Date: Tue, 04 Nov 1997 16:43:09 -0800 From: Ted Faber <faber@ISI.EDU> To: Terry Lambert <tlambert@primenet.com> Cc: gdk@ccomp.inode.COM, jkh@time.cdrom.COM, hackers@FreeBSD.ORG Subject: Re: mv /usr/src/games /dev/null - any objections? Message-ID: <199711050043.QAA02361@tnt.isi.edu> In-Reply-To: Your message of "Tue, 04 Nov 1997 23:49:06 GMT." <199711042349.QAA25437@usr02.primenet.com>
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-----BEGIN PGP SIGNED MESSAGE----- Terry Lambert wrote: >I seem to be saying this a lot in this thread, but... Bullshit. It's >as simple as competition space. Apple Computer couldn't damage >Apple Record's "good name and faith in the industry" because they >weren't in the same industry. Hasbro/Tetris/et. al. are not in >the "games for FreeBSD" business. > >The question is how much legality is required. The other problem is that boundaries of the trademark "competition space" are decided upon by the legal system, where, unfortunately, a well thought out technical argument may be worth bupkis. I think you have an uphill battle convincing 12 average people that the "games for FreeBSD" business isn't the "computer games" industry, which I'm willing to bet Hasbro can make an argument (to the average person) for being in. > >Doesn't Walnut Creek or FreeBSD, Inc. have a lawyer on retainer >who is at least willing to test the water with an "Apple vs. Apple" >citation in a response letter? Now there's the question. What will it cost in money and time to handle it this way (which I do think is the moral high road)? Is that cost going to be a good use of limited resources? You asked what would happen if Microsoft sues claiming WINE infringes their trademarks. I hope the answer isn't "we didn't have any money to fight it after that Hasbro thing." If we have free legal resources, and someone's time resources to follow up on it, I agree that sending a response that either says "we're not infringing your trademark" or "we are infringing your trademark, but it's essentially free advertising for your game, how about a zero cost lisence?" is the right answer. I can't donate the time to do that (even writing this mail is more time that I should be devoting to it), or the legal resources. If Jordan wants to make a quick and dirty fix that avoids a fight that isn't a good use of FreeBSD's resources, I can't naysay him. If we've got to fight over grep, sign me up. But boggle can go. > >Or is the automatic reaction going to be to bend over for people >who, dog-like, pee all over any name-space they see to mark "their" >territory? I don't like the idea either, but I don't have other fights I think are more important. >Why the hell do you think domain names cost $50 a pop now? It's because >Proctor and Gamble registered all their trademarks as domains. Actually, although there was some speculation in domain names (P&G actually scooped up things like headache.com as well) the cost of maintaining the namespace shot up as just another price of doing business under exponential growth. There are plenty of names/trademarks issues in domain name allocation, but P&G buying a couple hundred names is nothing compared to dragging the IANA staff in front of Congress under the Sherman Antitrust Act. - ---------------------------------------------------------------------- Ted Faber faber@isi.edu USC/ISI Computer Scientist http://www.isi.edu/~faber (310) 822-1511 x190 PGP Key: http://www.isi.edu/~faber/pubkey.asc -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQCVAwUBNF/BHIb4eisfQ5rpAQGsrwP9GbkrEUVnSlc7fgEL3Vvru63XMwoYic67 83R3erDZzjjpL1ppnCM5vIlcXxQzRWkv01su7K/qQxMttvADRvMqFub5eAJ40B6R qGLW+hOeK+UaQe4tpdJU/whPmBsBYVOV8lor+JBbs+fkb+5Ailg0CxwvCzQI3+5P 9Qy0ZOJr/8U= =BCFk -----END PGP SIGNATURE-----
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