[ANSTHRLD] Permission to conflict??

[Jay Rudin]

Sara wrote:


> Isn't there some point at which property is considered
> abandoned? If someone isn't active and hasn't used
> their registered heraldic information for 20 years or
> something, are we really still obliged to protect it?

>From  Black's Law Dictionary:
Abandon.  To desert, surrender, forsake or cede.... It includes the 
intention, and also the external act by which it is carried into effect.

Later, it says "In determining whether one has abandoned his property or 
rights, the intention is the first and paramount object of inquiry, for 
there can be no abandonment without the intention to abandon.  Roebuck v. 
Mecosta County Road Commission."

So abandonment of heraldic claims is quite possible, and some people have 
done it -- by sending a letter to Laurel unregistering the heraldic rights.

> It's my understanding that even trademarks can be
> considered abandoned if they go unused for long
> enough.

That's right -- but that's because trademark law has had those provisions 
from the start.

> Personally, I think registrations should be tied to
> membership in some way. Maybe something like: if your
> membership lapses for 15 years (or you go 15 years
> without joining), then your name and device
> registrations lapse or expire also.

It sounds so reasonable, but under close analysis, it doesn't fit either 
the mundane legal or the period aspects of what we do.

First, let's deal with the legal issue.  When I paid for registration, the 
heraldic rules and Corpora were both clear that registration was permanent. 
They published the conditions of registration and the price, and I followed 
the rules and paid my fee.  That constitutes a binding, legal contract, and 
the SCA has no legal right to unregister the mustache badge, or my arms or 
name, at any time, regardless of my later level of activity.

The SCA could decide to sell a lesser form of registration from now on, but 
names and devices registered permanently are, well, ... permanent.

But let's look at the purely internal SCA effect it would have.  What are 
arms and abdges for?

Torgatai Blackwolf and Richard of Montroyal haven't been seen since the 
1970s.  They were gone before I joined.  But are their arms "abandoned"? 
They are seen on the Steppes Warlord cloak, and displayed by the field at 
each Steppes Warlord.  Shall we ignore the legacy of Richard, who founded 
the Steppes, and was the winner of the first tournament on May Day A.S.1? 
Shall we drop Torgatai's Warlord shield, when his Queen of Love and Beauty 
still attends Warlord?

Of course not.  These arms are still in use, even though Richard and 
Torgatai will probably never be seen again.  And if they do return to a 
Warlord tourney, they will see that their achievements are still remembered 
and honored.

Aureliane, Exiter, Anne-Louise and Adelicia may never return, but they 
ruled the Steppes, and their arms are displayed as part of our history at 
major Steppes events.  When Allemanius returned after *many* years away, he 
found his arms on display as the founding baron.  Does that not have 
heraldic value?

Suppose somebody no longer comes to events, but he still has a scroll with 
his arms on it up on his living room wall.  Are these arms "abandoned"?

Suppose somebody left Ansteorra and now just gives calligraphy lessons is 
some obscure shire in An Tir?  How would we know if she still uses her arms 
at guild meetings in her own house?

If Lloyd and Joselyn ever return to an event, I would love to see their 
snake and fox banners.

And are you willing to see some newbie come out and fight with Inman's 
arms?

If we have any desire to re-create the attitudes and actions of the Middle 
Ages and Renaissance, then someone's right to his or her arms is permanent.

Robin of Gilwell / Jay Rudin