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.
And why do my posts start at 1 all of a sudden. The worlds gone mad, and I never noticed.....
A lot of users (like me) buy hardware often. If a device doesn't have official support for Linux, I am less likely to buy it... If the kernel doesn't even recognize it... well, they aren't gonna be selling me one.
I can't see how this group is going to come out ahead by doing this. The small amount of money the y (might) take in selling the information is going to be dramatically offset by the much larger amount of money their sponsors/patrons lose in sales.
Just change every instance of 'PCI' on the webpage and documentation to 'Peripheral Component Interconnect' with the first letter of each word much larger than the others.
-- Give me ambiguity or give me something else!
It never ceases to amaze me how easily technology organizations shoot themselves in the foot. Let's punish the developer community making our standards-based hardware more valuable!
That also begs a question - does trademark allow you to prevent use of a word totally or just for marketing purposes. I seem to remember from school that suing someone claiming their product was "a PCI card" that wasn't licensed to do so is one thing, but saying "this card works in PCI bus systems" is quite another... and not actionalble.
-- $G
The trademark was granted only three months ago. It states on it that first use was Dec '94.
Does it really take eight years to file a trademark, or does this seem more like something they did specifically so they could sue other people? Maybe this guy is just the poor test case. Try it on him and if it works, go for a bigger fish...
(Score: -1, Stupid)
In the true slashdot tradition, I did not read the article, however:
* PCI is kind of like "kleenex"; It's a common-place word that is used to describe something, usually not a company or organization. If I recall correctly, there was a legal ruling about pretty much this same situation, the plantif being Kleenex. The court did not rule in Kleenex's favor.
* If we really want to get nitty-gritty about it, couldn't he just replace every instance of "PCI" in his site with "Peripheral Component Interconnect bus", thus (all be it wordy) technically describing the DEVICE, and not using the "trademarked PCI name"?
* How does this fall under the "please don't buy our hardware dept."??? It doesn't seem that PCI-SIG even SELLS hardware.
If you look at the PCI-SIG home page you'll see a little animation mentioning that "Board members are members of the following companies...".
Guess who shows up at the top of the list when you follow the link?
Chair
Tony Pierce
Microsoft Corporation
Well. That explains a lot.
This article needs to be on a few more websites,
I'd say change the name and thumb your nose at them... this is too valuable a service to lose to some copyright holder and their nitpicking attorneys.
Even if a man chops off your hand with a sword, you still have two nice, sharp bones to stick in his eyes.
Unfortunanlty, when dealing with something like this there has to be a paper trail. SO if they just call him up, and somehow it turns into a big issue they could find themselves in a position where they shot them selves in the foot. Is it right that they lawyers need to get involved and draft a legal letter, no. However it's what they NEED to do for legal reasons. The way I understand this, he was offering a great service, they had a small problem with some of the format he presented the info, they come to him in a legal way to try and get this resolved (nicely) and he desides to shut down his service. Why is he shutting down? Sounds to me like he's shutting down out of spite. Now that's a good response, punish everyone else because your ego got bruised becasue someone else did something the proper way. I know, SOMEONE is gunna feel the need to modify this a flamebait, and if that's how it goes fine. The point i'm trying to make (which is not flame bait) is that there doesn't appeard to be any LOGICAL reason for this service to go away, it just needs a few changes which would probbly take almost no real time to make.
I'd suggest (IANAL) that he simply remove any copies of the PCI logo and put up a disclaimer that he has absolutely no affiliation with the PCI-SIG group other than the fact that they tried to shut down his website and hi-jack the database from him.
OS Software is like love: The best way to make it grow is to give it away.
I notice that Tony Pierce of MS is on the Board at PCI-SIG. You may wnat to point out that their Knowledge base article q298837 points customers to www.yourvote.com/pci in order to ID unknown devices. I wrote the article and KNOW for a fact it is used daily be MS support techs while assisting customers.
~Z