Date: Wed, 5 Nov 1997 02:00:38 +0000 (GMT) From: Terry Lambert <tlambert@primenet.com> To: faber@ISI.EDU (Ted Faber) Cc: tlambert@primenet.com, gdk@ccomp.inode.COM, jkh@time.cdrom.COM, hackers@FreeBSD.ORG Subject: Re: mv /usr/src/games /dev/null - any objections? Message-ID: <199711050200.TAA03653@usr02.primenet.com> In-Reply-To: <199711050043.QAA02361@tnt.isi.edu> from "Ted Faber" at Nov 4, 97 04:43:09 pm
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> 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. This is why you convince Hasbro's lawyer, and not 12 angry men. > >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." "We" aren't synonymous with "WINE". And the point is to do everything you can without it coming to court as a suit. Wimping out without even trying to deflect the argument is bad. This is not the same thing as "wimping out in the face of a large legal club is bad" (it is, but it's a hell of a lot more honorable to wait for the club). > 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. 1) "On retainer" is not the same as "Pro Bono". 2) The claim is that the conflict space is non-eixtstance. 3) Any admission of a possible conflict space, and you have already lost. 4) I like the idea of a "negotiating for license" defence better than an immediate buckling. Asking for a zero cost license is idiotic, however, as is the "it's free advertising" claim (which is an admission of conflict space). > 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. And now we're back to "FreeBSD vs. FreeBSD Inc.", an argument I don't want to have at this point, Thank You. > If we've got to fight over grep, sign me up. But boggle can go. "And when they came for 'grep', there was no one left to oppose them..." > >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. If the name space is admitted to be the same as the US Trademark name space, then we are screwed; it's only a matter of time. > 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. You've apparently missed that InterNIC has covered the IP address space allocation base already, with a wholly owned subsidiary, and the loss of the NSF contract isn't going to do anything (except maybe deregulate the market and screw us all). But that's irrelevant to the issue at hand If you give one bully your lunch money, the next one will want your pants. Terry Lambert terry@lambert.org --- Any opinions in this posting are my own and not those of my present or previous employers.
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