On 04/01/2016 04:13 PM, Jean Louis wrote: > In that example: "is a cross-platform plugin-based Nintendo 64 (N64) > emulator" in my opinion, that is very very clear infringement. > > The question is: does it harm the market? Nintendo will say "yes, it > does". Because if somebody uses emulator, Nintendo is loosing sales. If > they are loosing sales, somebody is going to pay for that (GuixSD, FSF, > responsible parties). > > There is "fair use" of trademarks, and you may read it here: > https://en.wikipedia.org/wiki/Fair_use_%28U.S._trademark_law%29 > https://en.wikipedia.org/wiki/Nominative_use > > There could be a solution to totally exclude the trademark, or to use it > in such way to fall into "nominative use", which would require attorney > services to carefuly draft such wordings if at all posible. This second > manner, can be dangerous anyway, because such things are decided in the > court eventually. > > If there is no trademark, there is no danger for free software > distributions. > > In particular, Nintendo has hundreds of trademarks in probably less than > 200 countries. > > NINTENDO 64® is also registered trademark for: electronic game programs; > electronic game software; [electronic game cartridges; video game > cartridges;] video game programs; and video game software, registered in > 2000 in United States, and multiple other countries for > sure. Registration number: 2372472 and belongs to Nintendo of America > Inc. CORPORATION WASHINGTON. > > If one says, here is Nintendo 64 emulator, that clearly infringes their > trademark. > > Of course, one can speak of trademarked items. But in that case it is an > article and not "good or service" in question, like on Wikipedia: > https://en.wikipedia.org/wiki/Nintendo_64 > > The problem is with the delivery of "good and services", such as > software, emulator, and in the same time clearly using words: "Nintendo > 64 Emulator". It shall be solved by attorneys, not by laymen. > > Jean Louis > > I've got it! -
Mupen64Plus: "is a cross-platform plugin-based emulator for a console that /starts with N and ends in the numbers 6 and 4/. It is a popular gaming platform and you are sure to enjoy it!" Note: If we actually end up having to do this I feel sorry for free speech we have lost in our society.
signature.asc
Description: OpenPGP digital signature
