Arnoud Engelfriet <[EMAIL PROTECTED]> writes: > Francesco Poli wrote: > > What I am proposing is just licensing under both laws, but with two > > separate grants of permissions: a copyright license (Expat) and a > > trademark license (the one we are trying to write). > > I understand that. It's certainly possible. But what happens if > someone stays within the bounds of the copyright license, and > strays outside the bounds of the trademark license? Which one wins?
As a copyright holder *and* trademark holder, you have certain rights exclusively reserved in the work. You can sue for breach of those rights under either law, since (despite the obfuscatory tactics of the "Intellectual Property" cabal) the laws are entirely separate and work from different premises. If an act would be forbidden to a recipient under both copyright and trademark law, then the recipient only has license to do it if you grant them copyright *and* trademark license to do it. If you grant a reserved right in a copyright license but not a trademark license, you've granted incompatible licenses to the work and the right is still reserved to you. If an act would be reserved only under one law, then you need only grant permission to it in the corresponding license, since it's not forbidden to the recipient otherwise. AFAICT, the tricky part is figuring out exactly *what* acts we want to grant permission to do, and how they are affected by copyright law and trademark law, so that we can grant the appropriate permissions in each corresponding license. IMHO, we merely need a copyright license that grants the reserved-by-default-under-copyright-law permissions we want to grant, and do the same separately for trademark; the combination fo the two will be to grant all the permissions we want to grant. HTH, IANAL. -- \ "When I get new information, I change my position. What, sir, | `\ do you do with new information?" -- John Maynard Keynes | _o__) | Ben Finney -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
