Hi Bryan,

That's always possible, but I can think of cases were big name
companies and publishers have went to court and lost. For example, one
of the websites that hosts fan fiction stories was sued over it, and
the publisher that filed the suit lost. The reason had to do with the
fair use claus in the copyright law that says you can use a copyright
or trademark for education, if it is free, or advertises a certain
product or service, etc. A good lawyer, that represented the fan
fiction website, managed to convince the judge that fan fiction
represented a clear case of ffreedom of speech and that it was all
according to the fair use claus in the copyright law.  Which goes to
show just because someone is a copyright holder of a certain product,
service, or trademark doesn't mean they are all powerful.

Another case in point is Civilization. Now, I think we all remember
that game was massively huge in the mid 1990's. Not suprisingly
someone came out with Freeciv, an open source clone, and the author
has never legally been attacked over it. Big reason is the author
released it as as educational, released it as free, and made it
totally open source. Activision, who currently holds the copyrights
for Civilization, don't legally have grounds to sue because Freeciv is
protected by the fair use copyright laws.

My point being if a person such as myself created a Star Wars game,
released it as fan fiction, made it open source, etc it really weakens
their case because I don't stand to proffit from my work. More over I
could legally say I created this project as an educational example of
how Lucas Arts could make one of their own games accessible etc.  They
could trty and swing the judge their way, but the onis is on them to
prove how my freeware, open source, game has hurt the company. That
certainly can't say they lost millions of sales tdo to it because
sighted players wouldn't be interested in an audio only game, and they
themselves haven't attempted to target the VI market so who are they
kidding?

On 11/30/10, Bryan Peterson <bpeterson2...@cableone.net> wrote:
> You could theoretically but suing someone is expensive. It's often not
> worthwhile since even if you did get some financial award on your
> counterclaim it might be less than the court costs. It would probably be
> financial suicide to try to sue or countersue a big name company like
> Nintendo or Sony, even if you had legal grounds to do so. They probably have
> hundreds of top notch lawyers who would beat the bushes to make sure the
> judge and jury saw their side and only their side of the argument.
> We are the Knights who saaaaay...Ni!

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