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Enron Mail |
Agreed.
Dave Samuels 09/07/2000 08:07 AM To: Justin Boyd/LON/ECT@ECT, Mark Taylor/HOU/ECT@ECT cc: Victor Browner/HOU/ECT@ECT, Rahil Jafry/HOU/ECT@ECT Subject: Enron Online Game I am not concerned about the issues below because a) is no longer a feature of the game and b) we are only showing a small portion of the flags, and this seems to be fairly academic. Please let me know if you feel these are issues that need to be addressed. thanks Dave ---------------------- Forwarded by Dave Samuels/HOU/ECT on 09/07/2000 08:05 AM --------------------------- "Murton, Rachel" <rachel.murton@linklaters.com< on 09/07/2000 03:57:51 AM To: "'Leslie.Hansen@Enron.com'" <Leslie.Hansen@enron.com<, "'Justin.Boyd@Enron.com'" <Justin.Boyd@enron.com<, "'Dave.Samuels@Enron.com'" <Dave.Samuels@enron.com< cc: Subject: Enron Online Game Dear All Two issues/questions have been brought to my attention. These relate to the demo of the game I was sent a while back (i.e. a "Five Flags Down Under" demo) and may therefore have been superceded (or the impact lessened) by events. a) Under the "edit groups" section in the demo contetstants are told "want to have your own private Unamed Contest for friends, colleagues or co-workers? you can! it is simply a matter of choosing a group name, entering a group password and telling your fellow contestants to go to this page to join etc" I assume that since fellow group members need to register, the "friends, colleagues and co-workers" are all actually employees of Enron customers anyway i.e. they can register in their own right if they want to? Is this the case? If it is the case, perhaps it should be made a bit clearer that an employee of an Enron customer can't include friends who don't work for Enron customers in their group. b) Our Intellectual Property department have "flagged" (excuse the pun!) the issue of using national flags in a commercial setting. Use of the UK flag wouldn't seem to create problems - there is no copyright in the flag because it is over 200 years old and it is widely used on, for example, T-shirts as decoration. However, they believe that there might be issues associated with using the US flag - this flag doesn't, for example, routinely appear as a decoration on T-shirts etc. Is this something that has already been thought of and dismissed in the US? We believe that, in practice, national governments might not take action to prevent the use of their flags in/on commercial products, as long as the use is in good taste. In addition, we believe that copyright provisions in flags are normally only enforceable within those particular countries. Flags are usually restricted under international copyright law from being registered as trade marks, but consent can be obtained to waive these restrictions, so there is a possibility that particular national flags could be registered trade marks. Given the particular circumstances of the game i.e. the flags are being used in "good taste", for a limited audience, for a limited time, and Enron is presumably not seeking to obtain an unfair advantage from using the reputation of the flags, problems do not seem particularly likely. My sense is tha,t if the use of flags is thought a "non-issue" in the US, then it is probably even more of a "non-issue"/less of an issue in Europe, but if you would like me to take this further/check with the various EU jurisdictions, please let me know? Thanks Rachel ____________________________________________________________ This message is confidential. It may also be privileged or otherwise protected by work product immunity or other legal rules. If you have received it by mistake please let us know by reply and then delete it from your system; you should not copy the message or disclose its contents to anyone. ____________________________________________________________
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