Anyone here a lawyer? I need to ask a question!
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Lawyer! Anyone a lawyer?
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Fat Dragon Games
- Dragon Troll
- Posts: 682
- Joined: Fri May 25, 2007 7:00 am
Re: Lawyer! Anyone a lawyer?
angelius wrote:
Anyone here a lawyer? I need to ask a question!
I like to trip cripples and beat puppys... does that qualify?
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Thomas A. Tullis
Fat Dragon Games
www.fatdragongames.com
Castles & Crusades...more D&D than D&D.
With this official ruling in Canada
http://www.cbc.ca/money/story/2005/11/1 ... 51117.html
and in the EU
http://www.iht.com/articles/2008/11/12/ ... s/lego.php
what does this actually mean? Does this ruling apply only to the brick or to minifigs as well? Does this mean that they no longer have control over the image of their products? -- more importantly what does this mean for brickfilms and other people that use the brick as a medium?
My first impression is that its a precedence that may help answer that last question. I hope that they will finally embrace "artists" that use their product in a creative way. Either because they have to now or because they can't afford to lose anymore market share. Which has slid over the last few years from a monopoly down to 45%.
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http://www.cbc.ca/money/story/2005/11/1 ... 51117.html
and in the EU
http://www.iht.com/articles/2008/11/12/ ... s/lego.php
what does this actually mean? Does this ruling apply only to the brick or to minifigs as well? Does this mean that they no longer have control over the image of their products? -- more importantly what does this mean for brickfilms and other people that use the brick as a medium?
My first impression is that its a precedence that may help answer that last question. I hope that they will finally embrace "artists" that use their product in a creative way. Either because they have to now or because they can't afford to lose anymore market share. Which has slid over the last few years from a monopoly down to 45%.
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deimos3428
- Hlobane Orc
- Posts: 159
- Joined: Thu Feb 22, 2007 8:00 am
angelius wrote:
With this official ruling in Canada
http://www.cbc.ca/money/story/2005/11/1 ... 51117.html
and in the EU
http://www.iht.com/articles/2008/11/12/ ... s/lego.php
what does this actually mean? Does this ruling apply only to the brick or to minifigs as well? Does this mean that they no longer have control over the image of their products? -- more importantly what does this mean for brickfilms and other people that use the brick as a medium?
My first impression is that its a precedence that may help answer that last question. I hope that they will finally embrace "artists" that use their product in a creative way. Either because they have to now or because they can't afford to lose anymore market share. Which has slid over the last few years from a monopoly down to 45%.
I am not a lawyer, but I can explain what this means.
Lego's patent on the shape of their bricks expired long ago. However, they did not want competition. So, to stop a competitor from making similar bricks, they attempted to use trademark law by stating the shape of their bricks was a trademark.
Both the Supreme Court of Canada and the European Court of First Instance disagreed, and rightly so in my opinion. (That'd be like Og the Caveman trademarking the shape of a wheel.)
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Buttmonkey
- Greater Lore Drake
- Posts: 2047
- Joined: Fri Jun 15, 2007 7:00 am
I'm a lawyer, but I'm not an intellectual property lawyer. Even if I were one, I wouldn't be licensed in Canada or in a European Union jurisdiction, so I wouldn't be competent to give you a legal opinion on the impact of those Canadian and EU decisions in Canada or the EU (and not being an international law specialist I can't tell you what impact those rulings might have in the U.S.). And, even if I were licensed and competent, I still wouldn't give an opinion since (especially in IP areas) I'd be opening myself up to a potential malpractice claim without any incentive to do so (e.g., monetary remuneration). If a civilian gives you bad advice, it's too bad so sad. If a lawyer gives you bad advice, you get to move into his house. (Slight exaggeration. )
Generally speaking, asking for free legal advice on intellectual property issues is going to get you what you pay for. You'll probably get some fairly accurate information from lay people, but you'd be playing Russian Roulette if you relied upon it. If you seriously need an answer, you need to hire an IP attorney. If you're just idly curious, you might be able to get an accurate answer by posting on an internet forum, but then again you might not, and you really wouldn't have any way of knowing which.
