Hi >> Um, at least in the US, burden of proof rests with the plaintiff, not the >> defendant. You can drag me to court, but if your argument is, "prove you >> didn't," I'll just lean back, kick up my feet, and say, "prove I did. >> Burden of proof is yours, not mine... you filed the case, I didn't. That >> means you have to do the work, not me." Pretty much the only way you'll >> be >> able to provide substantial evidence that my work infringes is if I have a >> >> copy of your work in my home... or, in the case of a PDF product, if you >> have a receipt of sale traceable to one of my credit cards or e-mail >> addresses. Absent my having a copy of your book in my home, I CAN'T >> infringe.
I cannot see that this can be the case in copyright and trademark disputes. This would make it impossible to ever convict anyone. May be this is a difference in US law and UK law but I do not think that that is the case. I need to know that I have the legal weapons available to me to prevent someone from copying my PI on purpose! If what you say is true then someone can go into a games shop (or at a games convention) read through my book, remember all the PI (which I have handily giving him in on list) and then go home and use it in his own work (why he would do that I do not know, but it is a situation that I need to protect myself against, especially when I am dealing with very well known licences!). I also need to know that I can prevent my IP from becoming watered down and hence less valuable. Cheers Mike Dymond Managing Director Myriador Ltd. a: Flat 1 The Old School House, 25 River Street, Pewsey, Wiltshire, SN9 5DH, UK m: 07900 042 293 t: 01672 564 254 f: 01672 564 254 - please phone first e: [EMAIL PROTECTED] w: www.myriador.com _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
