Re: Tetris packages - need a less-trademarked name
On Thu, 11 Sep 1997, Manong Dibos wrote:
> Remember, delaying tactics are always more effective than just conforming
If we controled our distribution this would be true. We don't. It isn't.
We have a social contract that makes every attempt to protect our channels
of distribution to our end users. This free distribution is hampered when
those channels shut down. These lawyers know that. The quickest way to
produce "compliance" is to threaten those without resources to complain.
The internet provider has no choice but to remove our distribution from
his mirror, unless we remove the offending item. We do our best to obtain
adequate copyright, but failed to consider trademark infringement in our
deliberations (maybe). If we are "really" going to work to protect this
channel of distribution, we have no choice but to remove the package from
our master site until such time, if ever, that the dispute is resolved.
This does not mean that we should not do other things to discourage this
form of legal "extortion" through threats and intimidation.
Several things come to mind...Why is sunsite not as vulnerable as the
commercial vendor? Is it because it is not a commercial venture and can't
be sued for "profiting from abuse of trademark"? If this is the case we
definitely need to run this gang out of town. Keeping free software out of
commercial market places is not "the path to broader availability" we are
<Ramble mode off: warning: no ramble mode on found>
Removing the package, as a short term solution, protects distribution
until a better solution is found. This is the only prudent action.
I'm not sure I like the idea of encouraging the author to change the name.
Short of encouraging sunsite to sue these lawyers for harrasment I can see
not good way to discourage their behaviour.
P.S. If you agree that this should go off the development mailing list
simply remove it from the cc: list on your reply.
aka Dale Scheetz Phone: 1 (904) 656-9769
Flexible Software 11000 McCrackin Road
e-mail: firstname.lastname@example.org Tallahassee, FL 32308
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