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Old 06-05-2007, 07:18 PM   #22
Mabus
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Join Date: Jan 2006
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Commerce, by its very legal definition, implies profit (or at least being paid a consideration, whether monetary or barter).

"COMMERCE - The exchange of commodities for commodities. Considered in a legal point of view, it consists in the various agreements which have for their object to facilitate the exchange of the products of the earth or industry of man, with an intent to realize a profit.

In a narrower sense, commerce signifies any reciprocal agreements between two persons by which one delivers to the other a thing, which the latter accepts and for which he pays a consideration. If the consideration be money, it is called a sale; if any other thing than money, it is called exchange or barter."

There is a commerce exception for non-profits, and they may obtain trademarks. The WikiMedia Foundation for example is a non-profit with trademarks. As MUD codebases can be educational tools (both in learning programming and in promoting literacy) I see no reason why a codebase creater could not both form a non-profit and be declared a "small entity" for trademark purposes.

But again, I am not a lawyer. Standard disclaimers still apply.
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