Ok..this is completely off topic..but you mentioned funky bombs and napalm and it brought back memories of Scorched Earth. God I had a lot of fun playing that game. Ok...nostalgia's over:)
From the research I've done, I believe trademarks and servicemarks are essentially the same thing. They just apply to different aspects. If you sell an actual _product_, your company can register for a trademark. If you are providing a _service_, you are eligable for a servicemark.
Incidentally, trade/servicemarks also have a scope. If you have a local business, you are assumed to have a local trademark on it's name. If someone else, in another state has a business with the same name, they can legally trademark it also. If your business subsequently begins selling accross state lines, and then expands and expands, you can now possess a national trademark. There comes a time when your business will move into the scope of the other business who also holds a trademark on the business name. In this case, whoever held the trademark longest usually gets to use it in that scope. So if your business moved into that town, and his local trademark had been in existance longer than your national trademark, then you would be out of luck and have to use a different name in that town.
At least, that's the way it is for Band Names, which is where all of my research was focused. But the gist of the law seemed to apply to everything.
As for the "combo-marks", not sure what those are. I think it's just a new service/trademark, incorporating another service/trademark that the combo-mark owner has liscensed.
My point exactly! I don't understand how any judge could look at the obvious truths here and still side with the MPAA. Unfortunately, worse injustices have been done.
Correct me if I'm wrong, but can't you still make a bit-for-bit copy of a DVD with encryption in place?? The decryption software isn't promoting piracy, in that if you decrypt it, you still need a player to watch it. And current players assume encryption is in place anyways. If you own an authorized player with a valid decryption key, and you make a bit-for-bit copy, you would still be able to watch the copy. The only thing the cracking of the decryption key allows is "pirated" player programs. Which was the intent all along: DVD-players for Linux. I really hope someone makes a coherant argument in this vein in the courtroom. Rationality isn't always known to prevail, but it does break through every once in a while.
Correct me if I'm wrong, but can't you still make a bit-for-bit copy of a DVD with encryption in place?? The decryption software isn't promoting piracy, in that if you decrypt it, you still need a player to watch it. And current players assume encryption is in place anyways. If you own an authorized player with a valid decryption key, and you make a bit-for-bit copy, you would still be able to watch the copy. The only thing the cracking of the decryption key allows is "pirated" player programs.
Which was the intent all along: DVD-players for Linux. I really hope someone makes a coherant argument in this vein in the courtroom. Rationality isn't always known to prevail, but it does break through every once in a while.
I don't own a TV. And as such, all I buy are DVD's, because I can watch them on my computer. My computer doubles as my entertainment center. My roommate also watches his DVD's on his computer. I'm sure I'm not alone.
Here's my theory on how NASA can make a fortune for the space program and create a renewed interest in it. Start a fund raiser. Sounds kinda stupid right? But think about it. How many people out there (geeks, sci-fi fans, average joe's) do you think would be willing to spend $5 for the space program? NASA sets up a web site or something and for a $5 donation you get a pin or a little certificate that says you funded some space mission. (Hell! I would give w/out the prize, but it's cheap and it can't hurt to offer incentive.) So let's see...the population of the United States is roughly 270 million. So if only %1 of the population donated, that would be $13.5 million dollars. Doesn't seem like that much, but with todays trend towards low cost missions, that's quite a big boost for one mission. And besides...I personally would be willing to donate a much larger sum if something like this were to be available. ($500 bux doesn't seem unreasonable...how many of you would give $10, $50, $100?). And who wouldn't donate again next year? That's a decent budget boost each year and an increased focus on space exploration. In conclusion, I think ANY means of renewing interest in space and getting more money into it is worth it, because it IS the new frontier and I firmly believe that we've not taken enough steps to explore it. Anyway...that's my 2 cents.
Personally I think WotC did an excellent job w/ TSR. Since taking over, the game line for AD&D has been given a decent overhaul and they've done such great things as getting R.A. Salvatorre to come back and write another Drizzt novel. I hope Hasbro gives the current WotC hierarchy free reign in the area of it's RPG's.
