> Clark Peterson
>
> If you actually are going to release products and are actually
> thinking about the real world ramifications about this then the
> issue is not simply who wins in the end (it may be that you
> prevail in the suit mentioned above) it is about not getting sued
> in the first place. This clause promotes the "safe harbor" concept.

To do that, it must reduce the legal ramifications of writing a publication.
"Safe Harbor" is a great idea, but by requiring permission to use ANY
trademark does just the opposite.  The publication becomes less a creative
endeavor and more an act of writing around land mines.  Pick up any Judges
Guild product and I bet you'll find dozens of trademark violations under
this clause (but not of the law).  They could never have even gone into
business under this clause.

-Brad

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