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General Discussion / Re: Is Copyright Infringement Theft?
« on: January 01, 2012, 05:24:41 pm »Regarding companies like Disney, wouldn't Mickey Mouse (at least, the character itself, in name and design) still fall under trademark law? I'm not sure how relevant that is here.Yes.
Trademarks are... problematic in a few ways. They have to be defended in every case otherwise they are considered abandoned. If some kid violates your copyright you have the choice of ignoring them. If the same kid violates your trademark and you let them get away with it, anyone else who chooses to use that trademark later can use your leniency as evidence you abandoned the mark and they can legally use it all they like.
The line where a trademark is genericized (eg, becomes a generic term rather than protected mark) is pretty vague. That tends to mean that particularly popular trademarks need to be especially aggressively defended and re-enforced. And that leads to often insane stuff like the recent Bethesda lawsuit over the use of 'Scrolls' in a game title.
I'm entirely sympathetic to the idea of protected trademarks, and have no idea how you would reform the system to make more sense, but it is fun how absurd all forms of IP can get right now.
