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Originally posted by Hank Chinaski
Say I'm the King: and i give you a medal (suspend disbelief here), AND I've enacted a law that says "only the people I give the medals to can wear them outside," that's very much like a use based license.
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It would be. Now if you just pretend that that's what the government has always been doing, you're closer to reality.
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oh, and bona fide purchasers are still infringers, and the guy who buys the medal and wears it? are you making like a "mistake of law is okay" argument?
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You're also erring by analogizing criminal prosecution to IP. Throwing someone in prison demands more.
An Audie Murphy Halloween costume -- should that be a criminal offense?