So Clark:
No intention to flame you - my only intention was to point out that we know
(knew) nothing about you other than that first statement. One request - for
th (unofficial) record - (having reviewed the background of trademark law)
what is your take on the legal ramifications of stating:
"This product works with Dungeons and Dragons.
Trademark used without permission."
Faust
>From: Clark Peterson <[EMAIL PROTECTED]>
>Reply-To: [EMAIL PROTECTED]
>To: [EMAIL PROTECTED]
>Subject: [Open_Gaming] dont ever admit to being a lawyer
>Date: Wed, 2 Aug 2000 23:01:13 -0700 (PDT)
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>Man, I wish I had never said anything about being a
>lawyer. Now its the "Clark is a lame lawyer" flame
>fest.
>
>In the interests of full disclosure so no one thinks I
>am trying to pull the wool over anyone's eyes: I am a
>criminal trial attorney--a prosecutor. I work in the
>specialty sexual assault and child abuse unit (one of
>two specialty units in our office). I have been an
>attorney for almost 7 years. I was an editor on Law
>Review in law school. I have prosecuted people for
>everything from bad checks to first degree murder. I
>am one of the only attorneys in my office (75
>attorneys) to have never lost a felony jury trial. I
>am licensed in both California and Nevada (only took
>the bar once for each--I didnt fail it 27 times). I am
>a member of the Federal Bar in the regions in which I
>practice. I have argued before the California
>Appellate Courts and the Nevada Supreme Court on
>numerous occasions.
>
>But I have never handled an IP case.
>
>I have handled other non-criminal areas in a limited
>way. I wrote and published an article on a
>Constitutional Law issue (dont ask) in the Loyola Law
>Review.
>
>Of course my interest in gaming (particularly once the
>OGL came about) led me to a review of the areas of
>IP/trademark law for two reasons: first, I think the
>concept as a legal matter is novel and interesting.
>Second, since I was starting a business was concerned
>about the legal ramifications of this new device.
>
>I have never pretended to be an expert in the area.
>
>Here is the only reason I chimed in with the "lawyer"
>thing: I saw people were pulling quotes out of context
>from opinions that addressed different issues. I just
>wanted to warn people that it dangerous.
>
>I never intended to imply my opinion is better than
>anyone elses.
>
>It is my experience that gamers possess an above
>average intelligence. I am certain anyone on the list
>with the desire to do so could go to law school and
>pass the bar.
>
>All I wanted to do was say be careful about making
>business decisions based on a lay interpretation of
>the law in this area. It is overlapping and difficult.
>
>I knew I shouldnt have said "I'm a lawyer."
>People--righfully--interpret that as some "I'm better
>than you" statement. Thats not what I was trying for.
>
>Clark "no longer admitting to be a lawyer" Peterson
>
>=====
>http://www.necromancergames.com
>"3rd Edition Rules, 1st Edition Feel"
>
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