Date: Thu, 4 Jan 2001 18:51:37 -0600 From: "Michael C . Wu" <keichii@iteration.net> To: Chris Andrews <chris@Livecast.com> Cc: jim@osd.bsdi.com, freebsd-questions@FreeBSD.ORG, freebsd-doc@FreeBSD.ORG Subject: Re: Please change this Message-ID: <20010104185137.A48707@peorth.iteration.net> In-Reply-To: <NEBBKBEHALJPMIKHEBJOCEDPCGAA.chris@Livecast.com>; from chris@Livecast.com on Thu, Jan 04, 2001 at 04:02:48PM -0800 References: <20010104184645.A1664@envy.geekhouse.net> <NEBBKBEHALJPMIKHEBJOCEDPCGAA.chris@Livecast.com>
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On Thu, Jan 04, 2001 at 04:02:48PM -0800, Chris Andrews scribbled: | Thanks for your response. I did look at the page prior to sending the email. | Unfortunately, search engines and the internet in general does not | categorize these things - copy is copy. And I have to presume that whoever | "owns" the site controls the copy. You can ask Yahoo.com, google.com, lycos.com and all the various other search engines and directories to help you remove the listing. The metadata has already been propagated, good luck stopping what's already done. | My other choice was not to send the email to you at all, and we are held to | some strict guidelines as owners of the trademark in terms of working to | contain usage to appropriate usage. Have you talked to your company's own IT and MIS professionals before doing this? It is usually a good idea to talk to the techinical people before performing possibly acts that may have disasterous public relations effects. | We "do have a clue" here, but it is a challenging task to have a goal of | clarity in something as cloudy as the Internet. I think my following message would enlighten you on how difficult a task this would be. In addition, claiming that you have a clue does not imply that you reall have a clue. In order to remove your trademark from all of the FreeBSD archives, you should contact Egroups.com, Geocrawler.com, Deja.com and many other large commercial mailing list corporations. In addition, you should contact all the Usenet distributors that archive freebsd.org mailing lists through Usenet News. This includes at least the 100 largest Usenet news outsourcers inside the United States. For deja.com at least, they pride themselves on having the most complete mailing list and Usenet archives around. I think they would not remove the listings there. After that, you can contact all the universities in Asia, Europe, Oceania, Americas, and Africa who mirror FreeBSD mailing list archives. FreeBSD.org is in no way associated with any of the above internet sites. FreeBSD.org has no control over these sites. (Needless to mention again, but you have sent an email mentioning your trademark into the FreeBSD email archives, which was propagated instantly into the search engines, mailing list archivers, and Usenet. | -----Original Message----- | From: Jim Mock [mailto:jim@osd.bsdi.com] | Sent: Thursday, January 04, 2001 3:47 PM | To: Chris Andrews | Cc: freebsd-questions@FreeBSD.ORG; freebsd-doc@FreeBSD.ORG | Subject: Re: Please change this Generally, in the so-called clued-Unix world, it is considered a lack of clue to use such useless email quoting headers. | On Thu, 04 Jan 2001 at 15:31:50 -0800, Chris Andrews wrote: | > TO: WEBMASTER OR PERSON WHO CONTROLS YOUR WEBSITE Using all capitals in an email is consider rude because it implies "shouting" and being directive. I think you probably would get less cooperation that way. | > It has come to our attention that you are using the term "Livecast" | > on the page referenced below, and possibly other pages. | > | > | http://docs.freebsd.org/mail/archive/2000/freebsd-multimedia/20000123.freebs | d-multimedia.html I assume you did a simple websearch on your trademark, but have you really found out what this website does? | Did you even bother looking at it? If you did, you'd notice the URL you | specify above is to a mailing list archive. The word "Livecast" is | mentioned because the poster says: | | news flash: | | I just got livecast to connect and remain connected with a | Lvl: value indicating my audio level, this is unusual. | | > Livecast is a registered trademark that is owned by Livecast, Inc. We | > would like to ask you to please change Livecast to a generic or | > industry term such as "webcast" or "live webcast." | | So you're against people saying they have Livecast working? Heh. | | > Although this might seem like a minor matter to you, it is important | > to us that the Livecast trademark be understood by the public in an | > accurate manner. Your page gets referenced by search engines which can | > confuse the public. We have had to continually police the use of | > Livecast on the Internet, including recently filing a trademark | > infringement lawsuit in federal court against CNN/SI. | | What does this have to do with the message? This tells me you didn't | even bother looking at the page you referenced. Do you realize that FreeBSD is a world-wide distributed effort? It is in no way a legal entity and exists virtually around the world. You can, however, effect a lawsuit against no one that would have no effect. In addition, how will you sue the thousands of individuals in Asia, Africa, Americas, Europe, and Oceania? You do realize that somone can simply copy the website to a country that has no copyright or trademark laws? The FreeBSD's license specifically allows for that, and no one can revoke that. FreeBSD essentially avoided the U.S. encryption export laws for a few years, against the United States Federal Government. | > Please change this page(s) on your website, and if you would email me | > back when the change is completed, I would appreciate it. If you also | > re-submit your website to the major search engines, then that will | > ensure that the public gets up-to-date content from your site when | > they do searches. | | This is not part of the FreeBSD.org web site per se -- it is an archived | email sent from a private individual to a mailing list. FreeBSD.org has | no say over the content of the messages sent to its lists and has no way | of preventing the word "livecast" from being mentioned in mail to its | mailing lists. -- +------------------------------------------------------------------+ | keichii@peorth.iteration.net | keichii@bsdconspiracy.net | | http://peorth.iteration.net/~keichii | Yes, BSD is a conspiracy. | +------------------------------------------------------------------+ To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-doc" in the body of the message
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