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Slashback: Disputes, Clones, Audio

Slashback this fine 23:59 GMT brings you a response to MS GPL FUD, an update on Lessig's challenge, a followup question regarding domain disputes, a reminder that clone claims aren't new, and more. Read on for the details.

Needed: One referee. Quixotic1 writes "A small company I work for has discovered that a domain name has been registered with their U.S.-trademarked (since 1980) name. Requests to the owner of the site (a U.S. citizen) have gone unanswered, so we're now moving on to filing an ICANN dispute. There was a query last week about inexpensive alternatives to the $1000+ UDRP arbiters. The discussion ended up revolving around whether the author had a valid claim or not, but I'd still like to know -- are there inexpensive alternatives?"

I bet there's money to be made if someone can come up with cheaper means of settling such disputes.

Store in the ammunition box. leonbrooks writes "Recently, images from a presentation by Microsoft Belgium were published on the web. The presentation made some startling (for Microsoft) concessions to Open Source, then set about FUDding the GPL into the ground. I whacked together a point-by-point answer to the anti-GPL FUD. Happy linking ..."

Tithe 10 percent. Luke Francl writes "Inspired by Lawrence Lessig's OSCON remarks, Lessig's Challenge is a way for people concerned by the attempts by the entertainment industry to close off the net to fight back. The challenge is to spend more on those who fight for the open network than you do on its enemies. Since it appeared on Slashdot last month, 10 people have joined me and we've raised over $2300 for good causes (organizations like the EFF, the ACLU, the FSF, along with free software/open source programmers and online artists). And that's just the ones I know about! Cory Doctorow wrote to tell me that many people were inspired by the challenge to join the EFF. ... Check out the list of suggested recipients."

Like obsidian, and coal, and dirt ... salimfadhley writes "Today BBC Radio 4 began serialising Phillip Pullman's popular "Dark Materials" trilogy. The beeb will be broadcasting one episode per week, with a RA stream of the latest episode that can be found on the promotional site. You can find "The Golden Compass" (called "Northern Lights" in Europe) on the website now. This stream will be replaced with episode 2 next Saturday.

The Dark Materials series was originally intended as children's fiction, however owing to excellent storytelling and a significantly darker theme than Harry Potter, has done rather well in U.S. and UK adult market.

The central premise of the series is that God is evil, a celestial impostor who pretends to have created the universe and who so intensely hates flesh and blood that he wants people to live a repressed, joyless existence. Unsurprisingly this theme has upset fundamentalist Christians."

Unfamiliar? Read the Slashdot review of the trilogy.

The clones I meet are mostly in pairs. PizzaFace writes "The Washington Post reports that the Raelian clone claim echoes a hoax of 25 years ago. And while we have better technology now for testing the claim quickly, there is still room for deception, and some people don't trust the science (and pseudoscience) reporter the Raelians appointed to test their claim."

22 of 341 comments (clear)

  1. Regarding the domain name by Jeffrey+Baker · · Score: 5, Insightful

    The domain name is not a trademark registry. You have no moral claim to the domain name. Your only hope is throwing $1000 at ICANN, who will happily rule in your favor.

    1. Re:Regarding the domain name by AntiNorm · · Score: 5, Insightful

      The domain name is not a trademark registry. You have no moral claim to the domain name.

      Agreed. As long as they aren't using the domain name with specific intent to dilute your trademark, you're pretty much SOL (or should be) with regard to getting the domain name from them. They got it first, so it's theirs.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    2. Re:Regarding the domain name by susano_otter · · Score: 4, Insightful

      Actually, it's the conclusions of the courts and the law that are absurd. While the choice to go for arbitration instead of a lawsuit is laudable, it's not nearly as laudable as letting the guy who already registerd his domain keep the domain he already registered.

      The "law" isn't some sort of perfect standard. It's more of a minimal safeguard when one or both parties in a dispute are negotiating in bad faith.

      I'd rather see the company admit that it has no ethical claim to the domain name, and drop the issue.

