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Topic: Open source Project / Hardware (Read 17 times) previous topic - next topic

ladyada

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And if you can't enforce your trademark, you don't have one, so why not just let it be free :)


Linus thinks its a good idea or he would have released the trademark. Its his trademark so he can do what he wants.
Just like Arduino team owns the copyrights to all the code and PCB layouts which they have licensed under CC.
Whether not they will use a lawyer to enforce those legal rights is, well, none of our business.

Anyways, Arduino team also doesn't have the fiscal capability to take someone to court if they break the CC license, either. Does that mean they should just release it all into the public domain and "get rid" of that responsibility?

  limor

Daniel

the simple legal fact is that if you can't enforce it through demand letters and legal action etc, you give up your legal claim to the "mark" by the fact of non-enforcement.

You can't keep the mark and not enforce it: trademark law doesn't work that way.

The Arduino foundation can't afford to enforce it. So, at the risk of sounding like a parrot, why not....

D

ladyada

#47
Aug 23, 2007, 12:33 am Last Edit: Aug 23, 2007, 12:37 am by ladyada Reason: 1
Quote
the simple legal fact is that if you can't enforce it through demand letters and legal action etc, you give up your legal claim to the "mark" by the fact of non-enforcement.

You can't keep the mark and not enforce it: trademark law doesn't work that way.


They can enforce it by sending boilerplate C&D emails, which cost nothing. Maybe they'll represent themselves in court. Maybe the EFF will volunteer, or they have lawyer friends. Maybe they'll blow all the money they earned selling arduinos on some hotshot lawyer.

Most people who trademark aren't planning to go to court. That doesn't mean they shouldn't register the trademark: most violators stop when they get a C&D.

According to the interwebs, Linus -didnt- register the word originally and then regretted it when it was snapped up by some jackass.  
I'd rather Arduino team trademarks the word than some other person. :)

 limor

ps. I think I've said everything worth saying, and more. Since you don't agree, it's probably not worth wasting your time on this, so I wont post about it anymore.

Daniel

#48
Aug 23, 2007, 12:40 am Last Edit: Aug 23, 2007, 12:45 am by Daniel Reason: 1
yes no doubt some very limited enforcement action is possible, although I seriously doubt the foundation's resources would go much further than a demand letter. If it goes to court, that takes  a year to resolve or more, and tens of thousands of dollars or volunteer time. For <each> jurisdiction. Do it again for once for the US, ok, but again for China, and again for Singapore, and again for France? And again in the USA if someone else tries it? I guess by that point you have the emails of your volunteer lawyers all set up. Also, for places like China, you need to actually go through the registration process in order to be able to prosecute someone for infringement, so add a few thousand per country like that, or a few dozen hours of volunteer time, and maybe a few thousand for the Chinese-English or Italian translation.  
Volunteer lawyers are also not known for their expertise in interantional trademark litigation! :)

It's a full time job enforcing a trademark internationally.

But really, is that what the whole Arduino thing is about?

If you compare trademark enforcement of the Arduino name with just letting poeple use it, the latter is a lot more consistent with the philosophy of open-source hardware development.  

D

westfw

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Hi, can you please clarify what you mean by "don't publish full CAD files"?

I was talking about the alternate layouts for "bare bones" functionality that you've been showing the hardware forums.  In retrospect, this wasn't fair at all since they are still in the pre-product stage, and I apologize.

BillW

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