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Old 10-07-2005, 11:37 AM   #52
rtrooney
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Join Date: Jul 2004
Location: Chicago, IL
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Quote:
Originally Posted by Jeysie
...to me the whole situation feels inconsistent. If Vivendi is going to shut down one fangame, they really need to shut down all of them, or at least give some concrete criteria of what they do and don't find acceptable and why, so every fan who wants to do a fanwork isn't looking over their shoulder with paranoia.
I'm with Josh on this one.

In the consumer marketplace Brands come and go all the time. Just because Proctor and Gamble decides to stop making X doesn't mean they've relinquished ownership of the Brand.

They may even decide to sell the Brand to Nestle, who also may decide not to manufacture X but that doesn't mean Nestle has relinquished ownership of the Brand.

If I, as a longtime fan of X, decide that if they aren't going to manufacture it, I will, and I will call it by the very same Brand name. Should I expect a knock on my door? You bet! Can I control when, or even if, the knock will come? Absolutely not.

Now, simply substitue Sierra On-Line for P&G; Vivendi Universal for Nestle; Kings Quest for Brand and KQIX for the remanufactured X I want to bring to market.

And finally, does the Brand holder have a right to arbitrarily protect some of its Brands and not others? That's a little iffy. If a Brand holder neglects to protect the Brand, it may eventually find itself losing exclusive rights to that Brand, but that is not the case here.
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Last edited by rtrooney; 10-07-2005 at 02:41 PM.
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