Reagan Thomas wrote:
> Nathanael Rebsch wrote:
>   
>> i once took care of sorting out the legal situation of OpenTTD.
>> OpenTTD was reverse engeneered from Transport Tycoon (Deluxe, IIRC). 
>> This work was done in Sweden, where now law prohibited the reverse 
>> engeneering if lisence agreements (e.g. eula) did not take care of such 
>> notices - on this very CD of Transport Tycoon Deluxe, this indeed was 
>> missing.
>>
>> (Assumed) Copyright of TTD used to belong to Micropose - in fact they 
>> only ever had production rights - copyright was still with the 
>> manager-company of chris sawyer (to mee unknown at that time).
>> Micropose was bought by Atari, so i contacted their legal department (a 
>> few times actually) - which is where chris sawyers managers were 
>> mentioned to me. after lengthy talks i called the company in the UK.
>>
>> end result: they were well aware of OpenTTD, they were not happy, they 
>> would like to take the matter to court... BUT a few things just stand in 
>> the way:
>> OpenTTD is released under GPL, there is no money behind OpenTTD, so in 
>> fact there is nothing they could archieve with taking OpenTTD to court.
>>
>> what i want to express:
>> Airlines will most likely be very familiar with Flightgear. They will 
>> very much know that liveries exist, and that these are distributed under 
>> GPL compatible lisences.
>> they probably have larger legal departments and know everything they 
>> need to know about such a project.
>> and there is probably a very good reason why they did not contact 
>> Flightgear before.
>>
>> Generally you can wait until you receive a notice, before needing to 
>> take action - some companies even risk that - and there is usually a lot 
>> more money to be gotten than with Flightgear or other GPL released projects.
>>
>> greets
>> Nathanael Rebsch
>>
>>   
>>
>>     
> Out of curiosity, a few years ago I contacted American Airlines legal 
> dept in charge of trademarks and asked if their livery could be used on 
> aircraft made available for or with FlightGear.  The short answer is, 
> no, they won't permit it.  By US law, trademarks *must* be actively 
> protected by their holders or they become common and unprotected in the 
> eyes of the law.  With that in mind, they really have no choice but to 
> officially refuse permission.
>
> However, reading between the legal weasel-words in their response and 
> having had a glimpse into how the real world operates, you could put 
> their AA logo on a nice, shiny aircraft model available for download and 
> they will most likely turn their heads and look away.  Overlay a vulgar 
> work on top of their logo on your plane and you'll get a C&D letter as 
> soon as they find out about it

I doubt you'd even get a letter, even if they spot it (and they surely 
will).
i guess in many cases they do not like it, however - they will probably 
do nothing about it. and even if you have an aircraft with livery the 
airlines could ask you to stop distributing - 1. damage is done, and 
others may distribute, 2. FG is not responsible for liveries other 
people release under GPL, this only affects the aircraft itself and 
their authors.
i have no idea how FS does it, or XPlane. but as long as no money flows, 
you are on a safe side.

greets
Nathanael Rebsch

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