On Sun, Dec 25, 2011 at 3:10 PM, Ralf A. Quint <free...@gmx.net> wrote:
> At 05:03 PM 12/22/2011, dmccunney wrote:
>>I repeat, be careful of *what*?  If you get as C&D letter from them,
>>you take it down and apologize.  You needn't hire a lawyer or engage
>>in a resource-requiring defense.  Such letters are warning shots.
>>*They* would as soon not *take* you to court.  That takes time and
>>costs money.  They would only do so if they saw a pot of gold at the
>>end of a litigation rainbow.
> I think you are a bit on the naive side here. In a lot of cases, a
> C&D letter will be accompanied by an invoice from the lawyers of
> copyright/trademark owner...

That's a good point.  I personally haven't heard of such a thing, but
I agree it's possible.

I'm still unconvinced anyone would bother in this case, as I don't see
a point to doing it.  (Though generating spurious legal fees for the
lawyer might be one, but would be dangerous turf to work if the layer
picked the wrong target.  A counter-suit might be deadly.)

>But offering AST drivers from a website isn't a trademark
>>infringement.  You don't call the site AST anything, and you make
>>clear that AST is a registered trademark (as far as you can tell) of
>>Data Access in France, and no infringement is intended.   Trademark
>>infringement cases also have money involved.  A trademark holder is
>>attempting to either prevent someone else from doing business under
>>(and getting the benefit of) their trademark, or to prevent confusion
>>in the market.
> If this is in this case of AST indeed a "cyber squatter", it is hard
> to tell what might trigger their "wrath". They might jump on anything
> to make a quick buck without having to actually work for it...

They might, but the quick bucks involved would likely need to be more
than legal fees for their attorney.

> In any case, I think it would be worthwile to try and attempt to make
> such drivers available/preserve them. However, I don't think this is
> anything that the FreeDOS project itself should get involved in in general.

I never suggested it should - merely that the effort was worth making,
and likely not that risky.

> I have been looking around a bit and the best site, beside some "old
> computer museum" web sites is a site called http://www.drivermuseum.com/
> but some of the info/contact links don't seem to work (haven't tried
> the email address provided though).

It does look promising, though some links don't work.  It's certainly
a place to try.

> Ralf

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