is collecting money in any way may actually legally force LucasArts to defend their trademarks.


I know in the past, we're talking Duke Nukem 3D days, it was generally accepted that compilation authors could charge a reasonable fee for delivering the content. This might be similar to subscribtion websites that facilitate downloads with a fee. I don't know how much he was asking for the CD but I think that since it appears the content is free from the website he is probably fine. I think asking for donations is alright.
"I would rather claim to be an uneducated man than be mal-educated and claim to be otherwise." - Wookie 03:16

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