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Firebird Name Debate Enters a New Stage

An anonymous reader writes "As many readers will know, mozilla.org was asked to change the name for their standalone browser, Phoenix as another browser had the same name. After months of discussion, the new name was announced as Mozilla Firebird. Despite the new name being approved by AOL Legal, supporters of the FirebirdSQL database were quick to object (though the name is also used by many other people). A coincidentally named supporter of FirebirdSQL, IBPhoenix, put up a slightly immature request for their readers to participate in mass posting campaign targetting mozilla.org developers' email accounts, newsgroups and even forums at independent sites such as MozillaZine and Slashdot. FirebirdSQL's official site later reiterated this message. However, IBPhoenix have now declared this shock-and-awe stage of their campaign over, heralding it a success. Their second stage calls for a more focussed email protest at just two of mozilla.org's members: Mitchell Baker (mozilla.org's leader) and Asa Dotzler (announcer of the name change). In addition, they ask their readers to move away from 'derogatory messages' and to show more 'courtesy'. Unsurprisingly, the beleaguered admins of affected sites such as MozillaZine have welcomed this change of direction. This is getting very interesting!"

20 of 683 comments (clear)

  1. "Interesting" My Foot by Anonymous Coward · · Score: 4, Insightful

    This shows how hostile some members of the OSS crowd can be over something so simple as a name.

    This is the same crowd that gets excited when corporations try to take domain names from people who have had them for years. Using this same logic, shouldn't Mozilla switch their name since FirebirdSQL used it first? Prior art and all...

    This kind of petty (it's just a name), inmature (flooding people's e-mail), public arguing is one of the reasons Linux isn't getting the acceptance it should.

    1. Re:"Interesting" My Foot by Cl1mh4224rd · · Score: 5, Insightful
      Using this same logic, shouldn't Mozilla switch their name since FirebirdSQL used it first? Prior art and all...
      Using this same logic, shouldn't FirebirdSQL switch their name since Pontiac used it first? Prior art and all...
      --
      People will pass up steak once a week, for crap every day.
    2. Re:"Interesting" My Foot by RajivSLK · · Score: 5, Insightful

      This kind of petty (it's just a name), inmature (flooding people's e-mail), public arguing is one of the reasons Linux isn't getting the acceptance it should.

      Why do people feel the need to drag Linux into every OSS related spectacle?

      This issue has absolutely nothing to do with Linux. Stop trying to drag every OSS project under one big Linux umbrella.

      (P.S. For everyone reading please don't reply regarding the acceptance of Linux and Mod this obvoius troll down.)

    3. Re:"Interesting" My Foot by bmj · · Score: 4, Insightful

      This issue has absolutely nothing to do with Linux. Stop trying to drag every OSS project under one big Linux umbrella.

      Well, if you're involved in the OSS community, then you know this has nothing to do with linux. But for any manager that might get wind of this *discussion*, they WILL associate it with linux. For most people outside the tech industry, OSS == linux. This will give OSS and linux a bit of a bad of name if the pointy-haired types read about it.

      --
      Whereof we cannot speak, thereof we must be silent. --Ludwig Wittgenstein
    4. Re:"Interesting" My Foot by Quarters · · Score: 4, Insightful

      (sigh...) Once again, class... "Prior Art" is for Patents. There is no such thing as "prior art" for trademarks or copyright. Any work is copyrighted at the time of creation. Trademarks must be applied for. Multiple products, companies, etc... can have the same trademarked named---as long as they don't compete in the same market space. For instance, if I started making beige-box computers and called them "Apple Computers" I'd be talking to some lawyers from Cupertino pretty quickly. If I made ball point pens and called them "Apple Pens", those same lawyers might try to coerce me to change the name, but there is no legal reason I would have to. I don't think a database and a browser are all that similar, personally. I don't think the FirebirdSQL team has much of an argument. That is, assuming they've bothered to trademark their name.

