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The End of the Free PCI Device List (Update)
imann writes "For many years, Jim Boemler was the maintainer of a free PCI device table which reference all the PCI ID's of PCI Devices. This service is used by Free Operating Systems for keeping up to date their pci device list. That was a very usefull service for us (i was working in a Linux distro in the hardware suport team). It was wonderfull until the PCI-SIG had their lawyers cease and desisted him to stop this service because of the use of the PCI logo AND name ! You don't have the right to use the three letters P,C,I ! Incredible... So he was forced to close his website.
This is a incredible loss for the hardware support in the Free Software world. I hope PCI-SIG will change its position !
Please support Jim." A friend emailed me to point out that many /.ers have been emailing the wrong person to complain....read on for details...
Jamal wrote, "The story you posted is causing us a headache. Our CTO, Alan Deikman is being bombarded by emails from people reading that story.
Alan is not the person in charge of the PCI SIG, his only sin is that Znyx
did host the PCI sig in the early 90s and he was the list maintainer. This
was a gracious act and should not be rewarded the way it is now. Infact he is
trying to help the gent with that website to see if things get resolved." Alan's email was posted on the page we linked to, erroneously.
let their public relations firm know..... from the webpage before they take it down.... {posting anon since the company I work for is a member.... we will also let them know through our own internal channels... but here goes]
[http://www.pcisig.com/membership/contact_us]
General and Administration:
PCI Special Interest Group (PCI-SIG)
5440 SW Westgate Dr., #217
Portland, OR 97221
Phone: 503-291-2569
FAX: 503-297-1090
administration@pcisig.com
Media & Analyst Contact:
Lisa Sherwin
VTM Public Relations
Phone: 503-297-3704
Fax: 503-297-1090
lsherwin@vtm-inc.com
OK, first, if he's using the "official" PCI logo, fine, stop using it. Understandable if he didn't get rights to the name.
Second, if he uses the word PCI, they surely can't stop him from just using it (which is a lot different than naming his site PCI something or another). i.e. If his site is the "Free List of PC Addon Cards" and he states within his site that the add on cards are restricted to those supporting PCI, then I can't see how they can bust him for that.
Third, in the C&D letter, they end it by saying that they recommend that he figure out a way to possibly have his site under the auspices of PCI-SIG. So fine, they aren't opposed to the concept of the site and they appear (at least on the surface) to be willing to work with him. So it doesn't appear to me to be quite as bad as everyone is making it out to be. Now if they were saying that he couldn't publish the information contained within the site, now THAT would be worthy of outrage.
Have you reported this to Chilling Effects?
Search their database for the various notices. You're probably not alone. Others can probably give you advice on where to turn...
Microsoft's Tony Pierce is currently the Chairman of the Board of Directors what better way to stem the tide of Open Source than to remove a valuable reference tool.
PCI-SIG Board of Directors
Neutrons are slippery little rascals, they can fool you. They can bounce and show up around corners you don't expect.
Contact PCI-SIG
General and Administration:
PCI Special Interest Group (PCI-SIG)
5440 SW Westgate Dr., #217
Portland, OR 97221
Phone: 503-291-2569
FAX: 503-297-1090
administration@pcisig.com
Media & Analyst Contact:
Lisa Sherwin
VTM Public Relations
Phone: 503-297-3704
Fax: 503-297-1090
lsherwin@vtm-inc.com
---
Snail-mail or phone calls are the only things that'll make a difference.
The roots of education are bitter, but the fruit is sweet.
--Aristotle
Maybe you should read it again... as to the sponsorship, affiliation, or endorsement of the website by PCI-SIG
They "request" he work through his employer (IBM) to "investigate" basically handing over the database to PCI-SIG for their own website. They didn't say anything about him retaining control, IBM having control, or IBM publishing the website. They make it very clear that they do not want him to continue hosting the listing.
As for their claims of confusion in the marketplace, I find that very unlikely. His database has been around for a long time and no one has confused him as the PCI-SIG. This isn't the only database or listing of vendor and device IDs. Furthermore, no one can confuse these lists with an official PCI-SIG list as there isn't an official list.
I got this reply from Alan Deikman
To pci-sig list members and other individuals in the blind-cc to this message.
I am receiving quite a few e-mails about the situation with Jim Boemler's web site, which he has felt compelled to take down. I wasn't aware of this situation until the first of these e-mails arrived, and having looked into it I think the situation is as outrageous as obviously many of you do.
However, you should all be aware that neither I personally, or my company ZNYX Networks has anything to do with this situation. ZNYX Networks is not currently a member of the PCI SIG. We allowed our membership to lapse a number of years ago since it was obvious we were not going to be active in any standards setting efforts. As for me or any employee of ZNYX Networks, we are not now or ever have been an official of the SIG. If you read Mr. Boemler's web page more carefully, you will note that he does not list me as anything other than a possible contact, since he mentions he is not clear who should be contacted, other than the "shark" that is doing the legal work.
