Saturday, April 15, 2006

Slashdot | Microsoft to sue Mike Rowe for Copyrights:

Re:*Trademark* not Copyright

(Score:5, Informative)
by ScottSpeaks! (707844) on Monday January 19, @10:29AM (#8020467)
(http://godsexboyfriend.com/ | Last Journal: Saturday January 03, @09:42AM)
The difference between trademark and copyright (and let's not forget patents) is a topic covered in the first week of Intellectual Property 101, and anyone with a stake in IP (like users or developers of open-source software) needs to understand which is which. Saying "copyright" when you're talking about a "trademark" is like typing "rm" when you mean "ls": it's your own fault if the shell misunderstands you.

Copyright - literally "the right to copy" - Covers a particular creative expression of an idea, such as a song, a movie, a poem, or a C++ program. Currently lasts longer than any of us will live.

Trademark - literally "a mark used in trade" - Covers names, slogans, logos, and such when used in the packaging and marketing of a product or service. Lasts as long and only as long as it's in active use.

Patent - literally "openly disclosed" - Gives temporary exclusive rights to a invention [insert debate over definition of "invention" here] in exchange for publishing the details of how it works. Currently lasts longer than the technology is likely to be useful.

(The so-called fourth kind of IP is a trade secret, which is the opposite of a patent: instead of publishing a how-to, the inventor keeps it private, so they can try to keep exclusivity indefinitely.)

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