Copyright != Trademark

Apr 09, 2016 07:37

And Vice Versa. The problem with so many people (especially corporations and others that know the difference) with using "Intellectual Property" as a catchall term for anything they own that isn't physical, is that people start to blur the lines between the different sets of laws that make up IP.

Take this typical comment from PC Gamer after Nintendo axed the 3D Zelda-in-the-browser thing. (Predictable that they would do so but that's something else entirely):

"If you don't protect your copyright you loose it, Nintendo likely had very little choice in the matter seeing as many gaming sites were talking about it."

This is -wrong-. Copyright isn't forfeit if you don't protect it. TRADEMARKS need to be defended. Patents likewise don't need to be defended - as shown by how often a company will sit on a patent until someone else makes millions off of it. And THEN they'll go after the innovator and demand hefty payments in "damages".

Now, maybe this guy knew what he was talking about and just typed the wrong type. Problem is, that's JUST as bad. Because it just propagates the stupidity.

Nintendo had all the choice in the world. Problem is, this is the choice they -choose- to make - EVERY. TIME. Personally, I think people should just stop with the free Nintendo publicity when they know full well what's going to happen.

Yeah, Nintendo has the right to protect their IP. (Whether it be trademark, copyright, or patent.) But fans have the right to become fans of a creator that appreciates them.

I'm actually a bit of a Nintendo fan. But I don't put up any illusions about what Nintendo will do if I were to do something to express that. So I don't. I don't give them free advertising. I would never do a Let's Play of any of their games. I would never link their own promotions to friends either. I just buy the occasional game (Which is actually much rarer now then it use to be.) and that's it.
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