Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-18 Thread Oliver Fels
Curs Olsen wrote: So why aren't we *removing* all our existing uses of the redbull logo ... or at least the ones that I can find in 2 seconds? None of the people who are saying Jack can't submit his helicopter with a redbull livery are saying anything about the 2 aircraft and several

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-18 Thread Oliver Fels
Myself wasn't aware of that we have other models with the RD-logo as well. I'm not sure if Oliver, the starter of this debate is. I pretty much am since Jack pointed me to those *sigh* (never noticed it before) and yes, I did say that we have to care about them to Jack. There is no reason

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-18 Thread Oliver Fels
Gene Buckle wrote: Regardless, nothing relating to open source use of logos on aircraft models in flight simulator. It does not matter whether open source projects, private persons or commercial enterprises. In fact in certain areas (eg. file sharing) private persons are more frequently

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Heiko Schulz
Hi, Technically, all these logos are under trademark:

Re: [Flightgear-devel] IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Oliver Fels
First of all sorry for the reply format, I only have access to the weekly digest currently so response are a bit out of context. Will change this soon. Heiko Schulz wrote: Problem is more the Eurocopter-logo which I should better remove. Last year there was a high court decision in Germany

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Gene Buckle
On Wed, 16 Feb 2011, syd adams wrote: Ok I tried to keep out of it ...;) The issue isn't your work , it's the concern over the Red Bull livery I haven't yet figured out why it's so important to include , there must be many other paint schemes that could be added instead. I did 777

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Gene Buckle
understand: The problem is really only the Red Bull logo, as they are known to make problems. If other sims use this logo, then only because Red Bull didn't discoverd it yet. Mostly all other logos using in this Citation please. g. -- Proud owner of F-15C 80-0007 http://www.f15sim.com -

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Alexander Barrett
Heiko, As I've said before, this simply isn't true! Red Bull are very accommodating, I've spoken to them before about this on a commercial product and they required no licensing agreement at all, simply an email from myself saying that we weren't marketing it as a Red Bull product, simply a

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Oliver Fels
I think the problem is that someone got on their high horse and started jerking him around. If I were him, I'd get just as snotty about it - more so probably as I've got a much lower tolerance for that kind of nonsense. [...] stop. It has no basis in reality. Never has. Frankly I think

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Curtis Olson
For what it's worth, the RedBull logo is currently used in the scene model database to decorate the redbull air race pylons. We also have two aircraft in git that also have RedBull logos. These are just the instances I found in a 2 second search because they had redbull in the file name. There

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Gene Buckle
On Thu, 17 Feb 2011, Oliver Fels wrote: I think the problem is that someone got on their high horse and started jerking him around. If I were him, I'd get just as snotty about it - more so probably as I've got a much lower tolerance for that kind of nonsense. [...] stop. It has no basis

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Reagan Thomas
On 2/17/2011 10:15 AM, Curtis Olson wrote: For what it's worth, the RedBull logo is currently used in the scene model database to decorate the redbull air race pylons. We also have two aircraft in git that also have RedBull logos. These are just the instances I found in a 2 second search

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread J. Holden
You are all being ridiculous except for Curt. We have the ability to sell the product and could theoretically get sued even though we are open-source. As I have said, the best thing to do is put in a legal disclaimer saying we are not affiliated with any companies which may be represented in

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Curtis Olson
Here's the flip side of the argument. If we are pristine and use no trademarks, then we have to go through and remove half our simulator content. That's a scorched earth policy. No one wants to do that. So the same people drawing the line in the sand on the redbull logo start waffling on every

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Oliver Fels
I'm sorry if reality offends your delicate sensibilities. May I remind you of this quote here: They're just a bunch of bloviating windbags with nothing better to do but run in circles, If that is your style it does not deserve more comments. You can´t just walk through your neighbors

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Arnt Karlsen
On Thu, 17 Feb 2011 08:43:19 -0800 (PST), J. wrote in message 234538.53500...@web33103.mail.mud.yahoo.com: You are all being ridiculous except for Curt. We have the ability to sell the product and could theoretically get sued even though we are open-source. As I have said, the best thing

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Frederic Bouvier
IMO, our use of trademarked material is just fair use (google 'copyright fair use' if you like) and it's something we shouldn't worry about. -Fred -- Frédéric Bouvier http://www.youtube.com/user/fgfred64 Videos

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Reagan Thomas
On 2/17/2011 11:25 AM, Frederic Bouvier wrote: IMO, our use of trademarked material is just fair use (google 'copyright fair use' if you like) and it's something we shouldn't worry about. -Fred Close, but google trademark fair use instead.