Generally speaking, asking for free legal advice on intellectual property issues is going to get you what you pay for. You'll probably get some fairly accurate information from lay people, but you'd be playing Russian Roulette if you relied upon it. If you seriously need an answer, you need to hire an IP attorney. If you're just idly curious, you might be able to get an accurate answer by posting on an internet forum, but then again you might not, and you really wouldn't have any way of knowing which.
tylermo wrote:Your efforts are greatly appreciated, Buttmonkey. Can't believe I said that with a straight face.
Nope just idly curious, I'm actually thinking more on the business side of things for them. I'm not a lawyer but a business development dude so, I wonder how if/at all their outlook will change towards people using their products for creative pursuits. My take is that they have to start giving a little more liberty away to the public. It is free marketing for them, provided it agrees with their policy on appropriate material of course.
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Big Iron Vault Your friendly neighbourhood gaming magazine. Check out our new webcomic, The Heindrich Project!
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Big Iron Vault Your friendly neighbourhood gaming magazine. Check out our new webcomic, The Heindrich Project!
Too many lawyers here.
NOTE TO ALL: If you don't like something I've said, PM me and tell me to my face, then give me a chance to set things right before you call a moderator.
My small homage to E.G.G.
_________________William Shakespeare, Henry VI, Act 4, Scene 2 wrote:
CADE: I thank you, good people: there shall be no money; all shall eat and drink on my score; and I will apparel them all in one livery, that they may agree like brothers and worship me their lord.
D ICK: The first thing we do, let's kill all the lawyers.
CADE: Nay, that I mean to do. Is not this a lamentable thing, that of the skin of an innocent lamb should be made parchment? that parchment, being scribbled o'er, should undo a man? Some say the bee stings: but I say, 'tis the bee's wax; for I did but seal once to a thing, and I was never mine own man since. How now! who's there?
NOTE TO ALL: If you don't like something I've said, PM me and tell me to my face, then give me a chance to set things right before you call a moderator.
My small homage to E.G.G.
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cleaverthepit
- Ulthal
- Posts: 437
- Joined: Mon May 01, 2006 7:00 am
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gideon_thorne
- Maukling
- Posts: 6176
- Joined: Thu Mar 30, 2006 8:00 am
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cleaverthepit wrote:
I'm not a lawyer.
But here's my take on all conversations with lawyers (Mac for example)
Davis: Hey Mac can I.....
Mac: Gibberish, gibberish lawspeak gibberish
Davis: So uh, is that a yes or no.
Mac: Gibberish, gibberish lawspeak gibberish
Davis: Uhh yeah, OK then, uhh yeah. How 'bout them Bears?
Kind of like conversations with archaeologists and other historian types really. You'll get very learned answers full of guesswork.
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"We'll go out through the kitchen!" Tanis Half-Elven
Peter Bradley
"The accumulated filth of all their sex and murder will foam up about their waists and all the whores and politicians will look up and shout, 'Save us!' And I'll look down, and whisper 'No.' " ~Rorschach
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cleaverthepit
- Ulthal
- Posts: 437
- Joined: Mon May 01, 2006 7:00 am
No, I'm not a lawyer, but I did sleep at a Holiday Inn last night!
Sorry, I thought someone would have done this by now. If they did, I need to get glasses.
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Eulaliaaa!!! Give those rapscallions blood and vinegar, wot?!
Be sure to check out Jim's artwork for sale:
http://jimhollowayart.com/id5.html
Sorry, I thought someone would have done this by now. If they did, I need to get glasses.
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Eulaliaaa!!! Give those rapscallions blood and vinegar, wot?!
Be sure to check out Jim's artwork for sale:
http://jimhollowayart.com/id5.html
gideon_thorne wrote:
Kind of like conversations with archaeologists and other historian types really. You'll get very learned answers full of guesswork.
heh! I think I could probably top it all for ambiguity....I spent two years in Astrophysics research for graduate school speficially in early Cosmology and let me tell ya. That pretty much tops it all for ambiguity... Friend: So what's this dark energy thing?
Me: Blah blah, universe acceleration, unknown mass, blah blah
Friend: So its not like dark matter?
Me: blah blah 20% matter in universe, blah cant see it ,dont know why we're talking about this blah
Friend: Why do you get paid for this again?
THEN I got my MBA as well in stock trading
Friend: So hows the market doing?
Me: blah blah Bullish on Bears.. blah blah...depends on this and that... wait what was your question again?
hehe.... and now I'm in business development... so I think I see a trend in my career. hehehe...
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