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.
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