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Re: [GNU-linux-libre] Usage of NINTENDO, MAME and other trademarks


From: Riley Baird
Subject: Re: [GNU-linux-libre] Usage of NINTENDO, MAME and other trademarks
Date: Sat, 2 Apr 2016 22:29:03 +1100

> The way to go is not to "assess the threats". But rather to asses the
> own usage of trademarks, to avoid future threats.

Anyone can be sued for any reason. See:
https://en.wikipedia.org/wiki/Pearson_v._Chung

Assessing threats is sensible. You can't eliminate them all, no matter
how hard you try, and when the possibility of being sued is remote, you
can treat it as negligible. Would you have recommended that the Chungs
refrain from putting up the "Satisfaction Guaranteed" sign?

I make no comment about whether this particular threat is credible; I
haven't been closely following the thread. For all I know, Nintendo
might have a legitimate claim. I'm just warning against an overly
conservative/paranoid outlook.

> And overall, responsible parties for distribution shall be still
> consider the global impact. As trademark law in one country is not same
> like in other country. Judges may react totally different within one
> court, and unspoken of different countries.

Encryption is illegal in some countries. Maybe the FSF should refuse to
distribute cryptographic software, for the benefit of people in those
countries.

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