[EMAIL PROTECTED] wrote:
I make a "book" which is actually a set of three-hole punched, loose leaf pages shrink wrapped together that I declare to be a single work. I use an OGC textual declaration rather than fonts or boxes. You put it in a binder but you accidentally leave out (or choose to leave out) the OGC declaration page. You are at the gaming table. Try though you might you can no longer figure out what the OGC is any more.I think the judgement would hinge on the distributions you made to your end-users, not what they may or may not do with it.
Is that because I failed to live up to the license? Or because you have lost the page with the OGC declaration?
In any case, you are now in the same situation as not having the CD-ROM in front of you in a very similar way.
If you had a book, and included in the book a CD that had PDFs of the book's pages (or some other line-for-line replacement of the art and text and layout) and you used added graphical elements to denote what was and was not OGC--I'd buy the darn book just on principle, and you _might_ pass the muster for legality et al. All hinges on if you can count the CD as a place to clearly identify sometihng. (i.e., if you moved the copyright and trademark ownership declarations from the inside to a CD, and just left a pointer to the CD, would that be the same or equivalent thing as placing them on the page in the first place?)
In any case... "time to talk to a lawyer who knows contract and copyright law."
DM
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