JavaRanch gets Cease And Desist From Sun

demultiplexer writes: "JavaRanch, a not for profit, volunteer-driven site dedicated to Java and probably the world's most popular Java website outside Sun, received a "cease and desist" letter from Sun's lawyers earlier this year for alleged trademark violations. It is being asked to rename to something like "The Java(tm) Technology Ranch" or "The Ranch, a friendly place for Java(tm) technology greenhorns." Quite a mouthful. Negotiations with Sun have failed so far and the ranch now considers renaming to GeekRanch and broadening its scope. Read the full story in all its gory detail."

Comments

I do not see the problem here

[Decado]

Ok I have read the article, then went back and re-read it paying close attention to the mails from Sun. As far as I can see they are doing their best to resolve this amicably. They sent an email mentioning the problem, in it they were polite, they did not tell the JavaRanch people that they had to change their name to "The Java(tm) Technology Ranch" they just offered that name as an example of a valid usage of their trademark. The people sending that mail do not have to come up with the new name, they just have to give some examples of valid usage.

So what do the JavaRanch people do? They very maturely shove the mail under the carpet and hope it goes away. They were being discourteous to sun when they didn't respond, then they later have the gall to get their knickers in a twist when Sun dont get back to them immediately? So it is ok for them to ignore Sun for months, but if Sun dont respond immediately they are assholes? Do I detect a bit of a double standard here? Sun seemed very willing to discuss an arrangment with them, maybe they would have allowed them permission to use the name JavaRanch but it is nieve to think that they will just magically come up with that idea if you don't even take the trouble to respond to their mail. Perhaps asking Sun if you can do that would be a good idea? You think?

Sun HAVE to look after their trademark. They go so far as to list the 8 offending pages (and sorry but claiming one person cannot be expected to singlehandedly modify eight pages is a bit weak). When they offer to work with you in resolving the problem then the smart thing to do is to send a reply to their email. Voice your concerns, discuss your options with Sun before you decide you are under siege. All the Sun correspondance seems to have an amicable tone. So what if they dont offer you a huge sponsership deal just to comply with their trademark. I cannot believe that no one there just suggested working with Sun to resolve this in the amicable manner in which it began instead of doing their best to force Sun into more action, and Sun still have not taken that action. Adam Cohn described his position at Sun so that the JavaRanch people would realize that sun cared enough to assign someone who could make a decision to their case.

Here is a quick timeline;

November 6 2001: Sun send JavaRanch an amicably phrased email asking them to comply with their trademark usage requirements, the mail is concise yet clear and offers examples of valid trademark usage. The JavaRanch people decide to ignore it and hope it goes away (which Einstein there came up with that plan?)

A few weeks ago? Someone accosts Scott McNealy about it, sun not having troubled JavaRanch about the matter at all in the meantime. So what does Scott do? He gets someone from sun to contact JavaRanch about their concerns. JavaRanch respond and try to talk about a completely different topic. And when the V.P of marketing is busy they assign someone else to the matter. He sends an email and suddenly JavaRanch decide that they are under siege.

It is unwarranted bad press for Sun. They acted sincerely and obviously seem to be making every effort to an amicable solution. Sorry, but it is the JavaRanch people who are being unreasonable (I daresay even childish) here and they need to start behaving in a much more mature manner. They have now put Sun on the defensive and may force Suns hand. They have switched from accidental non-complience to opponents of sun over a minor issue.

Grow Up.

Copyright

[erasmus_]

Now I'm as much against silly lawsuits as the next guy, but Sun is being awfully nice here, and the letter did not strike me as at all menacing. I mean, Sun does own the trademark, and whether the word has other meanings in other contexts is entirely irrelevant.

They don't want to shut down the site, they just want the site to honor the trademark in an appropriate way. The article post specifically talks about how the JavaRanch people hoped it would all go away - if they started slowly updating the site at the URLs Sun wanted, they would have been done by now. Sun mentions in the letter that they appreciate what the site has done, and some pretty high-ups in the company want the site to stay. I don't think updating a logo and a couple URLs is too much to ask. But perhaps I'm wrong.

Easy out for all involved

[Decado]

JavaRanch people add a space becoming Java Ranch. You then tell Sun that Java is an adjective in that name, Sun who obviously wanted an amicable solution agree that Java is an adjective in that context and everyone is happy. Add a small (tm) after Java in your logo and all thr troubles go away.

Legal Issue

[cassandy]

I don't think that this is so much a matter of Sun wanting to call JavaRanch on this matter, but I think it's more that they have to.

You can't sue one person for trademark infringement (ie, M$) just because you don't like them, but not so much as send a 'cease and desist' to another (JavaRanch) just because you do. If JavaRanch is the biggest non-Sun Java site out there, Sun can't claim ignorance on JavaRanch's trademark infringement.

If Sun is trying to set up a major legal case against some one else (and we know they are) then this could just be a way of fixing a glaring hole in their prosecution.

It's too bad tho that JavaRanch is taking it so hard.