Re: Pol Joni French Style

From: Osentalka <Osentalka_at_9ANBZL-cjFIN9wpisuFN-xAs9jSx2GPpAIOkko1zGj-AGKaWThNrHvU15YfsiLKQdd>
Date: Tue, 2 Mar 2010 22:55:52 +0100


To all contributors to "Les Erudits de l'Ambigu":

You are welcome to contribute anything (translated into english language and updated to HQ or MRQ) to Tradetalk and we would happily look over it, and publish if it is good (it doesn´t has to fit into canon) .... i assume that the other gloranthan fanzines - "The Zin Letters", "Hearts in Glorantha" and "Rule One" - feel likewise.

Cheers

André Jarosch
Editor of Tradetalk magazine

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----- Original Message -----
From: "julianlord" <julian.lord_at_A7kxxWRjJh1hSuVglC5skYxIn7MXcKUl9SHmICO2wTU1thr9QvhwcSVCHg0uvx35hGu6SqkQVm-WVr4.yahoo.invalid> To: <WorldofGlorantha_at_yahoogroups.com> Sent: Tuesday, March 02, 2010 11:55 AM
Subject: Re: Pol Joni French Style

Jeff :

> I suspect that is incorrect and is likely a mistranslation of the legal
term. A licensee simply has permission to enter upon or otherwise use property; a licensee does not "act as" something or another party. Since French not-for-profits can obtain a license to use an image, own software, or to hold meetings at a place they do not own, I suspect that they can have a license to use another person's IP.

This is not a translation issue -- I do not mean to suggest that a fanzine would be unable to publish Gloranthan material in accordance with the provisions contained in your legal documentation, which would remain possible were they to be organised differently than we were.

I mean that there are strict limits to what a not-for-profit organisation can and cannot do in French Law. We were operating at the very fringe of legality, and the changes in the licensing arrangements put us beyond that fringe.

You are as far as I know mistaken as to how French Law would interpret a not-for-profit organisation publishing supportive materials under license from a profit-based company -- our legal advice was that this would be construed as advertising or similar under French Law, and therefore as a commercial activity. The previous arrangements allowed us to just barely get round this limitation.

We did actually discuss operating outside of the license, but this would have created a moral climate that none of us were comfortable with, and so we decided not to do that. There were some other, private, contributing factors. The decision was a debatable one that we debated, but that was the one that we reached. No amount of hindsight can change the fact of that decision.

Julian Lord
Editor, Les Erudits de l'Ambigu            

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