Forum: MarketPlace Showcase


Subject: CHECK THIS OUT WOAH!!!

bungle1 opened this issue on Dec 22, 2003 ยท 39 posts


HonorMac posted Wed, 24 December 2003 at 3:49 AM

Need a nap? Hardly, but thanks for the concern though. :) How 'bout a cookie? Glass of milk? Wine? An apology perhaps? I'm sorry. I think I took issue more with the word "speculation" than with the (correct) assumption that I am not a practicing lawyer. The points I have posted are neither speculation, conjecture, or guesswork, and I try to never let any argument be colored by my "beliefs". They are however, like the entire field and practise of law, heavily influenced by interpretation. Interpretation of code and precedent is just how law works. What they should be considered, though, is hearsay. In that way, I agree entirely with you that, until our original poster either does the remaining research for themselves, and/or seeks qualified professional counsel, they cannot intelligently use the advice given here as anything more than a starting point. We've both said enough times that all this is just a first step, and that counsel must be sought to close the deal. As to the "not an attorney" part... An attorney is just someone who's taken three years of school and passed a test. The test has everything to do with character, ethics, logic, and communication skills and not a whit to do with intellectual property law. I (and in all likelihood, you, and many of the people who have posted on this subject in this thread and others) know considerably more about this topic than perhaps some 85 to 90 percent of practising attorney's out there. They don't teach you law in law school... They teach you legal reasoning, procedure, legal writing, and research methods. To learn law, you go to a law library. I don't think it can be stressed enough that you can't just seek out an attorney, but need an attorney who specializes in these property issues, and knows and understands your potential product and your acceptable risk level. Without that, the advice you get from your attorney won't likely be any better or more valuable than the advice you're getting here. I still think asking working artists is a fine way to begin such research, but we remain in violent agreement that it's only a first step. ~Honor