Gene Buckle wrote: > Regardless, nothing relating to open source use of logos on aircraft > models in flight simulator.
It does not matter whether open source projects, private persons or commercial enterprises. In fact in certain areas (eg. file sharing) private persons are more frequently approached just because it is more beneficial for lawyers. Putting a trademarked icon on an ebay sell? On a private web site? Good luck. Various chambers have built their own business model around copyright and trademark enforcement by actively seeking for infringements. If you think RB will not approach us, you might be right. However such a lawyers chamber might realize the infringement in FlightGear and approach Red Bull to act as a representative for them. Such requests are often granted as this is a win-win situation: The lawyer gets all penalties and fees and RB has its TM enforced. Next step: Finding out where the content is hosted and distributed from. Which is the FlightGear web site and the scenery database. Get the owners of the sites. Calculate the penalty fee- the higher the better for the lawyer, therefore in the worst case it is calculated based on the number of downloads. If unknown it is estimated. Send out the letter which is preformulated. Effort: At max 1 day. Return on invest ensured. Would you say a chamber would just say "Oh no, poor open source guys, I suspend my business model" in a country in which mothers are sued to pay 3 mio. US$ just because they have shared half a dozen music titles? > Note that I actually found a picture of a real AH-1 Cobra > (http://www.airplane-pictures.net/image49158.html) in Red Bull livery - > this tells me that if Jack's AH-1 uses this same livery, there is > likely no infringement at all. The AH1 is a picture of a AH1 which either belongs to RBs fleet or for which someone has paid licenses to have it. Photographing the real thing, especially if publically presented, is not an issue. If one rebuild this livery (reproduction) and distributes it is a clear violation of trademarks as you make a copy. In fact distributing the logo is the by far more problematic issue from a legal point of view. > Awesome. Presented in a country in which I don't reside _and_ in a > language I don't read or speak. Red Bull has subsidiaries in the US and trademark law is enforced on a global scale. This has nothing to do with language or country borders. > Note that while hard to see from your high horse, you might want to look I am no longer surprised that various discussions end up becoming pretty personal sooner or later. It is propably peoples nature or education how to show respectful or disrespectful behavior towards people and trademarks. Oliver ------------------------------------------------------------------------------ The ultimate all-in-one performance toolkit: Intel(R) Parallel Studio XE: Pinpoint memory and threading errors before they happen. Find and fix more than 250 security defects in the development cycle. Locate bottlenecks in serial and parallel code that limit performance. http://p.sf.net/sfu/intel-dev2devfeb _______________________________________________ Flightgear-devel mailing list Flightgear-devel@lists.sourceforge.net https://lists.sourceforge.net/lists/listinfo/flightgear-devel
