Never knew I could improve my english writing by joining the JDE mailing list :) But anyway, good luck Paul and I'll keep my fingers crossed too. - Marcel > -----Original Message----- > From: Mark Abrams [mailto:[EMAIL PROTECTED]] > Sent: Friday, July 20, 2001 3:51 PM > To: Paul Kinnucan > Cc: [EMAIL PROTECTED] > Subject: Re: Response Draft 2 > > > 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> >
