Hi Nukeador,

This is a good question. I hope our commendable attitude to transparency
as demonstated by our use of Chilling Effects[0] will extend to us being
able to explain how we deal with such situations.

CCing Denelle. Denelle: did you deal with this issue or was it someone
on your team? Are you able to help with Nukeador's questions?

(This discussion is taking place in the mozilla.governance forum[1].)

Gerv

[0]
https://www.chillingeffects.org/anticircumvention/notice.cgi?NoticeID=562688
[1] https://www.mozilla.org/about/forums/#governance

On 27/11/13 19:15, Nukeador wrote:
> Hi all,
> 
> I open this thread here because I want a wider discussion about this topic.
> 
> Today, Wassap (one of the whatsapp clients we had on the Firefox
> Marketplace) was removed due take down notice from Whatsapp Inc.
> 
> As far as I was able to discover, Whatsapp send Mozilla a take down
> notice claiming trademark and legal instructed to remove the app directly.
> 
> I guess that the removal was done following the USA DMCA law, so I have
> some big concerns here:
> 
>  1. A external company deciding that something violates their trademark
>     without a court order (AFAIK in EU you need a court order).
>  2. Marketplace legally obligated to remove all petitions that follow a
>     USA specific law.
> 
> In this case the icon and name were different from whatsapp so I don't
> feel this is fair for the developer. Also, I don't feel comfortable
> telling developers their apps can be removed without any notice or court
> order just because their app is not comfortable for some external company.
> 
> Can this lead to having different marketplaces for different
> jurisdictions? As a developer I would feel more comfortable publishing
> my apps in a marketplace that respects my local laws.
> 
> Regards.
> 

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