Mike Dymond wrote:
"I should correct my earlier comment, I think clauses 6 and 11 are not
compatible. The inclusion of my copyright notice is clear use of my name to
market a product. The scale of this promotion is not an issue (it won't be
to a court) simply whether there is any possibility of a consumer being
confused."

My lawyer disagrees.  I doubt a consumer would be confused and any court
having read the full document and seen samples of the ogl with extensive
copyright listing in Section 15 would probably not be either.  Having been
spoon fed each article of the contract by my lawyer (what each line means
legally...but in English any idiot can understand...like myself) I do not
see why anyone is even wasting time and bandwidth discussing these silly
what-ifs.

"In what way? You might consider it to be two different markets, i.e. the
good publishers and the bad publishers (if I read you correctly). But to the
buying public we will all be lumped in together. The retailers will not
care, they will stock whatever sells."

Considering how difficult it is for a newcomer to actually get distributed,
a retailer stocking good sellers is not an issue.  The retailer actually has
to be able to order the book which in many cases is not happening (as many
can attest to).  Either way, front page or back page, the consumer is
looking at the cover, the art, the game system it is compatible for, and the
overall branding.  They are NOT looking turning to Section 15 and deciding
whether they should buy the product or not.  Sure, there might be a very few
exceptions to the rules, but chances are they are on this list and do not
matter at all when it comes to deciding marketing to a general consumer
group.  It will NOT sell you an extra thousand copies...

Ultimately, this is all a non-issue.  Play by the rules, understand the
rules, and make books.

Have a good weekend folks!

Richard Stewart
Durandal Studios
[EMAIL PROTECTED]
www.durandalstudios.com


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