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CONLANG  December 2012, Week 1

CONLANG December 2012, Week 1

Subject:

Re: Conlang & IP law

From:

Sai <[log in to unmask]>

Reply-To:

Constructed Languages List <[log in to unmask]>

Date:

Tue, 4 Dec 2012 14:27:54 -0800

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (80 lines)

On Tue, Dec 4, 2012 at 8:06 AM, Allison Swenson <[log in to unmask]> wrote:
> Are there any
> articles of this type on any of the big conlang-related websites? If not,
> there certainly should be!

I don't know of any.

See however these past threads:
http://listserv.brown.edu/archives/cgi-bin/wa?A2=ind1206A&L=conlang&P=R368
http://listserv.brown.edu/archives/cgi-bin/wa?A2=ind1006A&L=conlang&P=252
http://listserv.brown.edu/archives/cgi-bin/wa?A2=ind0906A&L=conlang&P=R2173
http://listserv.brown.edu/archives/cgi-bin/wa?A2=ind0909D&L=conlang&P=172
http://listserv.brown.edu/archives/cgi-bin/wa?A2=ind0907A&L=conlang&P=R19241

> Also, you mentioned some conlang-related patents. Is this what was
> patented, grammar or derivation rules or something similar to that? I've
> never heard of these patents before.

See the last couple links above, which have discussion of the patents
& links to full text.

>> (Personally, I bet "no". I would argue that vocabulary, once created,
>> is an externally true fact about the world; the language simply
>> *exists* at that point, and anyone gets to describe or use it if t hey
>> want.
>>
> This is where you started to lose me. After all, made-up words aren't
> natural, one person (or a group) simply made them up. So do they really
> count as "externally true"?

Doesn't matter if it's natural or not. The Korean writing system was
also just made up, so was a lot of modern Hebrew, etc.

> Unless, of course, they trademarked every word--after all, even companies
> who trademark their slogans have to officially register them or they can be
> used by anyone, right?

Wrong. Registration is not required; it only creates a presumption
that a violation was knowing (because you could've looked it up).

What's required is that it be continuously used commercially, and that
you actively tell people who use it wrongly to stop. Otherwise it can
get genericized, like kleenex & xerox (both no longer ™).

> An interesting topic, however. Have there actually been any court cases on
> the subject before?

For conlanging per se, none that actually went to court. Lojban/Loglan
was sued over, but they settled out of court, so it never got tested.

I don't know about fanfic, though. I would imagine the same is true —
fanfic writers don't really have the resources to fight back legally.



On Tue, Dec 4, 2012 at 8:58 AM, David McCann <[log in to unmask]> wrote:
>> Trademark ... gives a monopoly on branding
>
> I suspect (in this case I'm not positive) that this is American. In
> Britain (and presumably the rest of the EU), a trademark protects
> goods or services from "passing off" by others. Klingon is not a
> product. Moreover, the same name can be used for different products:
> Apple Records and Apple Computers only came to legal blows when the
> latter started marketing music.

This is why I included trade *dress*. See e.g. Wizards of the Coast's
D20 System / D&D for a good example of this. You can't call something
in your own published setting a "tiefling rogue" — no more than they
could call their "halflings" "hobbits", because that'd tread on the
Tolkien estate's trade dress rights.

A trade *mark* (logo, jingle, word, or the like) is only one component
of trade dress. There are nuances I omitted, since I'm not presuming
an audience that's super savvy about IP law (if you were, you wouldn't
need my explanation :-P), and I was trying to convey the principle of
the thing rather than give a precise statement of the elements of law
involved (and oh god, what a fucked up conlang *legalese* is o.o).

- Sai

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