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Posts: 2,076 | Thanked: 3,268 times | Joined on Feb 2011
#85
Thought would abandon this thread, but seeing people chip in through tears and blood, there are better fights to fight, come on guys

Originally Posted by woody14619 View Post
Sorry, but that's not how that works. There's no guarantee that we'll get $250K for anything. The real worst case is our trademarks expire, we fail to renew at all, and a company (like MS) comes along claiming they own the mark and/or want the domain, demanding we cease and desist, filing legal paperwork against us. At which point we have two options:
MS, really? MS is currently spending quite a lot of effort to look open source friendly would be a shot in their own foot and from what I've heard they dropped Elop, so how?

  • Ask for compensation and hope they're feeling generous, then "move" and change the name/scheme/skin/logos. (Your $250K option, assuming they'll go for that.)
  • Spend a boat load of money we don't have to fight it in court, hoping to win a counter suit and break even.
The really really worst case scenario is we rename the URL. But that will not happen, even with half-drunk court assigned lawyer this will not happen. There are plenty of examples of domain squatters going around until this day, because they were there first. We are not even squatters, we have our product/project, we keep it alive, with unregistered trademark. No chance in hell that scenario would happen. Still no point in wasting money on dead platform. We could become talk.mer.org and remain happily after (maemo logo is again copyright issue, trademark has nothing to do with it).


Note that in the $250K case, we would "win", but at the same time would lose the right to the domain and/or continuing to do what we're doing here for all intents and purposes.
We could invest that in Neo900 development and make that project bigger, less pricey, more inviting to new members (vote would be needed, if neo900 is not in maemo(tm) (<- we need to use that trademark guise, registration and abandonment = waste of money) spirit we can spend quarter of a million on something community decides, again, he got 250k just for website name he didn't use and had no business, totally different scenario.
By spending some funds now to renew the minimal set in just the EU (or even just Germany), if a company comes along later, we get to:
  • Force the venue in which the legal battle is fought to a place we have actual people on the ground (eg Germany).
  • Have a very minimal cost for defense, since with an active TM it's an open/closed case that almost any lawyer would take it on for free, and counter sue for their expenses.

I'd be willing to bet that a large chunk of that $250K "settlement" went toward legal expenses, since there were international court filings and such months before that agreement was reached. The guy involved probably walked away with very little in his pocket from this, instead being happy to not be in a crater of debt after initially holding out against a company with big pockets.

But hey, you believe what you want and I'll believe what I want. I'm good with pitching in some funds for what amounts to a 10 year insurance policy. If you're not, that's your call. If we get enough in time, hopefully, it will happen. If not, well, that will probably go into the kitty and hopefully be used to ward off lawyers later if needed.
Sounds like those insurance scams: we will protect you in case patent trolls turn to trademark trolling, just spend couple k with us and you have insurance.
Wiki page makes it pretty obvious that without actual enforcing and looking for offenders we might already be screwed. If the duck company from china comes to europe they will argue we did not do due diligence.

I applaud all your commitment to community, but before someone takes a loan to buy this 'really needed thing, because monsters', please don't, going to chip in a tenner later for the TM, just so you don't have to, really worst case scenario (again improbable if not impossible, find another such case, did webos got trademark mugged?) is we go from TMO to TMO with Mer replacing dead maemo

edit: to put it more in perspective, was there any example of trademark trolling, like Marvel (or DC? not sure) harassing adobe for Flash? Was there any fan-forum discussing flash (gordon) with flash in URL taken to court by adobe? Will that page listing winds also suffer from 'new maemo', they list harmattan and fremantle and gregale and... From wiki:
Cybersquatting (also known as domain squatting), according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.
Bad faith is key, there is no way in hell anyone registering TM 'maemo' today can prove (even suggesting that seems silly) bad faith. Maemo is historical artifact by now, so sorry, not buying this 'we will get taken to court and will have to spend hundreds of thousands', beyond absurd. Why has noone registered C64 by now? Thousands of sites with c64 in the name and usage. Maemo will fall prey, come on

Last edited by szopin; 2015-07-10 at 21:56.
 

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