Reply inline. On 10/25/06, Mauricio Hernandez Z. <[EMAIL PROTECTED]> wrote:
> > There is something wrong. That domain is being associated with: > > a) the game (actually the LoCo people only new about this site once a > newbie visited it and send email to list inquiring about what was ubuntu > really... a game or a linux distro) Yes, but that doesn't mean the guy have less chance for the domain name than ubuntu. > > b) the owner of such domain explicitly promoted this game publicly and > send people to try it out at the ubuntu.cl site There is still nothing wrong, emagine I would have domain nike.something, somewhere in africa, where I will promote juice. This is allright until I'm not doing harm to the original NIKE product or names. When I start promoting any footwear on that page, which is a harm to the original name, this is suable and I will loose. (Maybe not in US, depends on lawyer and court) > > c) every time you touch the page content with your mouse, the page > reloads and re-opens 2 pop-ups, advertising his own hosting services and > a buy-on-line site. ALL that has, again, NO relation with ubuntu. Sorry, my firefox is blocking all pop-ups, that's why I haven't noticed them. > > and... wrong again, _because_ one strong reason FLOSS has been kept > alive and kicking is actually the believe that we stand and rise voices > to promote what we think it is a better way to access knowledge and IT, > and that is not the imposing market rule and patents. Well, you are wrong. The harm to FLOSS can be trademark, copyright and mostly patens. Google for patents in us. They adopted patent system where you can literaly patent anything. e.g. amazon sued for one-click patent abuse, microsoft patents if not, and so on. > > and.. well, I think we do have some legal 'framework' (no idea how to > say it in english) here in Chile, but I'd say that should be last > resource to be used. You mean to find a public instition, e.g. NGO non governmental organization such as non profit. > > > In other hand, even when you have international trademark policy, > > which cannonical maybe have, I can still use ubuntu/ ubuntu logo, od > > addidas logo, or whatever logo when I'm not harming the product or/and > > the company with the presentation. I can use Microsoft Windows in my > > Open Source presentations when I say this program can run under > > Microsoft Windows, it's different when you are doing anti-marketing > > and it's suable which also depends on the mentioned trademark or other > > copyright policy. > > exactly... _not harming_ > > IMHO, 'harming' is misleading people to believe one thing when reality > is different. In reality many people thinks something different then is happening, so there is nothing to discuss about this. > I would not mind at all if he uses the logo and/or the > domain, as long as the info and the person itself promoted Ubuntu info > and stuff, instead of 'nothing-to-do-with-ubuntu' info and stuff. And that is what isn't wrong, he is doing nothing to do with ubuntu, which means no harming. This also depends of the copyright and patent law. I don't have knowledge about such in Chile. > > And why I bring this issue to the list? Because from a market POV, we > are at a point where efforts should be made towards getting more people > to using "the result of the right choice: freedom" instead of potential Yes, that's true. You didn't get the point, that I'm not against this or against the idea of freedom. I'm dividing a lot of time to fight for freedom, e.g. kinda new one but http://freedomeurope.blogspot.com > confusion among newcomers to Ubuntu. Actually, isn't it that one of the > objectives of LoCo's ? It is, but in this case you have only three choices: a) get enough paper work about the copyright/trademark issues around Ubuntu and fine a complain to your top level national domain name registrator. b) get enough legal paper work and sue him where you will possibly loose. c) let it go until he starts doing activity where you can proof serious harming to the copyrighted/trademarked/patent policy. where as, new users confuses ubuntu for a game than for a free operating system will definetly not be accepted in court. however the resolution is up to you. Jan -- ----------------------------------- | Jan Husar | Chairman | | http://www.skosi.org -------------------------- | freedomeurope.blogspot.com | GnuPG 1024D/DDB1C1AE | http://www.opensource.org -- loco-contacts mailing list [email protected] https://lists.ubuntu.com/mailman/listinfo/loco-contacts
