Subject: Re: About Your Handle "GANMU"
Time : 2000, 3, 20 1:50
Mr. Tatsukawa,
I am Yukito Kishiro.
I am the writer of comic "Battle Angel Alita".
The person who sent the mails to you is my brother and he is the
webmaster of my official web site "YUKITOPIA".
Now, I'm trying to answer your questions.
@
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Q:1
> - Opinion of the person who has copyright and the person who has
> publish right
> I understand that the previous mail was written under your
> (Mr. Tsutomu Kishiro's) Judgement, wasn't it?
> What is Mr. Yukito Kishiro's opinion for this matter?
A:1
That mail sent to you was checked and approved by me. Therefore,
it is not just his judgement I am fully responsible for all its
contents.
Q:2
> Also, what is the opinion of Shueisya (Publishing Company) who has
> publishing right for this matter?
A:2
I understand that it is nor necessary to involve Shueisya so that
I have not asked them about this matter. (as of March 20, 2000)
However, as I will have a meeting with the editor about another
issue on March 21, I will report this to him.
Q:3
> - Name and Commercial Products
> I understand that "Battle Angel Alita" is a commercial product of
> Mr. Yukito Kishiro but my handle "GANMU" is not a commercial product.
> I have never used it for any commercial purpose. Even it is non-
> commercial name, it is not a name of work but a person's name.
> There must be no problem.
> You would understand that my handle is non-commercial purpose only
> if you could look at my web site, however the web site is already
deleted.
> This is one of the reason that I have not contacted you even after
> I found your work.
A:3
Currently, I have not suffered any loss as you have not done any
commercial activity under your handle "GANMU".
Also, you may knot know it but titles of writing works are not covered
by copyright regulation in Japan.
Therefore, please feel comfortable as I cannot sue you.
Instead of those facts, the reason I have asked you to stop using
handle "GANMU" is as following:
1. Anonymousness on Internet
It is possible that someone who does not know this matter may
misunderstand your words written under name of "GANMU" as "Yukito
Kishiro's" words because "GANMU" is almost another name of me.
You may pretend to be me without intention.
Possibly you may be sued for defamation in some cases.
2. Possible trademark registration
There's a big project underway with my work "Battle Angel Alita".
It is very likely that the title of the work and names of its
characters are registered as trademarks.
As trademarks are protected by law, it will no be available.
Q:4
> I assume form your mail that I must look for a name, which is not
> duplicated to any name in all media when I try to decide my handle.
> Is my understanding correct?
> You said that you will allow me no duplication of names, didn't you?
> You said that if someone use handle, which is duplicated to any work
> without knowing the fact and receive a notice from the person who
> has created the work, he must terminate use of the name, didn't you?
> You did not request me to get approval to use the handle, did you?
> You have just ordered me to stop using the handle.
A:4
I try to answer your question in order although this is a matter of
"netiquette" so that different from my standpoint.
> I assume form your mail that I must look for a name, which is not
> duplicated to any name in all media when I try to decide my handle.
You had better to look for a name, which is not duplicated as much as
possible. If you are very afraid of the duplication, I recommend to
use your real name.
> You said that you will allow me no duplication of names, didn't you?
> You said that if someone use handle, which is duplicated to any work
> without knowing the fact and receive a notice from the person who
> has created the work, he must terminate use of the name, didn't you?
In my opinion, the former use has priority in moral in case of
duplication of a handle is found. However, it may be decided by
negotiation. This is not a mater of law but a social rule.
> You did not request me to get approval to use the handle, did you?
> You have just ordered me to stop using the handle.
Use of handle "GANMU" is not acceptable. The reason is explained at
A:3-1 and A:3-2. My request does not have any backup of law so that
it depends on your moral if you accept it or not.
I expect you handle this issue with common sense of a social member.
Q:5
> - Appropriate Name
> I must change my handle as I cannot use my previous handle.
> However, same problem may be repeated by choosing names which is
> duplicated to your works or characters in your works unless I must
> choose it very carefully.
A:5
If A:3 is extendedly understood, it is correct that "any handle must
not be duplicated with any characters" but this may depends on how
each person who has copyright thinks as this does not have legal
backup.
In my case, I want make decision that "Yukito Kishiro" and the titles
of my work is prohibited, and other names of characters and other
things in my work are free for non-commercial purpose.
However, there will be a case of A:3 in future and some names of
characters may become unavailable. In such cases, I want make
announcement on my official web site "YUKITOPIA" and protect fan
activities.
**
Note 1: There are many people named "Yukito" so it is not prohibited
to
use it. By the way, "Yukito Kishiro" is my real name.
Note 2: This policy is applied for just my works. Other writers' policy
may be different.
Q:6
> Would you please let me know the names, which I must avoid to use?
A:6
Refer A:5 and look into by yourself. If it is too much, use your
real name or arrange your real name.
(Editor Note: This section is written in a very impolite explanation
in Japanese)
Q:7
> - Make these mails available for public
> I'm very busy to replying many mails coming to ask why I have closed
> my web site and stopped using my handle.
> May I put your mails on my web site and make details of the closing
> my web site available for public? There must be no problem if you
> said right things.
A:7
1. No change to be made.
2. "Answer from Yukito Kishiro" to be attached.
3. Both your mail and our mail to be published on my official web site
"YUKITOPIA". Of course, no change to be made.
If you follow conditions above, you may publish those mails on your
web site.
This is the end of my answer to your question.
On the other hand, your mail address issue:
> Though my current mail address "gundream" is the translation of each
> Chinese characters, it is not simple to change it because termination
> of my account is required for that. "gundream" is a direct
> translation of "Battle Angel Alita" but it may have little relation
> to your comic so please allow me to keep using "gundream" as my mail
> address.
My work is known as "GUNNM" or "Battle Angel Alita" in foreign
countries so that it won't be misunderstood. I approve you keep
using your current mail address.
I have no intention to disturb your activity on Internet.
Please understand what I wrote and keep sound activity.
Yukito Kishiro
2000.3.20.
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