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Original Usenet message from alt.ascii-art, 25 Oct 1998.
Re: Pete!

Re: Pete!

Pete Casso wrote:
> 
> Martin DiViaio wrote:
> >
> > Isn't there some need for profit from using a piece of copyrighted
> > material before it can be called a copyright violation?
> 
> Posting malicious defacings constitute copyright violations, even if there is
> no money involved.
> 

Mabye, but you must be able to prove that the malicious defacings caused
you some sort of loss. 

> > One thing I do know about copyright law is that it would be impossible
> > for Mr. Casso to copyright the Stein characters. The cartoons mabye but
> > not the characters. Simply because the characters are too small and made
> > up of too few ASCII characters.
> 
> There are no requirement on size or number of characters. There are
> requirements on originality, recognizability, uniqueness. Look at other
> cartoon characters which are made of a few pencil strokes, the fewer the
> better in fact.

I think you are talking about a trademark, not a copyright. Many of the
characters you are talking about are not copyrighted. The cartoons they
apear in are but the characters themselves are trademarks of the various
authors.

You are also forgeting the self limiting nature of ascii art when you
get down to the extreme small sizes. For instance, try drawing a circle
with no more than 5 ascii characters (not including spaces.) You will
find only a few ways of doing it and wouldn't be able to copyright it.

You may be right on the uniqueness part but (again) I think you are
talking about trademarks not copyrights.

-- 
                    /)-._    | It may be better to be a live jackal than
                   Y. ' _]   | a dead lion, but it is better still to be
            ,.._   |`--"=    | a live lion. And usually easier
           /    "-/  `.\     |
  /)  sk  |   |_     `\|___  | - Lazarus Long, A fictional character
  \:::::::\___/_\__\_______\ |   created by Robert Heinlein

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From: Martin DiViaio <mar...@erols.com>
Subject: Re: Pete!
Date: 1998/10/25
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References: <362C937C.1C92@c.a> <362...@lunatech.com> <v1PX1.60$Sf5...@skin03.micron.net> <909...@mnementh.southern.co.nz> <Pin...@leofric.coventry.ac.uk> <363...@sympatico.ca> <363...@bcgroup.net> <363...@sympatico.ca> <909...@mnementh.southern.co.nz> <363...@sympatico.ca> <909...@mnementh.southern.co.nz> <363...@erols.com> <363...@sympatico.ca>
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