Faust wrote:
IE: I can say my software is
> compatible with Microsoft Windows until the sun falls down - nobody can
sue
> me unless it is obvious I am lying.
Reply:
Actually Microsoft has extensive logo compatibility requirements. Not only
does the software have to meet specific requirements, it also requires an
contract with Microsoft.
Kyle
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----- Original Message -----
From: "Faustus von Goethe" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Wednesday, August 02, 2000 8:07 AM
Subject: Re: [Open_Gaming] Some license updates
> >
> >For example, lets say you made a module and advertised it as "an
expansion
> >to Necromancer Games adventure Rappan Athuk" or if you said "compatible
> >with Necromancer Games products!" right on the front and you didnt get
> >permission from me. Or lets say you release a product and advertise it as
> >"compatible with" some other d20 company.
> >
> >Guess what? Even without the OGL in place you get sued and get an
> >injunction against you releasing your product. ...
> >
>
> Actually Clark, I think you are dead wrong here. TSR sued Mayfair games
in
> the late 80's over just this issue (a small label that said "This product
is
> compatible with D&D, trademark used without their permission.") and lost
in
> a very big way. If I recall correctly, the arguments centered around
> consumer confusion. Plain and simple, there is nothing in the law
> preventing you from comparing your product with another - even to the
extent
> that that comparison is a favorable one, ie: "works just like".
>
> BTW does somebody have the link to that court case - I believe it was
posted
> back in February?
>
> In reality, saying "compatible with" is nothing more than an objective
> comparison. It doen't dilute or infringe. IE: I can say my software is
> compatible with Microsoft Windows until the sun falls down - nobody can
sue
> me unless it is obvious I am lying.
>
> Oh - IF I am lying the consumer can sue me for misrepresenting my
product -
> but I have not infringed on or diluted a trademark by making a
comparison -
> as long as there is no confusion by the customer. This is *NOT* a real
grey
> area here - but it is an area where the lawyers constantly work to MAKE it
> grey, so it can be argued.
>
> In the gaming industry it may be tacky, it may be irritating, but its is
not
> illegal.
>
> Faust
>
> See the OGF FAQ at:
> http://www.earth1066.com/D20FAQ.htm
> ________________________________________________________________________
> Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com
>
> -------------
> For more information, please link to www.opengamingfoundation.org
>
-------------
For more information, please link to www.opengamingfoundation.org
