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.

Comments

What's the problem?

[evilviper]

Remove the logo, and change the names to ``Computer Accessory Cards" or something else not copyrighted.

Re:What's the problem?

[boinger]

Because it still supports them.

His work helped guide people to use PCI. He spent thousands of dollars out of his own pocket for the love of a product. The owners of that product thanked him for 6 years of work by kicking him in the nuts.

So, maybe you like taking it over a barrel like that, but he doesn't (nor would I).

Re:What's the problem?

[Squirrel Killer]

Because it still supports them.

Well, given that this is /., I'll forgive you that you didn't read the C&D letter. PCI-SIG's beef with Jim's site is that his "...use of PCI-SIG's trademarked name and logo on [his] website is likely to cause confusion in the marketplace..." All they ask is that he stops using the name PCI, the logo, and similar designations. Nowhere does PCI ask that he discontinue the service. Indeed, they even suggest the possibility of continuing the service as-is through his employer (IBM) which is a partner in the PCI-SIG. So instead of playing nicely and continuing the service changed only so that he's not using someone else's trademark, Mr. Boemler goes off on a little profanity-laced tirade. Talk about taking the ball home with you...

-sk

Re:What's the problem?

[bradm]

Well, given that this is /., I'll forgive you that you didn't read the C&D letter. PCI-SIG's beef with Jim's site is that his "...use of PCI-SIG's trademarked name and logo on [his] website is likely to cause confusion in the marketplace..." All they ask is that he stops using the name PCI, the logo, and similar designations.

Well, given that I did read the letter and the site:

Jim's beef with the PCI-SIG is that they didn't have the courtesy to contact him before resorting to lawyers. I think that's reasonable. Perhaps instead of responding to your post, I should hire someone to knock on your door tomorrow morning at 5:30am and scream "Your post was ignorant!". See the difference?

In any case, after ignoring his prior offers of assistance and insulting him, the PCI-SIG needs to offer to buy the list from him, say for about the amount of money he's spent hosting it all these years.

Re:What's the problem?

[SnapShot]

I'm afraid I have to disagree...

Senario 1: Hi Mr. Web Site Maintainer. We here at Fantasy PCI-SIG need to protect our copyright. Please remove your logo since it may cause confusion in the marketplace. This is a purely legal decision because we both know that the "marketplace" knows the difference between your database and our product, but, unfortunatly the lawyers made us do it. We apologize for the inconvienece and please keep up your good work.

Senario 2: Yo. We will sue you. You mean nothing to us. Our lawyers are fed on the blood of babies and will leave you and your family destitute. We know where you live. We know where you work. When we are through with you your parents won't recognize your corpse.

What was described was senario 2. Maybe I have a thin skin, I'd "take the ball home with me" as well if faced with that kind of letter. This is another case of attacking with lawyers when a little bit of respect would have achieved a far better end.

Call a lawyer

[victim]

Oh for pete's sake. Don't have a tizzy.

Check with a lawyer first, but it probably just comes down to.

• Get rid of the logo. You do not have permission to use it and do not need it.
• Continue to use the word "PCI" but note that it is a trademark of the PCI-SIG.

Re:I mean, c'mon now, really

[GreyPoopon]

I guess not, especially when there is money to be made.

They aren't asking for any money. In fact, this is one of the most amicable cease and desist letters I've seen. The letter didn't state anything about the information. They were merely defending their trademark. The letter basically offers two valid options. They can either try to come to an agreement to post this information on the legitimate PCI site, or they can remove all "confusing" references to PCI-SIG. Basically, the company just doesn't want its customers to think this is a site that they sanctioned. What am I missing here?

Re:They invited him to continue his website

[LostCluster]

Right intent, very wrong presentation.

Imagine if an IBM exec called him up, and invited him into his office. The exec then thanks him for his hard work on the site, and says that the PCI-SIG is interested in interested in turning it into an official site of the organization, and is willing to pay him $25,000 to take ownership of the site, promises to give the site a good home on servers that they'll pay for. If he accepts, IBM will offer to maintain the site for the PCI-SIG, and his job responsiblities will be changed so that he'll still be the editor of the site, but now on it'd be on company time with access to IBM's PR and legal resources to help him.

Just treat people with a little respect, and they're more likely to do what you want. Give the money that you're spending on the lawyer to write the C&D to the guy who actually did all the work, and they'd have exactly what they wanted. Instead, he took the C&D at face value and ceased and desisted. Talk about wrong tool for the job...

Re:I mean, c'mon now, really

[bear_phillips]

They could easily have defended their trademark by just giving him permission to use it. Or they could have just called him on the phone. The problem is they sent a shot across his bow by calling an attorney.

What your missing here, is the guy is upset because he has done a service that has helped PCI. When they had a problem with him, instead of just giving him a call on the phone, they send in the lawyers.