On Wed, 23 Jul 2003 [EMAIL PROTECTED] wrote:

> If that's the case, and your scope argument is interesting, then the vast 
> majority of PI is trivial to circumvent unless it is already protected by other 
> laws (like trademark or copyright).
> 
> Because honestly, if you can source exactly the same thing (like a name) from 
> the public domain (and since the name can't be copyrighted by itself, only 
> trademarked) then people could have their buddy (who hasn't read the OGL'd 
> product) write a one paragraph story using the name, license it from him or grab it 
> from the public domain, and utterly circumvent all protections for PI'd 
> character names except those which are established because the name is a trademark.

"Trivial" apparently meaning "through the use of a time machine." In
order for you to make a claim to sourcing a term to the public domain,
it has to be the *pre-existing* public domain; your buddy has to write
his one-paragraph story *before* the book with that same name PI'd
comes out. Otherwise the hypothetical judge in the hypothetical case
is likely to laugh in your face as he rules against you.

Spike Y Jones

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