All said IMHO.
Paul Kinnucan wrote:
> Hi all,
>
> Here is an extensively revised draft of my response to J.D. Edwards that
> incorporates many of your excellent suggetions.
>
> I cannot tell you how much I appreciate and rely on your advice and
> expressions of support.
>
> Regards,
>
> Paul
>
> ===============================================
>
> July 20, 2001
>
> Mr. Mark Reinhardt
> Associate General Counsel
> J.D. Edwards World Solutions Company
> One Technology Way
> Denver, Colorado 80237
>
> Dear Sir:
>
> This is in response to your letter dated July 11, 2001. I have been using
> the acronym JDE to refer to the Java Development Environment for Emacs on
> my web site and elsewhere since 1997. I use the acronym simply as shorthand
> for my software package�s formal name. I have no intention of competing
> with any product or service of J.D. Edwards or creating the impression that
> I am in any way associated with J.D. Edwards.
>
> In the four-and-half years that I have used JDE, I have received thousands
> of communications regarding my package. Yours is the first to mention J.D.
> Edwards. This plus the facts that J.D. Edwards let its registration of JDE
> with the U.S. Patent Office expire in 1998 and that it has not attempted
> unto now to contact me regarding my use of JDE constitute prima facie
> evidence that my use of JDE has not, in fact, created any confusion or harm
> to J.D. Edwards.
>
> On the other hand,
As another poster said, you should strike this. It is less passive.
> the acronym JDE has become synonymous over the last
> four-and-a-half years with the Java Development Environment for Emacs in
> the Emacs and Open Source software communities where I and my package are
> well known.
Do you think the Lawyers know what Open Source is?
> Complying with your demand to cease using the acronym on my web
> site and elsewhere would create confusion in these communities and would
> cost me time that I can ill afford as a private individual who receives no
> monetary benefit from the Java Development Environment for Emacs.
>
> I therefore respectfully request that you not contest my right to use the
> acronym JDE further. By so doing, J.D. Edwards would show the Emacs and
> Open Source communities that J.D. Edwards is a good corporate citizen. An
> examination of my web page should convince J.D. Edwards that my usage of
> this acronym in no way creates the impression that I am in any way
> associated with J.D. Edwards or that I am offering any software or service
> that competes with a J.D. Edwards offering. However, I would be willing to
> include an explicit disclaimer of any association with J.D. Edwards on my
> web page.
>
> I will be away on vacation next week and will not be able to respond to
> J.D. Edwards� response to this letter until the following week.
>
> Sincerely,
>
> Paul Kinnucan
Unfortunately Paul, I do not believe the Lawyers will concede. My perspective
is that the 'Lawyers' task in this situation will be fullfilled when he returns
to his client saying 'we have garnered your namesake.' The lawyer will make
more money if there is a fight - his client pays for it. If the Lawyers know
you cannot afford to fight this they will take advantage of that.
I think that it would require getting one of the head honchos to call off the
dogs. I hate to add negativity but I think we (You) need to be realistic about
what is going on here. I have been withholding my opinions because I get
extremely worked up about this (I am simply a user of the JDE I cant imagine
what's going on for you). Since you do not have a lawyer and cannot afford
one, I think public pressure on JDEdwards may be the best tactic if you truly
want to keep the name.
<very frustrated>
Mark
</very frustrated>
