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CONLANG  January 2017, Week 2

CONLANG January 2017, Week 2

Subject:

Re: Axanar / Klingon language case update

From:

Seth KAZAN <[log in to unmask]>

Reply-To:

Constructed Languages List <[log in to unmask]>

Date:

Wed, 11 Jan 2017 16:05:11 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (128 lines)

You're probably right ...
Even if in the end it is not a problem of copying but of its trade that it
is ...

2017-01-11 15:49 GMT+01:00 Vítor De Araújo <[log in to unmask]>:

> 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
>>
>


-- 
odd-language.tumblr.com

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