  2. Shock and Awe? by Jason1729 · · Score: 5, Insightful

    If it were my choice, the childish email campaign would just make me more determined to keep the firebird name. Sending offensive messages to people who have nothing to do with the name change is no way to get things done. Maybe AOL can send it's lawyers after IBPhoenix for DoSing them. They can easily show damages in lost developer time deleting the messages and extra load on their mail server.

    Jason
    ProfQuotes

  3. One Man's Opinion by BurritoWarrior · · Score: 4, Insightful

    I do not think that the Moz team should use Phoenix. Even though it probably passses a legal litmus test, as they are very different products, that doesn't mean they should continue to use it.

    I think it would be nice to show some respect to another open source project which precedes yours. I am sure that if the database guys called their product MozillaDatabase, the Mozilla team wouldn't be very happy, and I am sure there would be an outcry on Slashdot. Or better yet, how about Microsoft changes one of their product to the name Phoenix. How about instead of MSN Messenger they call it MSN Firebird? Would everyone here tell the Firebird/Moz team to "quit crying"?

    I guess the summary is, just play nice with others and change the name out of courtesy for others.

  4. Non-story by Anonymous Coward · · Score: 5, Insightful

    The use of the name in this case is non-confusing and the SQL people with their database have no basis for interfering with the Mozilla people and their specialty browser. The only reason Phoenix had trouble was that the BIOS maker also had actual browser functionality being marketed under the Phoenix name. This sameness does not apply in the case of FireBird. To conclude, someone should bitch-slap these children for running a spam campaign to annoy one group of open-source programmers to change their non-similar project's name. What would be appropriate at this stage is if the SQL folks would give up their name as contrition for their inappropriate steps.

    1. Re:Non-story by Selanit · · Score: 4, Insightful

      There are two issues at hand here: legality and politeness. It is certainly legal for mozilla.org to choose and use the name Firebird for their browser -- it is indeed difficult to confuse a browser for a SQL server. It was also, however, impolite of them to do so without even taking the time to send an email to the FirbirdSQL people saying "Hey, we'd like to call our browser Firebird. You cool with that?" After all, it's not as if there's no similarity between the projects. They do different things, sure, but they're both open source, they're both computer programs, and sometimes you use a browser to access a SQL database. Fairly often, in fact.

      And don't tell me that the name-choosers were unaware of the SQL project. It took them, what, four months to pick this name? Or was it five? Five and a half? And in all that time, these inveterate computer geeks never even typed the word into Google? (As of this writing, the FirebirdSQL project still tops the list of results for that search.)

      It's not as though there's no precedent for two OSS projects to share a name. Look at Gentoo the Linux distro and Gentoo the file manager. At the very bottom of that second link you'll find a little note from the developer of the file manager saying "Gentoo the Linux distribution has nothing to do with gentoo the file manager, except the latter runs on the former. I actually used the name first, way back in September 1998. I've been in touch with the Gentoo folks, and we're cool."

      So, ultimately, the parent post is only partially right: the legality of this move is a non-story. The story lies in the fact that the name change was made in an impolite way, apparently without any attempt to contact the FirebirdSQL group at all. Would it really have been so hard to have sent that email? They could even have exchanged reciprocal links, so that anybody who did get confused would easily be set straight. In the initial announcement of the name on the MozillaZine forums, Asa Dotzler (sp?) wrapped up with the words "Hopefully this will be the end of naming legal issues for a while." Well, he got his wish -- about the legal part, anyway.

    2. Re:Non-story by rherbert · · Score: 4, Insightful

      mozilla-firebird-1.5-7.rpm
      firebirdsql-1.0.2-908. rpm

      That's confusing?