      --

      Any sufficiently well-organized community is indistinguishable from Government.

  2. Microsoft Belgum mirror is still up. by AltGrendel · · Score: 5, Informative

    It's located here.

    --
    The simple truth is that interstellar distances will not fit into the human imagination

    - Douglas Adams

  3. Arbitration solution. by Black+Parrot · · Score: 5, Insightful


    > "A small company I work for has discovered that a domain name has been registered with their U.S.-trademarked (since 1980) name. Requests to the owner of the site (a U.S. citizen) have gone unanswered, so we're now moving on to filing an ICANN dispute. There was a query last week about inexpensive alternatives to the $1000+ UDRP arbiters. The discussion ended up revolving around whether the author had a valid claim or not, but I'd still like to know -- are there inexpensive alternatives?"

    Here's a cheap, effective solution: deal with it. The current owner has as much right to it as you do (or more, since ownership is 9/10 of the law).

    Try .biz, or think of a new domain name for your company. And look for sympathy elsewhere, 'cause you ain't gonna get much here.

    --
    Sheesh, evil *and* a jerk. -- Jade
  4. Gnostic Heresey by Planesdragon · · Score: 4, Interesting

    The premise of the Dark Materials triology sounds a LOT like the root of the Gnostic Heresey (where new age "gnosticism" comes from, actually.)

    In the early days of Christianity, there were three major sects--the Christians, the Jews, and the Gnostics. The Jews were, well, jewish folk who lived as jews but thought that Jesus was the Messiah (sorta like "Jews for Jesus.") The Christians were the to-the-lions folks we all know and love, and the Gnostics--well, the gnostics are why the strong central church formed, and why the Inquisition was so harsh.

    The Gnostic Heresy, as I understand it:

    There was a God, and Jesus Christ was his living son--but God_the_Creator is not God-the-burning-bush-that-spoke-to-moses. Sometime after creation, a spirit called the Demiurge usurped control over creation, lied to the jews, and pretty much acted the way Christians might imagine "Satan" acting.

    The Demiurge created flesh, and so flesh is flawed, and all of humanity is doomed to damnation, save for the accidental banishment from heaven of the goddess/archangel Sophia, who apparantly had no small part in Jesus Christ showing up and mascarading as a person for so many years.

    The Gnosic Heresy, btw, was propagated by a series of "revelations" about the faith, sort of like the popular image of how a witch's coven is organized. It was stamped out rather freverently in the early days of Christianity, and hasn't been a going concern as a religion for a great many years.

  5. "Viral" GPL FUD. by Black+Parrot · · Score: 5, Insightful


    [from the link:] > Known in the OSS community as a "viral" licence.

    As the author points out, and as others of us have stated repeatedly: the GPL isn't viral, it's recursive. I've got lots of non-GPL software on my home system, and none of it has ever "caught" the GPL.

    The simple rule is: if A is GPL'd and B is derived from A, then B is GPL'd. The rule is "recursive" or "transitive", but not "viral". The OSS community would do itself a favor to quit calling it "viral". (Though in fact the term seems to be more common among complainers than among GPLers, despite what the quoted MS document says.)

    Hint to Microsoft: if you don't want to GPL your software, don't derive it from GPL'd software. It's as simple as that -- at least for people who aren't being obtuse willfully.

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:"Viral" GPL FUD. by Cryogenes · · Score: 4, Insightful

      The rule is "recursive" or "transitive", but not "viral".

      Neither of your suggestions work. "Recursive" would mean that the GPL is explained in terms of the GPL. It is not. Transitivity is a property of relations as in: "if a is related to b and b is related to c then a is related to c". Since the GPL is not a relation it cannot be transitive.

      If you want to use a scientific analogy I suggest "dominant": If a program combines GPL'd code with other code, then the entire program is GPL'd.

    2. Re: "Viral" GPL FUD. by Black+Parrot · · Score: 5, Insightful


      > Let's say that the FSF has an annurism, and releases a VB workalike, with common controls and librarys and whatnot, and releases the whole sheebang with the GPL. Anyone using these common controls or libraries has to now use the GPL.

