Le 27/11/2013 20:15, Nukeador a écrit :
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.
The good news is that the marketplace code is open source. In my
opinion, that's the most important decision made for FirefoxOS. A
decision made pretty much specifically for this sort of situation. This
decision makes easy for Mozilla to comply to US law while not reducing
developer innovation (I'm not commenting on this app as I don't know the
exact situation)
Whether Mozilla should be creating/maintaining a marketplace in a
different jurisdiction and make sure it can't be considered accountable
for it is a different topic. Since both MoCo and MoFo are based in the
US, I feel neither they nor their subsidiaries could do it. Maybe I'm
wrong. Maybe it's time to start marketplace.mozilla-hispano.org ? ;-)
David
_______________________________________________
governance mailing list
[email protected]
https://lists.mozilla.org/listinfo/governance
