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CONLANG  January 2017, Week 2

CONLANG January 2017, Week 2

Subject:

Re: Axanar / Klingon language case update

From:

Vítor De Araújo <[log in to unmask]>

Reply-To:

Constructed Languages List <[log in to unmask]>

Date:

Wed, 11 Jan 2017 14:49:40 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (112 lines)

Names cannot be protected by copyright, I don't think. They can be  
trademarked, though.

--
Vítor De Araújo

Citando Seth KAZAN <[log in to unmask]>:

> In a pragmatic way the Klingon was only a collateral question ...
> Justice is only a matter of money and here the Klingon brought back nothing
> ...
> So the judgment was not going to teach us anything ...
> A language constructed as a language of exchange, as a natural language, is
> obviously free of right ...
> But considered as intellectual creation it seems aberrant not to be able to
> protect it when a single name can be protected by the copyright ...
> Obviously this is still a matter of money, protecting each of the words of
> the language certainly represents a cost that in connection with the
> expected profit is zero ...
>
> 2017-01-11 14:13 GMT+01:00 Sai <[log in to unmask]>:
>
>> … er http://conlang.org/axanar/#updates.
>>
>> https coming soon.
>>
>> On Wed, Jan 11, 2017 at 6:13 AM, Sai <[log in to unmask]> wrote:
>> > Hello all.
>> >
>> > I've not been posting updates as the trial goes on, but this seems
>> > like the time to do so.
>> >
>> > Full statement (with opening paragraph in Klingon, for reasons
>> > explained therein):
>> >
>> > <https://conlang.org/axanar/#updates>
>> >
>> >
>> > Summary:
>> >
>> > Paramount claimed to own a copyright to the Klingon language itself
>> > and anything anyone might ever say in it. (We say they don't because
>> > nobody can own a language.)
>> >
>> > We filed a hilarious amicus that gained international attention.
>> >
>> > Paramount backed down.
>> >
>> > The court has ruled on motion to dismiss and summary judgment, both
>> > times avoiding having to reach the Klingon language issue, but
>> > expressing skepticism that it can be copyrighted.
>> >
>> > Very recently, Paramount backed down further, and the court ruled that
>> > no evidence about Klingon can be introduced to the jury. (See Axanar's
>> > motion in limine [MIL] #4, and Paramount's opposition, both at link
>> > above.)
>> >
>> > While we didn't get a definitive ruling on the copyrightability of
>> > Klingon, that was unlikely. What we did successfully do was defense:
>> > we prevented negative precedent that could have happened had we not
>> > participated.
>> >
>> > As of their last filing, Paramount was down to only wanting to claim
>> > that using Klingon was a point of similarity in Axanar, and now
>> > they're not allowed to even do that because of the MIL being granted.
>> >
>> > Paramount does still claim to own Klingon, but they're no longer
>> > actually asserting that claim, at least in this case, because it's not
>> > necessary to the case (which is mainly about "substantial similarity",
>> > i.e. the overall Trek look & feel).
>> >
>> > We'll continue to monitor the case but don't expect any further
>> > activity of concern to us, at least at the trial level. Appeals (by
>> > the parties, not us) might bring it up again; TBD.
>> >
>> > As far as we're concerned, for now at least, we won what we wanted.
>> >
>> >
>> > Outside of the in-court defensive effect, it's had a pretty large
>> > impact on US IP lawyers. Apparently our brief is starting to be used
>> > in IP law classes; it's been read very widely; virtually all lawyers
>> > (other than Paramount's) who've read it and posted about it have
>> > agreed with our position.
>> >
>> > That means it's probably even more unlikely anyone will bring this to
>> > court again. Hopefully they'll know about our brief, be convinced that
>> > it's a frivolous claim to make that will draw strong opposition and a
>> > lot of press, and therefore won't even try.
>> >
>> > But… if there ever is another case that implicates conlang legal
>> > issues, please do let us know. ;-)
>> >
>> > Meantime, please read the statement @ link above, and if you haven't,
>> > do read the amicus brief (also @ link).
>> >
>> > It is seriously hilarious. The humor and use of Klingon are both
>> > intentional, for the reasons explained in the statement.
>> >
>> >
>> > If you have any questions, feel free to ask. I am the official LCS
>> > contact / spokesperson on this matter, but <[log in to unmask]> goes to
>> > both me & the core LCS officers, and is more long-term.
>> >
>> > Fiat lingua,
>> > Sai
>>
>
>
>
> --
> odd-language.tumblr.com

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