      (a) No one has any inherent right to use the FSF's code. If they do that and you don't like the license, use something else.

      (b) In practice the libraries would more likely be placed under the LGPL, so that you could use the widgets in your owns software without GPLing it.

      [snip similarly bogus example]

      > The GPL's "viral" nature propagates through the only way "code flesh" is ever exchanged--through re-use of components.

      No, it propagates through the re-use of GPL'd components in a certain manner. There are lots of LGPL'd components out there that you can reuse without having to GPL your own code. And if you want to use something in a way that would require you to GPL your own work: deal with it.

      "Don't like, don't use." You don't have any inherent rights to it; you have exactly the rights spelled out in the license.

      > Here's a thought for you: The Open Gaming License is based on the GPL, but it has one important difference: you need to keep the actual derivations open and licensed, but not the rest of the game that wasn't derived from the OGL'd game at all.

      Good for them. Except that happens to be completely irrelevant to the point under discussion. The GPL isn't going to "infect" anything, and it isn't going to "make" anyone GPL their product. "Don't like, don't use."

      Microsoft is just scared shitless because in about 4 years the immense body of GPL'd code has gone from "under the radar" to "being adopted as a Microsoft replacement in high profile situations". They rightly conclude that they can't stand another four years of the same trend, so they latch on to the term that best misrepresents the nature of the GPL for their purposes.

      But if you think the GPL is "viral", you need to read the GPL for comprehension.

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re: "Viral" GPL FUD. by Black+Parrot · · Score: 4, Interesting


      > Neither of your suggestions work.

      Sure they do.

      > "Recursive" would mean that the GPL is explained in terms of the GPL.

      "Recursive" has uses other than recursive definitions. In this case "recursive" describes the operation of the GPL. The base cases are software that is written from scratch but placed under the GPL anyway.

      (OK, now that I think on it perhaps I should say "inductive" rather than "recursive", because the GPL, like induction, starts at some base case and goes on forever from there, whereas recursion starts at some arbitrary point and works toward a base case. nit = picked)

      > Transitivity is a property of relations as in: "if a is related to b and b is related to c then a is related to c". Since the GPL is not a relation it cannot be transitive.

      No, the GPL isn't a relation, but the transitive property is in fact a property of GPL'd code (barring license violations). Substitute "derived from" for your "related to" in your example, and you'll see why. (Notice that "derived from" is a relation.)

      More to the point, "viral" is not a property of GPL'd code -- at least not by virtue of being GPL'd.

      --
      Sheesh, evil *and* a jerk. -- Jade
  6. Media a semi-willing participant in clone fraud by GuyMannDude · · Score: 5, Interesting

    I'm not sure what frustrates me more: the fact that the media has been hyping the Raelians' claim of a human clone without any evidence whatsoever, or the fact that the media even seems to realize that they're being silly reporting this BUT DO IT ANYHOW! If the media had any self-respect, they would have learned from the previous hoax and not be covering this new Raelian claim so much. However, they seem perfectly content to give this UFO cult a world stage to prance around on. It's almost as though the media is a semi-willing participant in this (what I assume will be a) clone fraud. Oh sure, they claim they're just reporting "important news". But let's face it: it's really just a bunch of UFO nuts who have made an incredible claim without any evidence whatsoever. This is news? I think the media is just happy to cover this because they know they can milk this for awhile regardless of whether the story is true or not. So sad that our media is willing to whore themselves like this just to entertain the masses.

    GMD

    1. Re:Media a semi-willing participant in clone fraud by porky_pig_jr · · Score: 4, Funny

      Oh my God! 'Our media is willing to whore themselves like this just to entertain the masses' Is the world coming to its end or what?

