Earlier quoted context omitted.
> Everyone knows the example of Spam. Please show an example of someone other than Hormel Foods Corporation marketing a meat product using any derivative of the name 'Spam' and getting away with it.
Spam was mentioned because it's a brand name that became generic because it wasn't protected aggressively enough. Coke, Xerox, and Kleenex are other classic examples of brands that are commonly used generically, and the company owning their trademarks must aggressively send threats (that they rarely follow up on) just out of legal necessity.
I've Just Liberated My Modules
511–520 of 827 posts
Re: I've Just Liberated My Modules
#512Earlier quoted context omitted.
So we need gpg signed packages :> And... all packages should be namespaced under the author who published them. And... I kind of want to say "once it's published, it's forever".
That's a good idea, but what if Kik lawyers come knocking on your door saying that you're breaking the law and this package cannot stay there forever, or for any moment longer?
Re: I've Just Liberated My Modules
#513Earlier quoted context omitted.
Bleh, involving brand names or trademarks or whatever on a library that doesn't even seem to be commercial is a pretty dick move to begin with. And his protest is against npm, who allowed someone to appropriate his work. The users are collateral damage, but really, can you blame the guy? Given the circumstances, urging users to ditch npm isn't a bad idea.
The thing about trademarks is if you fail to defend them, they can be considered "weak" and you can lose your rights to it. If you have a trademark and it's important to you, it's in your best interest to defend it so you don't lose it. It doesn't matter if it's a "dick" move or not, or if the infringement was non-commercial, he was messing with their trademark, and if they want to keep it they have to actively defen…
Re: the common refrain that always pops up with these stories about how companies are "forced" to defend their trademarks lest they lose control of them
The issue I have with this argument is that, while I accept that it's largely true that once you try to obtain a trademark in a given domain that you have to defend it, nothing is forcing anyone to overbroadly define the reach of their trademark. Kik is a mobile communication app company without a household name, whose name is an obvious web2.0 style construction (so not unlikely to be replicated by chance) who asserts that their trademark applies to the entire software industry[1]. Kik elected to enter that difficult to defend position, and that's a common decision among companies that get negative press for overaggressively asserting trademarks. These companies are culpable for the social impact of their strategic decisions, and so I have no issue with blaming them for the results.
Asserting a not particularly creative trademark like Kik for the entire software industry was an aggressive stance in the first place, so I don't think that the apparent fact that you can't let competitors blatantly use your trademark without defending it absolves them of culpability here.
When you try to defend a trademark against a tiny, not-for-profit non-competitor, you come off as an entitled bully. Companies should take that into consideration when staking out their trademark territory. It works for some (Trump's hard to avoid here, and at one point it looked like Palantir was using the "I don't care if people don't like me" thing to great gain), but if that's not the DNA of your company, then you should consider whether you're biting off more than you can chew in your trademark assertions. If you can handle the heat of that kind of aggression, then more power to you, but don't come crying about how you are obligated to defend your unreasonably aggressive initial position when you get a little negative press.
[1] Which is almost a misnomer. The software industry is more of a meta industry that touches essentially every other industry these days. This underscores just how aggressive a claim it is that a given trademark covers the entire software industry. It's essentially saying that undue market confusion would result if the name were used for a mobile game, a text editor, an aerospace software testing product, an ETF platform, a medical devices operating system, an animations library, or even a platform for programming robotic legs to kick nearby objects [which would obviously be a more suitable home for the trademark of the identifier 'Kik' :D ]
[edit: grammar]
[correction: @overgard: Jeez, I meant to transfer this comment to a top level comment, because there's nothing wrong with your comment here, it's just related to a sentiment that has seemed to be subtly off to me for a while in a way that I couldn't put my finger on. Reading your comment just kicked off that old thought process that has been churning in my mind for a while.
I didn't intend to tee off on this specific comment, because I really don't have any problems with this specific comment, the aspects that I'm complaining about are really outside the scope of what you are saying.
But now that I know that I forgot to transfer it to a new comment window, and instead responded in this thread, the beginning, which was meant to represent a stronger general argument, looks condescending to me (inaccurately generalizing someone's comment in direct response to them? Ugh... that is sooo not what I was going for). This wasn't at all my intention, and I'm really sorry if it gives that impression. I apologize for any confusion or negativity that the error may have caused.]
Re: I've Just Liberated My Modules
#514Earlier quoted context omitted.
OK, now tell me how you can remove this file from BitTorrent (it's Fedora 18 KDE) magnet:?xt=urn:btih:14f146cdfaef83951ca9d3ac647e18e1977d1367 I'll wait
It's not about whether the removal is logistically possible, it's about whether a court can punish someone for failing to carry out the removal. Even when the former is actually impossible, a court could still punish for the latter. "Ha ha ha I use technology to cleverly show how futile your orders are" is not the kind of thing you want to say to a court with broad contempt powers.
Re: I've Just Liberated My Modules
#515Its not completely there yet, but I think there's something worth exploring further in this idea.
Re: I've Just Liberated My Modules
#516Its not completely there yet, but I think there's something worth exploring further in this idea.
Re: I've Just Liberated My Modules
#517Earlier quoted context omitted.
> but my thoughts right now are ... "I would never use NPM again if I knew how catastrophically badly designed it is" Then the protest was effective.
only in the most narrow sense. His cause, whatever it is, isn't furthered, but now everyone involved (including him) looks bad, and a lot of innocent people have had their time wasted fixing something that shouldn't have broken. It's a loss for everyone involved. He looks petty and untrustworthy, npm looks amateurish, kik gets bad publicity, and everyone using this junk is stuck with their face in their palms.
Re: I've Just Liberated My Modules
#518I am obviously a old fossilized ancient developer. This situation seems like insanity. not the unpublishing part. the part where the thing that you require to sell/publish/do your job isn't under control or isn't stored within your organization. Am i wrong in thinking that you should just have a local copy of all of your source code dependencies. would it really take that much longer?
Edit: typos
Re: I've Just Liberated My Modules
#519Re: I've Just Liberated My Modules
#520> This is not a knee-jerk action Seems like it. Why break everyone's builds? You could just keep the modules there and then declare you will only keep them updated elsewhere?
I think what actually is a knee jerk reaction being irresponsible with your dependencies and blame others for your lack of foresight. He doesn't owe you anything. You and other should be thankful for him to have allowed you to use his code. Fuck that entitlement bs.
Er.. actually I don't use NPM.
> He doesn't owe you anything. You and other should be thankful for him to have allowed you to use his code. Fuck that entitlement bs.
Yes but I belong to the adult world, so if I had a package that load of people relied on, wrongly or rightly, I wouldn't just drop it knowing it would be harmful to other projects, just for the sake of causing chaos. It's all about the mens rea.