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[Freeciv-Dev] Re: Fantasy nations in contrib/nations
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To: Per Inge Mathisen <per@xxxxxxxxxxx>
Cc: Freeciv-Dev <freeciv-dev@xxxxxxxxxxx>
Subject: [Freeciv-Dev] Re: Fantasy nations in contrib/nations
From: Daniel Markstedt <himasaram@xxxxxxxx>
Date: Fri, 21 Oct 2005 14:42:05 +0200


On 2005-10-21, at 08.46, Per Inge Mathisen wrote:

On Wed, 19 Oct 2005, Jason Dorje Short wrote:
If not, they should not be included for copyright and trademark reasons.

According to discussion in RT#10206, using of copyrighted names in
Freeciv would fall under Fair Use. As is the case with all Tolkien nations.

Names can't be copyrighted. The trademarked names (like Frodo) we do
not use.

Imaginary characters, nations and their likeness can fall under copyright,
AFAIK.  So "Frodo Baggins" as a character might be under copyright, as
would a "Fremen" nation that it is clear comes straight out of the Dune
books.

I think adding more of these dubious nations is a very, very bad idea.
There is _no_ reason for us to take this risk.

  - Per



But still, as long as we don't infringe on related trademarks, there can come no harm from this. I understand your concerns, though.

As you say, Tolkien nations are already quite problematic. I checked the US trademark database, and found "Hobbit" and "Mordor" to be trademarked for use specifically in video games. No mention of "Dunedain"; and "Elves" is a common enough term to be safe to use. IMO, Hobbit and Mordor nations should be renamed or possibly removed. Tolkien-derived work is big business these days...

"Frodo Baggins", "Sauron" etc are indeed trademarked, but only for use on printed matter, toys etc. Ought to fall under 'Fair use' in Freeciv.

Daniel




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