    2. Re:Media a semi-willing participant in clone fraud by fizban · · Score: 5, Insightful

      When will people learn that the mainstream media is not interested at all in the truth value of news? They are solely focused on one thing and one thing only: entertainment value... which leads to more viewers, which leads to more advertising dollars, which leads to more profit.

      If you want truth, facts and knowledge, you go to non-profit organizations, public broadcasting and "alternative" media. Don't watch Crossfire. Don't watch Connie Chung. Don't watch NBC, CBS or ABC. And for God's sake, don't even think about watching Fox News. Those are entertainment news programs.

      I will say one thing, though. Print media still does a good job in my opinion, because they actually spend time researching their stories. Sitting down and reading through a whole newspaper, whether it's the New York Times, USA Today or the Wall Street Journal, can be a pretty good experience.

      --

      +1 Insightful, -1 Troll. What can I say, I'm an Insightful Troll.

  7. Register all trademarks in Turkmenistan by tlambert · · Score: 5, Funny

    Register all trademarks in Turkmenistan... that way, they'll end in ".tm"; you'll be happy that your trademark has been "exported to cyberspace", and we'll be happy that we can ignore you.

    -- Terry

  8. Interesting "news" by M.C.+Hampster · · Score: 4, Interesting

    I find it said that increasingly stories labelled as "news" are obviously editorialized descriptions of recent events. Take for a few quotes from the article about the Dark Materials triology:

    With the sponsorship of the Bush administration, it has laid siege not only to American medicine, politics and academe - making Adam and Eve scientific fact in Kansas - it has also declared holy war on literature, targeting books written for young people.

    and

    Its messages militate against every branding iron that America's Christian right would forge on its anvil.

    How can this kind of stuff even pretend to be "news"? Is it just because the story is talking about Christians that it gets away with this kind of writing around here?

    --
    Forget the whales - save the babies.
    1. Re:Interesting "news" by dubl-u · · Score: 4, Insightful
      How can this kind of stuff even pretend to be "news"? Is it just because the story is talking about Christians that it gets away with this kind of writing around here?

      Yes, you Christian infidels, vastly outnumbered, will soon be rounded up and turned into Soylent Green, just as soon as we finish taunting you. Or not.

      Meanwhile, back in reality, you could recognize a few facts:
      • News need not be free of viewpoint - A journalist friend of mine tells me that 'objective', viewpointless news was more or less a marketing invention of the US wire services, so that the could sell to a broader range of papers. The pusuit of 'objective' news yields mainly hidden biases and stupid writing, where 'balance' consists of quoting people on both sides of the issue. What news should be is honest and free of bias, not utterly without viewpoint.
      • Other countries do it differently - In the US, the newspaper industry has collapsed into, for the most part, local monopolies obliged to be inoffensive. In London, the home of the article you mention, they have a variety of newspapers, each with its own political viewpoints. The Guardian is known to be pretty lefty.
      • Not everything printed in a newspaper is news - Columnists, reviewers, pundits and other sorts of experts are generally selected specifically for their opinions. This appears to be just such a piece.
      Reading it, I don't see anything factually incorrect, even in the quotes you mention. The Christian far right has been openly gleeful about the election of the current Bush. They indeed see it as an opportunity to push their cultural, religion-driven agenda, and have not been exactly secret about it.

      Please note that not all Christians are of the Christian fundy right that the author is describing. I hear that some of them even secretly voted for Al Gore.
  9. A little Alanis please... by nsample · · Score: 5, Insightful

    I bet there's money to be made if someone can come up with cheaper means of settling such disputes.

    How damnably ironic can Timothy be (without trying to be)? The whole point of the $1000 fee is that there's money to be made. You know how much money? Right about $1000, minus expenses. *sigh*

    The reality is, the $1000 fee goes towards two main purposes, neither of which is profit. The first is to cover a relatively expensive process (yes, flame on, I know that you would arbitrate and manage claims for free). The second reason is to provide a barrier to entry. "Barrier to entry" sounds evil to most knee-jerk thinkers, but this one is a good barrier. Trust me, I would file claims against every company I didn't like in the world if the fee was only $1. I would have fun with the system. So would everyone else. The $1000 price tag makes me think a bit more before I challenge for a domain name that is "rightfully" mine.

