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Free Software And Trademarks

Free Software And Trademarks

Posted Sep 1, 2005 8:08 UTC (Thu) by ekj (guest, #1524)
Parent article: Free Software And Trademarks

Stupid (non)argument.

Distributing a browser that secretly collects login-information for banks would be illegal without regard to which name it is distributed under.

Yes, trademark on the name would make it break one more law. But are we honestly to believe that it would be tricky to stop such distribution if it broke "only" X laws, but easy if it breaks X+1 laws ?

There *are* good reasons to support trademarks on free software names (aswell as good reasons to oppose them!) This, however is not one of those.


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Free Software And Trademarks

Posted Sep 1, 2005 9:29 UTC (Thu) by MathFox (guest, #6104) [Link] (2 responses)

Distributing a trojaned browser is illegal, but who will be able to sue the one who did it? The victims and the Government. Govenment is slowly taking up proscecuting computer crimes, but will they spend time on bringing such cases to justice? (Expect international criminal investigations.)
With the Firefox trademark protection the Mozilla foundation has a stick to hit the perpretrators. They can sue, ask for a jury trial, and get convictions for breach of contract and/or trademark infringement. The Mozilla foundation stands a far better chance in court than the average victim of a scam, because of the technical knowledge they can tap into; deeper pockets also help a bit.

Free Software And Trademarks

Posted Sep 1, 2005 13:54 UTC (Thu) by Alan_Hicks (guest, #20469) [Link]

Distributing a trojaned browser is illegal, but who will be able to sue the one who did it? The victims and the Government. Govenment is slowly taking up proscecuting computer crimes, but will they spend time on bringing such cases to justice? (Expect international criminal investigations.)
With the Firefox trademark protection the Mozilla foundation has a stick to hit the perpretrators.

Indeed. In legal terms, this is called standing. Standing is literally "what you stand on". If some one shot your mother, her death is your standing to bring charges against the killer. If you downloaded a trojan horse and lost all your money, your financial loss is your standing to bring the case to trial. If some one makes a trojan horse and puts your trademarked name on it, you can stand on trademark infringement and shut them down before your good name is damaged beyond repair.

When I was young my father taught me this much:

Son, the most valuable thing in the world is your good name. It's the hardest thing to get, and the easiest to use, so you protect it.

This is only them protecting their good name.

Free Software And Trademarks

Posted Sep 2, 2005 23:06 UTC (Fri) by giraffedata (guest, #1954) [Link]

Those are clever arguments, but you'd be better off abandonning them because they're too difficult to defend and unnecessary to your point.

You obviously have a solid understanding of the fundamental purpose of trademark law and how controlling the Firefox trademark serves it. Why go into these creative ways that trademark can be exploited to solve problems it was never intended for?

There's an even more basic counterfeiting scenario than the ones you've proposed so far: A bunch of people, for whatever reason, start making their own variations on Firefox, under the same name. None of them is nefarious, but they don't work very well, and when they do, they all work differently. Now Firefox gets a bad name. People know Firefox as the thing that has more bugs than Internet Explorer and works differently on every computer. So they all cling to IE, losing the chance to use a superior browser: the original Firefox.


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