Date: Thu, 4 Jan 2001 22:39:47 -0800 From: "Jeremiah Gowdy" <jgowdy@home.com> To: <chris@Livecast.com>, <freebsd-questions@FreeBSD.ORG>, <freebsd-doc@FreeBSD.ORG> Subject: Re: Please change this Message-ID: <007b01c076e2$4c367e20$aa240018@vista1.sdca.home.com> References: <NEBBKBEHALJPMIKHEBJOOEDJCGAA.chris@Livecast.com>
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> It has come to our attention that you are using the term "Livecast" on the > page referenced below, and possibly other pages. Hey genius, as I'm sure you already know, that is a mailing list archive. I believe the person who posted that email message spoke of the trademarked term Livecast in a manner consistant with Fair Use. As far as "possibly other pages", you, the trademark holder, have posted the term Livecast to the FreeBSD mailing list archive in your own email, which certainly implies that it's an acceptable activity. Indeed, this entire thread you've started is all being put into the mailing list archive. You've caused your term, "Livecast", to be put into the mailing list QUITE a few more times than it would have been originally, and honestly you are misinterpreting your trademark rights if you believe you can keep people from REFERRING to your product in email or even in the newspaper or other form of media. Let me quote to you United States Code Title 17 Chapter 1 Section 107 "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement" I suggest you do not run around threatening people without knowing your rights and the rights of the people they are threatening. People can't represent themselves as BEING Livecast, or being associated with Livecast, but they can talk about Livecast. I could write a webpage about how I dislike Livecast and that would be my right, and I would not be infringing on your rights. Behavior such as this is the cause for the hatred between Internet Businesses and the Computer populus, which they are trying to sell to. How exactly do companies intend to stay in business when all they do is sue customers ? You sue, you piss people off, people don't like you anymore, you go out of business, you are forgotten in 6 months. Prefabricated letters such as yours cause people to think of companies such as yours as faceless lawyer ridden lawsuit mongers who use lawsuits to threaten people into getting their way, even if they are standing on thin ice as far as the law is concerned, simply because they know the average joe cannot afford to fight a lawsuit. These bully tactics only alienate people and eventually eat away at your business. Play it cool in the future. I say these words not to offend you, because I'm sure by now you see the error you made, but instead to inform you. If you want to remain "good" in the eyes of the consumers (us), and believe me, you do, then you need to not be so quick to draw your guns on your customers. Put the lawyers back in your pocket, and ask nicely. You'll get a much better response, and you can protect your trademark rights (if they apply) without ruining any possible customer base you may have in the FreeBSD community. Thanks. To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-questions" in the body of the message
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