We have e-mailed Mr. Boemler (and cc'ed this message) to clarify our position, and I will offer any aid I can.
To clarify our position, we run the pci-sig mailing list as a general service to the community as a whole the same way Jim Boemler does (did) his web site. Back in 1992-3 when we first started, there were much fewer people around who could set up a mailing list so we did it. As with Mr. Boemler, we don't get paid for it, and we have offered to turn the work over to the SIG since we felt that it is more properly a SIG service, but so far there has been no positive reply. Now I am wondering if I am going
to get a present in the mail like Jim did! (I really don't think that
will be the case, since we don't do a web page, but the parallel is
evident.)
To any REAL PCI-SIG officials: would you care to post a comment?
Alan Deikman
ZNYX Networks, Inc.
Here's what Alan Deikman, the list admin for the pci-sig mailing list has sent to the pci-sig list as well as individuals who contacted him regarding this issue.
--
To pci-sig list members and other individuals in the blind-cc to this
message.
I am receiving quite a few e-mails about the situation with Jim Boemler's
web site, which he has felt compelled to take down. I wasn't aware of this
situation until the first of these e-mails arrived, and having looked into
it I think the situation is as outrageous as obviously many of you do.
However, you should all be aware that neither I personally, or my company
ZNYX Networks has anything to do with this situation. ZNYX Networks is not
currently a member of the PCI SIG. We allowed our membership to lapse a
number of years ago since it was obvious we were not going to be active in
any standards setting efforts. As for me or any employee of ZNYX Networks,
we are not now or ever have been an official of the SIG. If you read Mr.
Boemler's web page more carefully, you will note that he does not list me
as anything other than a possible contact, since he mentions he is not
clear who should be contacted, other than the "shark" that is doing the
legal work.
We have e-mailed Mr. Boemler (and cc'ed this message) to clarify our
position, and I will offer any aid I can.
To clarify our position, we run the pci-sig mailing list as a general
service to the community as a whole the same way Jim Boemler does (did) his
web site. Back in 1992-3 when we first started, there were much fewer
people around who could set up a mailing list so we did it. As with Mr.
Boemler, we don't get paid for it, and we have offered to turn the work
over to the SIG since we felt that it is more properly a SIG service, but
so far there has been no positive reply. Now I am wondering if I am going
to get a present in the mail like Jim did! (I really don't think that
will be the case, since we don't do a web page, but the parallel is
evident.)
To any REAL PCI-SIG officials: would you care to post a comment?
Alan Deikman
ZNYX Networks, Inc.
In fact, this is one of the most amicable cease and desist letters I've seen. ...except that they have no legal justification beyond the mark for their claims.
."
This fellow is using PCI descriptively, not branding:
" Pursuant to 33(b)(4) of the Lanham Act, a defense to a claim of trademark infringement exists where:
(4) the use of the name, term, or device charged to be an infringement is a use, otherwise than as a mark . . . of a term or device which is descriptive of and used fairly and in good faith only to describe the goods or services of such party, or their geographic origin. . .
But more importantly, although I can't find a reference, you can't violate a trademark if you are not a commercial concern. I can call that box of facial tissues Kleenexes all day long and there's nothing legally that can be done about it.
Ooh, a sarcasm detector. Oh, that's a real useful invention.
Call him. Talk to him. Once an agreement is reached, bring in the lawyers to say, "Here is a contract for you to sign saying that you agree to the terms you already agreed to verbally."
There's your paper trail.
If negotiation above fails, THEN send in the lawyers. Lawyers aren't so bad when you're expecting them and they're simply finalizing something you've already negotiated.
My dad used to work for the intellectual property division of a large company. (Now retired, and consulting in the same field.) Almost all contact with other companies started with a phone call from him or a polite letter saying in effect, "Hey, you seem to be infringing one of our patents. Let's talk about this to see if we can reach an agreement." If that failed, THEN the lawyers were called in. But in 99% of cases, the lawyers were only called in to tie up loose ends and finalize an agreement after a few rounds of negotiations between non-lawyers.
retrorocket.o not found, launch anyway?
Help save the critically endangered Blue Iguana
There's been quite an outpouring of support for me and the Lists since I took them down two days ago. I'm gratified by that -- it's nice to know that what I've been doing has been of benefit to people.
I've spent the last hour or so talking with the President of the PCI-SIG. He's been very gracious, and has accepted responsibility for the lawyer's actions (though more due to his inaction than a desire to get the lawyer involved). We will be meeting next week to discuss how to proceed. While I still consider the net effect to be pretty outrageous (at least until measured against the rest of our litigious society), I want to stress that the President didn't start this ball rolling consciously, and is making a good faith effort to find a reasonable solution.
The SIG has been flooded by mail on this issue, enough that it's keeping them from doing their real work. They really have gotten the message from the PCI community at this point, so I'd ask you to think twice before sending them more mail on the subject. I'll keep the web site updated as things progress.
jim