On Tue, May 05, 2009 at 04:05:58AM -0400, Valdis.Kletnieks@xxxxxx wrote: > On Mon, 04 May 2009 20:34:42 PDT, "Paul E. McKenney" said: > > > I am more than happy to let you search the case law on this one. > > Ya know, it's that same "I'll let your lawyers rediscover the stuff that mine > already found" issue that's making this thread a pain. My apologies for the pain, however, Matthew said that he "never trusted advice from IBM laywers", so there didn't seem to be any point in consulting them. > Case saying (C) *possibly* sufficient (ruling 'c-in-hexagon' was sufficient): > Videotronics v. Bend Electronics, 586 F.Supp. 478, 481 (D. Nev. 1984) > > Case saying it might not be: > Forry v. Neundorfer, 837 F.2d 259, 266 (6th Cir., 1988) > > Neundorfer says: > > "Videotronics, Inc. v. Bend Electronics, 586 F.Supp. 478 (D.Nev.1984) held that > a letter "C" enclosed within a hexagon met the statutory requirements, but > suggested in dicta that the symbol "(C)" might not be sufficient because > parentheses, unlike a hexagon or a circle, would not completely enclose the > "C". Id. at 481. However, if a "C" in a hexagon is sufficient, an argument > exists that a "C" in parentheses is sufficient. Defendants here had actual > notice of copyright. The trial of this action may provide a better record on > which to finally decide whether the symbol "(C)" is sufficiently similar to a > "C" in a circle to serve as notice of a copyright. Plaintiff is apparently now > using the "C" in a circle. It may therefore be entitled to rely on 405(a)(2) > even if the earlier symbol was not sufficient." > > Clear as mud, unless you have a more recent cite. :) http://books.google.com/books?id=6je0tPcGMzYC&pg=PT822&lpg=PT822&dq=Videotronics+v.+Bend+Electronics,+586+F.Supp.+478,+481+(D.+Nev.+1984)&source=bl&ots=ccxO5np_uQ&sig=Q0wj4k5uCpMiZybAQe12JlHhh0A&hl=en&ei=Z1kASu2ZJ8eLtgehupyNBw&sa=X&oi=book_result&ct=result&resnum=2#PPT822,M1 Dated 2005, cites a 1988 case in footnote 28. Also claims that: Copyright Office II Compendium of Copyright Office Practices lists acceptable variants to the C in a circle, including "(c)". But this is a USA publication. Perhaps Matthew is thinking in terms of some other geography. And perhaps things have changed since 2005. Thanx, Paul -- To unsubscribe from this list: send the line "unsubscribe linux-fsdevel" in the body of a message to majordomo@xxxxxxxxxxxxxxx More majordomo info at http://vger.kernel.org/majordomo-info.html