  5. "With my last breath, I stab at thee" by Anonymous Coward · · Score: 5, Insightful

    "Despite the new name being approved by AOL Legal, supporters of the FirebirdSQL database were quick to object (though the name is also used by many other people). A coincidentally named supporter of FirebirdSQL, IBPhoenix, put up a slightly immature request for their readers to participate in mass posting campaign targetting mozilla.org developers' email accounts, newsgroups and even forums at independent sites such as MozillaZine and Slashdot. FirebirdSQL's official site later reiterated this message. However, IBPhoenix have now declared this shock-and-awe stage of their campaign over, heralding it a success. "

    Sounds similiar to tactics we hear around here, when it's a company or person we don't agree with. How many times have we heard "everyone E-mail them" or we're going to "/." their site?

    Sounds like bad karma coming home to roost.

  6. It's a moot point. by Ambiguous+Coward · · Score: 4, Insightful

    It's all foolish. If they called it FirebirdSQL, that would be one thing. But the word "firebird" is still free use. Just like how we can stil call windows windows, even though Microsoft would probably try to claim otherwise, given the chance. But, since you can't claim a word like that as your own, we have windows, instead of "transparent-but-solid wall portals." Same goes for firebird. Besides, it also helps that they're different products. You can legally claim it as infringement if they name their product the same (or similar) to yours *if* it's the same (or similar) product. But, in this case, they aren't the same (nor similar). Nobody will confuse the two. They can call it firebird if they want to.

    --
    Their may be a grammatical error, misspeling, or evn a typo in this post.
  7. Ok, here's the thing by Sycraft-fu · · Score: 5, Insightful

    First, minor correction they are chainging it FROM Phoenix (to Firebird) not TO Phoenix.

    Now, the real thing is that people need to stop getting to damn defensive over names. The browser Phoenix had a legitimate beef, I mean you have two browsers of the same name. That is really confusing. However the SQL Firebird people need to sit down and shut up.

    Firebird is NOT an orignal name by any strech of the imagination. I can easily name one Firebird that predates both of them: the Pontiac Firebird (a car). When you pick a popular name, you need to be prepared for other people to use it as well. Also, if you aren't the first to use it, you certianly have no right ot bitch when someone else picks it up as well.

    Like I said, the Phoenix browser had a legit complaint. Here you had two of the same kind of product named the same thing. I can gaurentee GMC would raise hell if Chrysler introduced the Dodge Firebird car. However they won't mind about either the database or browser, as they are clearly different products.

    Hell, the same is true of Phoenix. In additon to being a mythical bird, it is also the name of the captial city of the state Arizona. I bet if you talk to most people and ask what they associate Phoenix with, it will be the mythical bird or the city, not the browser. It is not an orignal name and the city of Phoenix will not be screaming at the browser to change its name as most people can tell the difference.

    Unless you have a truly orignal name you really can't whine about people in unrelated fields using it too. After all, you borrowed it from somewhere else. Even if you do think up an orignal name (which Firebird is not) you still can't really complain if someone with an unrelated product uses it. After all, what is the harm? No one will confuse the two since they are different.

    However, so long as there are other, older Firebirds than the database, these people are just being whiny with no good reason.

  8. Sheer Pointlessness by Wtcher · · Score: 4, Insightful

    Trying to trademark the name "Firebird" is like trying to trademark the word "Sky" or the word "Video". Some of these SQL guys seem to have way too much time on their hands and I think they should relax - as someone else as said, they /are/ getting free publicity... and it really isn't as if the browser folk were creating another database. Personally, I was quite enamoured with the name Phoenix.

    Unfortunately, this sort of thing happens all the time in the business world. >_< The new thing, though, was the e-mail campaign - seems a tad childish because it needlessly makes it more difficult for the developers to keep up with other mail. The least they could've done was simply meet with eachother cordially.

    --
    ----- Wtcher Dragon, UDIC
  9. Are we missing the point? by baudtender · · Score: 4, Insightful

    Anyone who knows the recent history of how
    Interbase became Firebird appreciates just how
    wretched and bloody and ugly the final months
    were before it became open source. There were
    folks fighting tooth and nail to give this
    incredible product a fighting chance, and I have
    nothing but respect for what they have achieved.
    If you spend a couple of hours really, seriously
    researching what this product offers, you'll
    not only wonder how Borland could mismanage it
    as badly as they did, but also wonder why MySQL
    and PostgreSQL get so much press without being
    mentioned as an afterthought. If only a tenth
    of the resources were placed into Firebird as
    are placed into PostgreSQL, I seriously wonder
    if PostgreSQL wouldn't be largely abandoned
    within the next two years.