  10. Cheaper solution by frovingslosh · · Score: 4, Funny

    I'll settle any such disputes for $500. Each party agrees to abide by the decision and hold me blameless.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  11. Inexpensive alternative by Sloppy · · Score: 5, Insightful
    but I'd still like to know -- are there inexpensive alternatives?
    Of course there is!

    All you have to do is: don't be hung up on your domain name being identical to your trademark name. Almost nobody's is.

    If your trademark is non-descriptive (e.g. nothing about the name "Levi" indicates they sell jeans) then it might really collide with someone else somewhere else in this big world. At best, it might be ambiguous and vague. Maybe combine your trademark with something descriptive, and you could even end up with a better domain name than your vague trademark. (e.g. Which is a better domain name: levi.com or levijeans.com?)

    Or if it absolutely must be the same, then use a different TLD. You probably don't have a TLD in your 20-year-old trademark (e.g. that company in Redmond is not named "Microsoft Dot Com") so you had little hope of getting an exact match on the whole string anyway. The original purposes for many of the TLDs are long forgotten and unenforced, so just pick any of 'em, whatever looks pretty. Whatever. You might be surprised at how many websites are not actually hosted in Tuvala.

    If there's no dispute, then there's no expense. You can't get more inexpensive than that.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  12. Re:The more the entertainment industry fights this by NoMoreNicksLeft · · Score: 5, Funny

    Actually, why not abandon the internet? I am working on a replacement after all... I would like to have been able to keep the internet for myself and those like me, but it was stolen from all of us years ago. I'm sorry, but I don't want to be living on an internet "reservation" (apologies to native americans) which just happens to be only those parts no corporations wanted.

    Oh, and since I never made this obvious... I not only don't mind the idea of alternate Meta's, I think it would be good to have several distinct/seperate Meta's in existence. So if you think you have what it takes, build your own!

  13. Re:Dark Materials by rgmoore · · Score: 4, Insightful

    Try reading what he said. He didn't say that he had forbidden his daughter from reading the books, just that he had declined to give them to her. Just as the daugher has a right to choose which books she wants to read, the father has a right (and obligation, IMO) to exercise his judgment about which books he wants to give her. My niece is about that age, and I support her right to read Mein Kampf if that's what she really wants to do. But when it came time to buy her a Christmas present, I decided that I had better things to spend my money on and bought her Cardcaptor Sakura instead.

    --

    There's no point in questioning authority if you aren't going to listen to the answers.

  14. are they infringing your trademark? by Dr.+Awktagon · · Score: 5, Interesting

    A small company I work for has discovered that a domain name has been registered with their U.S.-trademarked (since 1980) name. Requests to the owner of the site (a U.S. citizen) have gone unanswered, so we're now moving on to filing an ICANN dispute.

    People like you worry me. You didn't say they had any kind of a web site, only that they registered the domain.

    I hope you meant that "they had a web site up that might confuse our customers" or "we have a famous mark and they are diluting it" or something like that. Not just that your trademark is stored on some hard drive at the domain registrar database and you really would like it for yourself.

    I have a couple domains with short non-word names that I registered many years ago. For a while I had a stupid "hello, here are links to my friends' home page" kind of thing, but decided I would just use them for email, which I do.

    And I occasionally wonder if some low-life that wants the name is going sue me (or even worst, arbitrate me) just because he wants the domain, and not because I'm actually affecting his business. In court that would be easy to win, but in arbitration I would probably lose.

    Heck, that low-life might be YOU (though I doubt it since my contact info is up-to-date and I haven't seen any messages about them).

    Please, register your domain in .biz or something for now and don't sue this guy unless he is actually *infringing on your trademark* or he bought the domain *in bad faith*. I don't know how generic the term in question is, but if it's something generic like "ProComputers.com", I doubt it's bad faith.