Re: [Open_Gaming] Some license updates

[Damian Smart]

Lizard wrote:
> Examples, as noted, include the works of William Gibson.

I haven't been able to find anything on works of fiction, but it would
seem that a work of fiction can use trademarks in the body text without
issue, as a work of fiction wouldn't violate any of the actionable
statutes.  Keep in mind that rules are non-fiction.

> In non-fiction
> contexts, consider "Consumer Reports", which not only lists trademarks
> but often says derogatory things about them.

This is explicitly allowed under �43 (15 U.S.C. �1125)

(4) The following shall not be actionable under this section: 
    (C) All forms of news reporting and news commentary. 

Consumer Reports is providing news commentaries in the form of product
reviews.

> I think WOTC caved waaaaay too easily on the 'Dark Matter' issue.

I think so, yes.  But it probably also wasn't important enough for them
to fight.

-Damian
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