    This is a story about a beat up and exhausted
    small group of core supporters coming up with a
    name, and then, a year and some months later,
    just as they're really starting to get the code
    base they inherited under control and figured
    out, a much bigger and well known crew picks
    that same name. It isn't that the Mozilla team
    couldn't keep the Firebird name - it's that they
    shouldn't. It isn't that anyone will confuse
    a web browser with a RDBMS, it's that it's a
    completely unnecessary risk that anyone could.

    It's about essential respect in the open source
    community. The Mozilla crew could win this
    argument, partly based on sheer inertia, partly
    based on beleaguered opponents mounting an
    ineffectual fight, and partly based on the
    relative resources.

    But they shouldn't. And to anyone who spends any
    time at all researching the issue, the Mozilla
    group is clearly engaging in "friendly fire."

    I deeply respect both of these projects. It's
    time for both sides to raise the bar on what it
    means to fight for a common cause.

    Baudtender

    1. Re: Are we missing the point? by Mike+Shaver · · Score: 5, Insightful
      Anyone who knows the recent history of how Interbase became Firebird appreciates just how wretched and bloody and ugly the final months were before it became open source. There were folks fighting tooth and nail to give this incredible product a fighting chance, and I have nothing but respect for what they have achieved.

      From what little I know about the FirebirdSQL database, I have tremendous respect for their technical accomplishments, and the work they did to get their project off the ground.

      I do not have any respect at all left for their methods in dealing with conflict. There are a lot of people trying to guess what mozilla.org did or did not do in the search for a new name for Phoenix, and how mozilla.org will or will not use the name "Firebird". These are speculations that don't need to happen, since simply asking politely would have had the questions answered. Instead, the FirebirdSQL crew assumed malice and and "dirty deeds" and went straight from "hey, they're using the name Firebird as well" to "they're evil and we must mailbomb them into the ground, so that they see that we deserve the name more".

      I'm not involved in the day-to-day operation of Mozilla anymore, and I've been under email siege for days now. When this whole thing started, I was sympathetic to their emotional reaction, and interested in finding ways to mitigate the (incredibly small) chance of user confusion. Now, I don't want to have anything to do with the Firebird people at all, I no longer care much for their feelings, and I'm very unlikely to expend more effort in trying to reach some sort of outcome that makes them happy. Maybe that was their intent, but maybe I'm starting to understand why their dealings with Borland were so troublesome.

      (That they've had historic problems with names and legal issues and whatever other hell they, like any other large project, have endured might explain some of their IMO immature, self-damaging, offensive behaviour, but it sure doesn't excuse it.)

      Actually, the very first thing I did when I heard about the conflict was head to Google, where I found that searching for firebird turned up a pile of projects and products, firebird software was just as crowded, and firebird internet completed the trifecta of shared-namespace results. So my take was, and largely still is, that there's a community of projects using the name "Firebird", including many in the software and internet spaces, and that we would be N + 1 to their happy N. Nobody has yet made a convincing argument to me that it can't be the case, nor that FirebirdSQL's million-plus users and developers will disappear because FirebirdSQL is no longer the largest project using the name-part. And believe me, I've heard a lot of argument on this topic.

      If a name change is made -- which I find to be unlikely, and which makes the "only a name change will satisfy us" position of the FirebirdSQL people somewhat unfortunate -- I hope it's to "butt-head database".

      I am not speaking for mozilla.org here, in case that wasn't clear. I just think that the FirebirdSQL people could have done themselves a lot of good by approaching mozilla.org politely and explaining their concerns, before bitching to the press and inciting mail and forum-bombings, replete with ad hominem nonsense. At the least, they've lost themselves whatever meagre contribution I could have made to a peaceful resolution.

