Quote:
Originally Posted by Elfwreck
I don't believe that's true. I believe that the copyright owner has the right to say "I'm not prosecuting that; it has my permission to continue"--without losing the right to prosecute any future infringements.
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What if it
doesn't have your permission to continue? What do you do to stop it?
Quote:
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I believe that either Kurtz got bad legal advice from someone who doesn't understand the difference between trademark and copyright--or she was upset at the idea of fans profiting from their love of her work, and wanted to stop them.
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Possible in both cases. It was a while back, and I don't really know.
But you seem to be saying Katherine should have just ignored it because her rights weren't threatened. Personally, if someone asks me for permission to do something I have control over, I say "no", and they go ahead and do it anyway, I'll be more that a bit peeved, and perhaps aggravated enough to break out the attack lawyers. If someone actually asks me for permission, I assume they'll take no for an answer. If they don't, I'll do things to convince them I
meant "No!"
No, I'm not aware of case law you're curious about. I'm not a lawyer, and going on memory. It's possible I'm wrong, but from what I know at the moment, I don't think so. If you can point me at case law supporting your view, I'll be grateful.
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Dennis