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On 2013.12.21 19:31, Rich Freeman wrote: |
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> On Sat, Dec 21, 2013 at 9:25 AM, Roy Bamford |
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> <neddyseagoon@g.o> |
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> wrote: |
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> > The Gentoo e.V. registration covers the EU and regions where the EU |
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> has |
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> > agreements. The Foundation registration covers the USA and regions |
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> > where the USA has agreements. I expect there is a lot of overlap |
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> > there. Conversely there will be regions where neither logo |
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> registration |
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> > applies. |
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> |
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> Is that a formal declaration that the Gentoo Foundation does not |
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> believe it is entitled to trademark protection outside of the US? |
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That is not a statement on behalf of the Gentoo Foundation Inc. at all. |
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Its my personal opinion as a non US citizen, not normally subject to |
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the jurisdiction of the US courts. |
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Its also an acknowledgement that the US courts can be and are ignored, |
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even in Europe. e.g. enforcing software patents. |
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I believe our IP is well protected in the USA, is protected in places |
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the USA has treaties with but is not protected at all in regions where |
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the USA has little or no influence. e.g. Cuba. Cuba seems to be doing |
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quite nicely ... they even have their own Gentoo based distro. |
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> |
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> If it isn't intended to be such we should be clear, lest emails like |
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> this get used for just that purpose. |
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> |
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> As far as I'm aware international law regarding trademark does not |
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> require it to be registered in every country to be widely enforced. |
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Correct. |
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> US courts have demonstrated quite a bit of willingness to enforce US |
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> trademarks worldwide. |
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The US courts have always tried to overstep their jurisdiction. Most |
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courts do. Its erring on the side of caution. They didn't have much |
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luck with thepiratebay, for example. |
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> |
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> Honestly, I think the whole Gentoo e.V. situation really ought to be |
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> straightened out. Having two completely independent legal entities |
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> claiming to represent Gentoo really diminishes the ability of either |
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> to operate. I'm not sure why we really need two organizations in the |
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> first place... |
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> |
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> Rich |
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Well, the e.V predates the Foundation. I understand that the e.V. |
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registered the mark in Europe, with drobbins encouragement. I agree |
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its a mess and needs to be sorted out. |
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Rich, |
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Should we be objecting to http://www.gentoogroup.com ? |
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I think not as there is no danger of confusing a UK regional council |
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with a software distro. |
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|
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-- |
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Regards, |
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|
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Roy Bamford |
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(Neddyseagoon) a member of |
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elections |
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gentoo-ops |
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forum-mods |
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trustees |
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