Hi
>> << >> This has been an issue that I have wondered about for some time. The OGL >> requires you to copy the copyright notice of any other OGC that you use >> in your OGC product. However that copyright notice does not contain OGC, >> in fact it contains trademarks that I would have thought every >> publishers wants to protect, i.e. the name of the publishers themselves! >> >> >> Yes, and no. While re-users can use your company name in their s.15 >> (it's not a matter of can, but must if you put your name in your s.15) >> if they reuse content from a book of yours, the OGL only allows the >> re-user to use your s.15 entry in s.15. Nowhere in the licence does it say that they are allowed to use your name! It says that they have to use but that in itself does not grant permission! Would I be allowed to refuse permission for inclusion of my company name in section 15? Any legals on the list want to comment? >> Personally, I believe there is more benefit to including your company >> name in s.15 than any disadvantage there might be from others abusing >> your identity. See below. I agree but it is open to abuse! >> << >> I have absolutely no problem with other publishers using the OGC that I >> have created, in fact I would actively encourage it, but I have some >> severe reservations about them using my company name without my >> permission! This is so obviously open to abuse! Imagine a OGL printed on >> the inside cover nice and small except for section 15 which is printed >> in really big, bold fonts so that all the company names stand out. To an >> uninitiated consumer this would clearly indicate that these companies >> had some say in the production of the publication had endorsed it! >> >> >> I wouldn't be too concerned with the OGL on the inside of the back cover >> with a large font. Why, because if the customer is flipping through it >> in a store, there was something that caught his attention in the first >> place to pick it up and take a look. How about a scenario where the OGL >> is printed on the back of the product with a black back cover with the >> text of the OGL in grey and companies names in red. The ultimate misuses would be to print the OGL in the front cover in the way that you suggest. Sure it would look ugly and turn a lot of people off but it only has to attract a fairly small number of people for a book to become profitable. If this market continues to grow sooner or later people will start to push the boundaries as hard as they can. Our job is to be prepared. (In my opinion) >> << >> I cannot see a clear way of resolving this but I would like to know what >> others think of this. >> >> >> Very easy. If you ever came across a product that used your company's >> name in that manner, send them a letter stating that you believe they >> are using your trademarks without your permission, and that you require >> them to either recall all product and destroy them (or print up labels >> to cover the area in question). If you feel that their product was >> damaging to your trademark(s) and/or company, tell them that you require >> them to compensate you (either they work with you, or you have the >> courts assess the damages). The first question here is, do I? The only way I could do this is if they are breaking the law. Changing the font will not be relevant in any court case which means that they must be breaking the law by simply including my name. This of course has other consequences, all the OGC products on the market at the moment that reference other material are breaking the law unless they have specific permission to use the publishers name in their publication! Cheers Mike Dymond Managing Director Myriador Ltd. a: Flat 1 The Old School House, 25 River Street, Pewsey, Wiltshire, SN9 5DH, UK m: 07900 042 293 t: 01672 564 254 f: 01672 564 254 - please phone first e: [EMAIL PROTECTED] w: www.myriador.com _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