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Gene Lege
As I am sure many other people will point out, fair use is a specific provision of copyright law - it has absolutely nothing to do with trademark law. gl On Thu, Feb 17, 2011 at 11:25 AM, Frederic Bouvier fredfgf...@free.frwrote: IMO, our use of trademarked material is just fair use (google

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread HB-GRAL
Am 17.02.11 18:30, schrieb Gene Lege: As I am sure many other people will point out, fair use is a specific provision of copyright law - it has absolutely nothing to do with trademark law. It looks like Red Bull has licenses to use their trademark for Apps and Games. An example for this is

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread J. Holden
Fair use is also a defense for trademarks. The problem is these are defenses - they will only work if we are defendants in a lawsuit, and we don't want to litigate. We should take a path which maximizes our resources while minimizes our potential to get sued, or at least have a lot of data

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Heiko Schulz
Hi, understand: The problem is really only the Red Bull logo, as they are known to make problems. If other sims use this logo, then only because Red Bull didn't discoverd it yet. Mostly all other logos using in this Citation please. Easy: Google Red Bull Trademark and you will

Re: [Flightgear-devel] IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Heiko Schulz
Hi, Last year there was a high court decision in Germany regarding the trademarked logos of Opel (spark) and Mercedes (the well known star). The court stated that a replica of an item can include trademarked logos if they integrally belong to the original item. This means that a Opel car

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Gene Buckle
On Thu, 17 Feb 2011, Heiko Schulz wrote: Hi, understand: The problem is really only the Red Bull logo, as they are known to make problems. If other sims use this logo, then only because Red Bull didn't discoverd it yet. Mostly all other logos using in this Citation please. Easy:

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Arnt Karlsen
On Thu, 17 Feb 2011 18:00:37 +0100, Oliver wrote in message 20110217170037.16...@gmx.net: I'd LOVE RedBull to chase after FPS! The following would happen: RB says hey they are selling our logo in that FPS thing and address FPS. FPS will tell them something about GPL and point directly to

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Heiko Schulz
Like Curt mentioned earlier, you'd better apply the same standard across the board or don't bother.  I think your best bet is to create your own little private sanitized aircraft collection so you don't have to be horrified by the rest of us scoff-laws. After you're done taking

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Curtis Olson
On Thu, Feb 17, 2011 at 3:21 PM, Heiko Schulz aeitsch...@yahoo.de wrote: To be honest: Yes, according to international laws a lot of the content is indeed an infringement. It depends on each company how they react. Most companies won't say anything, but in the past there have been some.

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Heiko Schulz
Hi, This smells strongly of a case where we like our policy better when it's applied to others and not ourselves.  I'm not saying there isn't some logical explanation that I'm totally missing, I'm just saying what it smells like to me. Myself wasn't aware of that we have other models with

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Arnt Karlsen
On Thu, 17 Feb 2011 19:06:00 +0100, HB-GRAL wrote in message 4d5d6388.1040...@sablonier.ch: Am 17.02.11 18:30, schrieb Gene Lege: As I am sure many other people will point out, fair use is a specific provision of copyright law - it has absolutely nothing to do with trademark law. It

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Stuart Buchanan
Curt wrote: So why aren't we *removing* all our existing uses of the redbull logo ... or at least the ones that I can find in 2 seconds? None of the people who are saying Jack can't submit his helicopter with a redbull livery are saying anything about the 2 aircraft and several scenery

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Vivian Meazza
Stuart Buchanan Snip ... However given that there us such disagreement on this subject I'm not going to unilaterally remove them. I should think not! Vivian -- The ultimate all-in-one performance toolkit:

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Duane Andre
17, 2011 5:29 PM To: FlightGear developers discussions Cc: FlightGear developers discussions Subject: Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request Curt wrote: So why aren't we *removing* all our existing uses of the redbull logo ... or at least the ones that I can

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Peter Brown
This is getting ludicrous. I guess there won't be complaints about The Forum anymore. Move on, before you kill FG by removing all content that encourages someone to use it. There are other discussions more worthy of your expertise. Beating this one over and over again

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-17 Thread Chris Wilkinson
To: FlightGear developers discussions flightgear-devel@lists.sourceforge.net Sent: Fri, 18 February, 2011 10:07:10 AM Subject: Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request Although Flight Gear is a 'not for profit', there are at least a couple of 'businesses

