Yeah you're totally right about that, but if your business plan relies on cashing in on the brand recognition of someone else's mark I'd say you should reevaluate your business plan. >_>
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biz plans that cash in on other people's reputations are entirely legit! Look at all the big consulting companies that leverage the fact that they know Linux! Or cross-branding (firms that license NFL IP to make jerseys). It works...IF THEY ARE ALLOWED. Party #2 was allowed
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The distinctions are obvious but by and large, you're right, if you do it *right* it's not the worst idea. :)
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Often there are benefits that flow in both direction above and beyond the cash flow (if any). E.g. IBM gets to brag that it knows Linux, and the linux foundation gets extra marketing from IBM. This video game deal COULD have been like that ... but wasn't. Or ... maybe wasn't?
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Replying to @MorlockP @legalinspire and
From my non-lawyer perspective, the core issue is that the first party had some sort of non-analytical view on what's "fair", and it evolved over time. The problem is that he gave promises to party 2, and with those promises the deal was done.
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Replying to @MorlockP @legalinspire and
One reason we have law and contracts is that it lets one remove potential headaches and create certainty about the future. Tangentially, I've noticed that there is a continuum of human personality types, from "interaction is a BENEFIT" to "...is a DETRIMENT". I've seen >>>
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Replying to @MorlockP @legalinspire and
this divide play out in topics as odd as maker-spaces / hacker-spaces. Introverts love owning their own tools bc there are never any future debates about access, fairness, etc. Extroverts / left libertarians love sharing not despite but BECAUSE of the future debates. >>>
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Replying to @MorlockP @legalinspire and
"we need to have a three hour meeting to discuss what a fair way to share the metal lathe is, and come up with some rules, and reach consensus" is actually a BENEFIT to some people, not a reason to commit suicide This vid game designer (#1) is prob of this type. >>>
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Replying to @MorlockP @legalinspire and
"sharing without copyright is WONDERFUL because we get to haggle over the details and renegotiate things FOREVER" me: <racks shotgun, aims at own head> /exeunt
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I can't like a suicide joke (even though I know it was a joke and I'm not offended) but yeah, I think this is not a bad way to see the issue as far as what different people think will happen if they just Go Their Own Way, legalwise.
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Law has a ton in common with software, and people who try to do Pol Pot style "year zero" starting-over campaigns in either field are usually deeply unwise
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