On Thu, 10 Aug 2000, Kevin J. Brennan wrote:
> First, Alec isn't "putting clauses" in the OGL. WotC is.
Yes, I was exaggerating. I also have some delusions
that discussions on this list might influence WotC.
> Second, how can this clause possibly affect the chance people have to show
> that a trademark is public domain?
Trademark holders have to assert their claims and fire off
official notices soon after they are aware of anyone using
their trademark. They cannot sit on the knowledge for
years until they are ready to take you to trial. At least,
that's my laymen's understanding of Laches.
The new clause reduces the cost and proof of burden for
trademark holders. Trademark holders can act more swiftly
to file a lawsuit after these official notices. Without
the new clause, they would have to take into consideration
increased cost/length of the litigation and prepare for a
much more involved trial before actually filing a suit.
Without the new clause, people would have more time to
investigate the trademark after these official notices.
I apologize for not having addressed some questions in
your earlier postings. But my energy was all tied up
arguing on good faith with people who use ad hominen
arguments and will not give a straightforward answer to a
straightforward question like:
"Do you think it is right to arbitrarily strengthen the
trademark owners side in every case?"
Regards,
--Kal
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