      Mike
  10. I have a question... by Znonymous+Coward · · Score: 4, Insightful

    Why not just call it Mozilla 2.0? Thats what is really is, the next major release of mozilla.

    Just a thought.

    --

    Karma: The shiznight, mostly because I am the Drizzle.

  11. Re:The new name by theedge318 · · Score: 4, Insightful
    I would encourage people to send rational requests to the people at IBPhoenix. (aharrison@ibphoenix.com) However I will admit that Trademarks are usually applied to an industry, and thus since both are in the computer industry, their is a debatable question. McDonald's can't complain about Jim McDonald's auto repair, but they can sue Bob McDonald's cookie stand.
    Below is the email I sent, outlining three points:
    1. They never objected to Mozilla's use of the Phoenix name
    2. They have failed to properly defend their copyrights/trademarks because they fail to properly demarkate any instances of Phoenix or Firebird on their website as being copyrighted or trademarked
    3. Pointing out the obvious fact: Pontiac had the name Firebird name first, and they have real legal clout to defend the trademark, but as the industries are different they know not to even bother
    Your requests to Mozilla that they manhandled they name change of their
    browser, from Phoenix to Firebird is totally uncalled for and
    inappropriate.

    1. As far as I have been made aware, you had never objected to the use of
    the Phoenix name for the browser, yet now they change to Firebird you
    decide to find objection. You have a stake in both the Firebird and
    Phoenix name, yet you only object to the use of one?

    2. You have no claim to the Trademark or copyright for EITHER Firebird or
    Phoenix. I have browsed several pages of your site, and find no instances
    of "(tm)" "trademark" "copyright" or "(c)" (done with the appropriate
    circle) claiming either the Firebird or Phoenix name to be your
    own. Those are most definitely required to defend/protect a
    copyright/trademark

    3. You are not in the browser business, so you can't claim a total
    hold on the "Firebird" name ... although I will admit your are
    both in the same industry(software) thus making the issue
    debatable.

    I would have hoped that you would have attempted a more rational discourse
    with the members of the Mozilla/Firebird Project. As you have no
    corresponding emails/letters/documenation or phone calls to corroborate
    your claim of legal strong arming, I can only determine that a complete
    rational discourse was not followed to fruition. If there was instances
    of "Redmondesque" strong-arming tactics, I would strongly encourage you to
    report dates/times/content of ALL communication you have with members of
    the Mozilla/Firebird Project.

    Thank you for your time ... I hope this is resolved in a manner amicable
    to all ... Also thank you to both sides for your wonderful contributions
    to free/open source (whatever your religion may be)
    --
    Sig Nazi- "No Sig for you, come back 1 year."
  12. What am I missing here? by frdmfghtr · · Score: 4, Insightful

    Am I missing something, or is everybody failing to see the forest with all the trees in the way?

    The issue appears to be what to call the stand-alone Mozilla browser. Why not call it simply...

    MOZILLA BROWSER?

    It's very clear what the product is, conflicts with nobody, and ends all this wasteful bickering. The solution is so frikking simple though that I MUST be missing something.

    --
    Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
  13. Okay, this is now getting *OLD*. by jonadab · · Score: 4, Insightful

    First it was Mozilla. Then it was Netscape. Then it was Navigator.
    Then it was Communicator, which contained Navigator and was produced
    by Netscape. Then it was Mozilla again. Then it was SeaMonkey.
    Then it was Mozilla again. Then they decided to split it up into
    Phoenix, Minotaur, and so forth. Then they renamed them to Firebird,
    Thunderbird, and who knows what. Now the name Firebird is in
    dispute... *ENOUGH*. No more name changes. Just call it "the
    Mozilla.org browser", "the Mozilla.org mailreader", and so on, and
    that'll be fine.

    --
    Cut that out, or I will ship you to Norilsk in a box.