I ready release my games framework for online download, and sell part of it through paypal. but with some question: 1. Which country's law is apply to protect my work?（I’m not with a company） 2. What's the difference I register my Trademark in different country? Can I without it？ 3. Is my Licence(EULA) alway valid and don't differentiate country? Can I use another software’s EULA with some change？ 4. Shall I set up other stuff to start my business(beside Trademark, Licence, Domain name, Website and Paypal account)? As I'm internationalist and it's all deal with online, I really don't want differentiate country! Thanks! [Edited by - savedbygamesandcodes on June 28, 2006 8:36:34 AM]

Quote: Original post by savedbygamesandcodes
1. Which country's law is apply to protect my work?（I’m not with a company）

Most countries follow the Berne Convention, Paris Convention, Madrid Agreement, and several other international treaties and agreements including modern WIPO work. Participating countries agree that you automatically get certain minimum amounts of protection internationally. You don't have to do anything to receive the protection. You don't need to register the marks or copyrights with anybody in order to get basic protection. However, you DO need to take steps in the courts to actually enforce those protections --- those steps are expensive and can require registration within that country.

Quote: 2. What's the difference I register my Trademark in different country? Can I without it？

You have basic protections under treaty. If your mark is distinctive, unique, and in use, and then somebody blatently steals it, you can take them to court internationally. It is expensive, but those are still your rights. You'll need to talk with a competent international IP lawyer to find out exactly how they vary by location.

Quote: 3. Is my Licence(EULA) alway valid and don't differentiate country? Can I use another software’s EULA with some change？

EULAs are of questionable legality anyway. In the US, the federal appeals courts have been saying that a one-time payment for perpetual use is a sale and not a license, even if the software comes with a license. I'm sure this varies globally.

Quote: 4. Shall I set up other stuff to start my business(beside Trademark, Licence, Domain name, Website and Paypal account)?

See a lawyer. If you are concerned about it internationally, then you will need to see several lawyers dealing with international law.

Quote: As I'm internationalist and it's all deal with online, I really don't want differentiate country!

IP theft, piracy, and other illegal/immoral actions take place all the time regardless of location. You just have to acknowledge there are people who do bad things. Stupid people will vandalize and destroy things that benefit everybody. Other people will find ways to steal, even when the thing they are stealing is free. (ie: Taking one free item is fine. Taking all of them is immoral.)


Most people are honorable and will pay for the goods and services they use. Make it both obvious and easy to pay, and they will do the right thing.


Good luck.

Thank you, frob! you really make it clear! Thanks a lot!

Another question:

Should I use my own name as the copyright holder or can I use another name(as my nickname, my group's name, ...)?

Is there a site offer online IP lawyer consultation internationally?

Thanks!

You would have to use your real name or the name of a registered company - it needs to be a real legal entity.

Chinese alway refer their name's Bopomofo as their name in English, but in chinese, first name and last name order is different from that in English, which order should I take? Or should I use a new name in English? Which name should I use as my legal name?

Should I register a company? What is the advantage and disadvantage?

Can I register a company in USA if I am not american and living in other country?

Sorry that a lot of question, I don't know what should I do.

Thanks!

"sav," you wrote:

>Chinese alway refer their name's Bopomofo as their name in English

What the he!! is a "Bopomofo"? Is that like an "ABC" or an "iroha"?

>Which name should I use as my legal name? Should I register a company? What is the advantage and disadvantage? ... I don't know what should I do.

You need to consult an attorney - a lawyer familiar with Chinese law, in Shanghai.

>Can I register a company in USA if I am not american and living in other country?

I'm not a lawyer, but my opinion is "no, you can't." But if you're rich, and you can hire an American attorney, then "yes, maybe." You need to hire a lawyer, dude! These are legal questions, not game biz questions. The experts on legal questions are called "lawyers" or "attorneys." We're game developers.

Tom

Quote: Original post by tsloper
"sav," you wrote:

>Chinese alway refer their name's Bopomofo as their name in English

What the he!! is a "Bopomofo"? Is that like an "ABC" or an "iroha"?

Chinese Bopomofo is almost same as English letter. "iroha" is not a legal bopomofo name... If you know some japanese people's name, then you know what I meaning: when their name shown in English, you can't get the idea behind it. it's transliterated.

Very sorry to cost you time, I just want make somthing clear before ask my lawyer. as I'm as rich as you thought.

I know you are not lawyers, but you have more experience than me.

Without start another thread, something I don't clear:

What should I do if my customer change my EULA to make it redistributeable and redistribute my work? Should I make the EULA public and register my customers in a database? What about exceptive licence? Can I change my EULA freely?

Thanks a lot sorrily...

Quote: Original post by savedbygamesandcodes
What should I do if my customer change my EULA to make it redistributeable and redistribute my work? Should I make the EULA public and register my customers in a database? What about exceptive licence? Can I change my EULA freely?

They would be violating international copyright laws.

One of the protected rights is that you have all the rights to distribution. If somebody else redistributes it without your permission, they are breaking the law. If somebody makes a change to your stuff and redistributes the changed version without your permission, they are breaking the law.

You, as the owner of those rights, can make whatever changes you want.

Choosing to track your customers in a database doesn't affect those rights.