[cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use
Jordan S Hatcher
jordan at opencontentlawyer.com
Mon Oct 1 04:10:20 EDT 2007
On 1 Oct 2007, at 03:39, paola.dimaio at gmail.com wrote:
> Jordan
>
> what is the copyright situation for the cc licenses - as you seem
> well informed
> is there a trademark registration?
> for which countries?
>
> Anyway, I have no problem in call it MY Creative Commons
>
> unless of course, cc intend to prohibit the usage of the trademark
> world wide - which would
> be another intersting story
I don't know why that would be particularly interesting -- companies
and individuals have trade mark rights throughout the world all the
time and even enforce them. There are whole international treaties
about trade mark, believe it or not, and while the system itself may
be very interesting (at least to me) the idea of one organisation
enforcing their trade mark rights within that system certainly
wouldn't be novel.
> Nobody can trademark the name 'commons' afaik - caust it is a term to
> indicate the public domain
>
They don't call themselves 'commons'. The mark CREATIVE COMMONS is a
registered trade mark, and (to cut a long legal argument short) it
doesn't matter that COMMONS (may) mean public domain.
> I am pretty confident that we'll meet in court anyway one day or
> another
> what's your jurisdiction btw?
>
I certainly hope not.
> :-)\
>
> pdm
>
>
> On 9/30/07, Jordan S Hatcher <jordan at opencontentlawyer.com> wrote:
>>
>> On 30 Sep 2007, at 06:34, paola.dimaio at gmail.com wrote:
>>
>>> So, my cc licenses from now on will have a 'ethical usage', as per a
>>> definition to be finalized. Which means, the work is licensed
>>> under cc
>>> provided the ethical clause is met.
>>
>> As noted by others, if you do so, this is NOT as CC licence. This
>> would be the "Paola DiMaio licence" and not a Creative Commons
>> licence.
>>
____
Mr. Jordan S Hatcher, JD, LLM
jordan at opencontentlawyer dot com
OC Blog: http://opencontentlawyer.com
IP/IT Blog: http://twitchgamer.net
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http://www.eduserv.org.uk/foundation/studies/cc2007
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