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread Peter Morgan
PodaVhone issue: http://code.google.com/p/flightgear-bugs/issues/detail?id=56can=1q=vodaphone Tips: #1 don't mention the brand name as you are are aware of it and thus intentional.. (or patents) Sorry, but I have worked in this area and they are out to kill as interest is held... Flightgear

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread Reagan Thomas
On 2/15/2011 8:27 PM, Arnt Karlsen wrote: On Tue, 15 Feb 2011 16:50:36 -0800, Jack wrote in message 72e5b800-d213-466d-bf46-c3d33d4ae...@gmail.com: Hi, The Red Bull livery has been removed from this release. Download: http://jackmermod.bplaced.net/Files/cobra21511.zip I find it

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread Curtis Olson
I hate to wade into mud wrestling matches. But for every one who is on their high horse about being pristine in our non-use of any possible trademarked items ... have you browsed through our aircraft? We have liveries from just about every airline imaginable, past and present. What I don't like

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread Duane Andre
To: flightgear-devel@lists.sourceforge.net Subject: Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request On 2/15/2011 8:27 PM, Arnt Karlsen wrote: On Tue, 15 Feb 2011 16:50:36 -0800, Jack wrote in message 72e5b800-d213-466d-bf46-c3d33d4ae...@gmail.com: Hi, The Red Bull

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread Stuart Buchanan
Hi Curt, At the risk of being a case of if the hat fits On Wed, Feb 16, 2011 at 3:36 PM, Curtis Olson wrote: I hate to wade into mud wrestling matches.  But for every one who is on their high horse about being pristine in our non-use of any possible trademarked items ... have you browsed

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread Vivian Meazza
Stuart Buchanan Hi Curt, At the risk of being a case of if the hat fits On Wed, Feb 16, 2011 at 3:36 PM, Curtis Olson wrote: I hate to wade into mud wrestling matches.  But for every one who is on their high horse about being pristine in our non-use of any possible trademarked

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread Heiko Schulz
Hi, Curt has it right. Get real guys. No one is going to sue a non-existent organization with no assets. The worst they will do is tell us to desist. Which we will do of course. If you want to remove or alter almost every livery in our inventory, fork the data in git and go right

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread Arnt Karlsen
On Wed, 16 Feb 2011 20:05:41 + (GMT), Heiko wrote in message 59953.21793...@web29501.mail.ird.yahoo.com: Hi, Curt has it right. Get real guys. No one is going to sue a non-existent organization with no assets. The worst they will do is tell us to desist. Which we will do of

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread J. Holden
Hey everyone, Based on my (brief) reading of some United States statutes, I would suggest we can continue using these trademarks until asked not to do so. I don't think this will bring forth a lawsuit, most likely a cease and desist action which is easily complied with, if it is on trademark

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread Alexander Barrett
To throw something into the mix here: I've actually got experience of dealing with RedBull regarding the use of their logos and IP in Flight Simulation. Several years ago I contacted them for an old Payware project and they were most supportive, provided an email stating that as long as

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread Heiko Schulz
Hi, To throw something into the mix here: I've actually got experience of dealing with RedBull regarding the use of their logos and IP in Flight Simulation.  Several years ago I contacted them for an old Payware project and they were most supportive, provided an email stating that as long as

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread Jack Mermod
Hi, Technically, all these logos are under trademark: http://mapserver.flightgear.org/git/?p=fgdata;a=blob;f=Aircraft/737-100/Models/Liveries/731CA.png;h=43cfc5a15abb392519e1f95d34951d410d3c3c80;hb=HEAD

Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-16 Thread Michael Sgier
i doubt...have a look at FSX. Even commercial products alike xtraffic etc use such liveries. --- On Thu, 2/17/11, Jack Mermod jackmer...@gmail.com wrote: From: Jack Mermod jackmer...@gmail.com Subject: Re: [Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request To: Devel List

[Flightgear-devel] ..IP and litigation risks, was: AH-1 Merge Request

2011-02-15 Thread Arnt Karlsen
On Tue, 15 Feb 2011 16:50:36 -0800, Jack wrote in message 72e5b800-d213-466d-bf46-c3d33d4ae...@gmail.com: Hi, The Red Bull livery has been removed from this release. Download: http://jackmermod.bplaced.net/Files/cobra21511.zip I find it ridiculous and a bit immature how Oliver