Ok..this is completely off topic..but you mentioned funky bombs and napalm and it brought back memories of Scorched Earth. God I had a lot of fun playing that game. Ok...nostalgia's over :)
Incidentally, trade/servicemarks also have a scope. If you have a local business, you are assumed to have a local trademark on it's name. If someone else, in another state has a business with the same name, they can legally trademark it also. If your business subsequently begins selling accross state lines, and then expands and expands, you can now possess a national trademark. There comes a time when your business will move into the scope of the other business who also holds a trademark on the business name. In this case, whoever held the trademark longest usually gets to use it in that scope. So if your business moved into that town, and his local trademark had been in existance longer than your national trademark, then you would be out of luck and have to use a different name in that town.
At least, that's the way it is for Band Names, which is where all of my research was focused. But the gist of the law seemed to apply to everything.
As for the "combo-marks", not sure what those are. I think it's just a new service/trademark, incorporating another service/trademark that the combo-mark owner has liscensed.
Hope that answers your questions!
FreeJacker
My point exactly! I don't understand how any judge could look at the obvious truths here and still side with the MPAA. Unfortunately, worse injustices have been done.
Sorry 'bout the double post. Hit stop in the middle of a submit. :(
Correct me if I'm wrong, but can't you still make a bit-for-bit copy of a DVD with encryption in place?? The decryption software isn't promoting piracy, in that if you decrypt it, you still need a player to watch it. And current players assume encryption is in place anyways. If you own an authorized player with a valid decryption key, and you make a bit-for-bit copy, you would still be able to watch the copy. The only thing the cracking of the decryption key allows is "pirated" player programs. Which was the intent all along: DVD-players for Linux. I really hope someone makes a coherant argument in this vein in the courtroom. Rationality isn't always known to prevail, but it does break through every once in a while.
Correct me if I'm wrong, but can't you still make a bit-for-bit copy of a DVD with encryption in place?? The decryption software isn't promoting piracy, in that if you decrypt it, you still need a player to watch it. And current players assume encryption is in place anyways. If you own an authorized player with a valid decryption key, and you make a bit-for-bit copy, you would still be able to watch the copy. The only thing the cracking of the decryption key allows is "pirated" player programs.
Which was the intent all along: DVD-players for Linux. I really hope someone makes a coherant argument in this vein in the courtroom. Rationality isn't always known to prevail, but it does break through every once in a while.
I don't own a TV. And as such, all I buy are DVD's, because I can watch them on my computer. My computer doubles as my entertainment center. My roommate also watches his DVD's on his computer. I'm sure I'm not alone.
Here's my theory on how NASA can make a fortune for the space program and create a renewed interest in it. Start a fund raiser. Sounds kinda stupid right? But think about it. How many people out there (geeks, sci-fi fans, average joe's) do you think would be willing to spend $5 for the space program? NASA sets up a web site or something and for a $5 donation you get a pin or a little certificate that says you funded some space mission. (Hell! I would give w/out the prize, but it's cheap and it can't hurt to offer incentive.) So let's see...the population of the United States is roughly 270 million. So if only %1 of the population donated, that would be $13.5 million dollars. Doesn't seem like that much, but with todays trend towards low cost missions, that's quite a big boost for one mission. And besides...I personally would be willing to donate a much larger sum if something like this were to be available. ($500 bux doesn't seem unreasonable...how many of you would give $10, $50, $100?). And who wouldn't donate again next year? That's a decent budget boost each year and an increased focus on space exploration. In conclusion, I think ANY means of renewing interest in space and getting more money into it is worth it, because it IS the new frontier and I firmly believe that we've not taken enough steps to explore it. Anyway...that's my 2 cents.
Personally I think WotC did an excellent job w/ TSR. Since taking over, the game line for AD&D has been given a decent overhaul and they've done such great things as getting R.A. Salvatorre to come back and write another Drizzt novel. I hope Hasbro gives the current WotC hierarchy free reign in the area of it's RPG's.