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Trademark Actions Against the PostgreSQL Community

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Re: Trademark Actions Against the PostgreSQL Community

#81

Earlier quoted context omitted.

I believe this is their HN profile, see for yourself (as indicated by comments from them in this thread): https://news.ycombinator.com/user?id=ahachete Personally I'm interested in hearing more from them, as they don't fit the "trademark troll" description that commenters seem to be taking for granted here. Seeing some interesting discussion dynamics at play.

I hope this clarifies our point: https://postgresql.fund/blog/postgres-core-team-attacks-post...

It seems like an necessarily combative headline that conflates your relatively unknown non-profit with the whole community.

If your goal is genuinely to improve the legal and governence situation of the postgres community, this seems to be am extremely poor way of doing that.

Re: Trademark Actions Against the PostgreSQL Community

#82

Earlier quoted context omitted.

Perhaps I am alone is this (based on the votes) but when I go to https://www.postgresql.org/list/ it requires a great deal of clicking to drill down and lets say I eventually end up some where like https://www.postgresql.org/list/pgsql-general/2021-09/ I am greeted with a lot "Re:" "No subject" etc. Perhaps what is comes down to is I am trying to interact with a mailing list using a browser which is perhaps unfair. I…

So the downvotes on your perfectly legitimate comment are absurd, but here we are. To get technical, the problem that you're having isn't that interacting with mailing lists is cumbersome, but rather, interacting with mailing list archives is cumbersome. You're not wrong. Web interfaces for mailing list archives haven't really changed in yonks, and there's little incentive to do so. The only people who use the archiv…

I think you're missing the major aspect of mailing lists that is why they are used for projects like Postgres or Linux: transparency. (at least when the lists are also archived, which is a different issue).

Mailing lists lets the future user see the decision making process unfold throughout a thread. These interactions can be archived and searched. Most users don't interact with these mailing lists in realtime through an MUA. They search an archive to find the appropriate thread. And critically -- anyone on the list can build the archive. It doesn't require any special infrastructure on behalf of the list owners.

It can be cumbersome, but it's also robust. Imagine if the history was only present in bugzilla, Jira, GitHub issues, or a forum? Bug trackers aren't always the best way to work through a brand-new API design. Email back and forth with collaborators on the other hand...

Also -- mailing list archives are also ridiculously easy to index in a search engine. Data stored in bug trackers aren't always as simple...

Re: Trademark Actions Against the PostgreSQL Community

#83
post #78

Earlier quoted context omitted.

Actually, IMHO, it's the Core team + PAC + PEU who have acted in bad faith. As the post states, with dates, there has never been any communication from them to discuss this matter. Only through laywers, since day 0. Even some of them, long-time personal friends of mine, where shut of and were banned to communicate even at a personal level. Not even with laywers present. There was no need to make all this public. This…

> Only through laywers Of course they will only talk via lawyers! That's what they have to do to make sure that all communication is clear, documented, and not misinterpreted (by either party). Once the problem escalates to be a legal dispute, this is the only way communication can happen. And as soon as this escalates to a lawsuit, the existence of the dispute will be public. >If PEU can hold trademarks, why can't F…

> Once the problem escalates to be a legal dispute, this is the only way communication can happen.

But there hasn't been any other previous communication. Our first notice from them, as detailed in the post, was from their lawyers.

So there has been no attempt on their side to come to even an amicable conversation. I offered that --but was denied.

> And honestly, even the domain name postgr.es is confusing.

That domain is held by PostreSQL Europe. So according to your argument, they shouldn't hold it.

> From the PostgreSQL EU website (as linked by you), these are their specific trademarks:

That they are more or less confusing is something I may agree with. But I don't see why it may change the subject matter: if the agreement would be that only a single entity would hold them, so be it. PEU can't definitely do that, under no circumstance.

"Funnily" enough, PEU is also one of the entities suing Fundación in the courts. Indeed, on the very first letter, as our post mentions, they are presented with PAC as if they were part of the same: "in representation of both the PostgreSQL Community Association of Canada and PostgreSQL Europe ("individually and collectively")".

So your argument that PEU's are not confusing is not what is at stakes here. It is that two entities, unrelated and separated, want to be the steward of the trademarks in Postgres. And if a third one tries to help, covering some observed gaps, it is sued by both. That is potentially collusion.

> And I'm sorry, but the global stability of the Postgres project is far more important than whatever good intentions you had.

I agree. But then why https://www.postgresql.org/about/news/trademark-actions-agai... is posted publicly? If the matter is in the courts (as it is), why is it needed to bring it publicly? We're happy to defend ourselves in private and in the public if needed, but I don't see what they win by this, and I see how it goes against the whole Community.

I'm sure you have read in our post that "The PostgreSQL Association of Canada; Postgres Europe; and Fundación PostgreSQL will transfer, permanently and irrevocably, all domain names, trademarks and other IP assets to the new NPO. New, clear and non discretionary rules will be established to allow fair use of the PostgreSQL trademarks by any stakeholder.". So it's not that we're unwilling to transfer the trademarks to the "Community". It's just that we disagree what the governing bodies of that community should be, believing that the current ones are a great liability and need urgent reform.

Of course, they don't want reform, so they chose to bash us publicly when the matter is in the courts. Who's harming the Community then? Are the trademarks currently registered by Fundación not offered to the public, with indeed less restrictions than PAC and PEU's? (https://postgresql.fund/trademarks).

Re: Trademark Actions Against the PostgreSQL Community

#84
post #16

Álvaro Hernández here apparently runs a PostgreSQL consulting firm [1] and controls "Fundación PostgreSQL." Would Fundación PostgreSQL have the power to grant exclusive use of the trademark to the consulting firm? [1] https://ongres.com/about-us/#team

Just to play devil's advocate — OOC, what do you think the end game for Álvaro would be under this scenario? Under the most cynical interpretation, I guess he'd convert Ongres from a Postgres consultancy to a trademark troll and sue other companies who try to use "Postgres"? Maybe, but that's a pretty serious professional change, and seems a little unlikely, especially given that's a considerable chance that he loses…

I get the impression that Álvaro has issues with the governance of the core team and PGCAC and thus wanted trademarks to protect his consultancy that were under the control of his non-profit which he believes has stricter governance. He also seems to be interested in leveraging the trademarks to force governance changes on the core team and PGCAC.

Re: Trademark Actions Against the PostgreSQL Community

#85
post #79
post #58

Earlier quoted context omitted.

At the same time though, they aren't playing the role of good community citizen either. It's really confusing to see what the motivations are here. Why openly antagonize a community that you claim to be a part of and represent? I hope there is more to it, but otherwise, this just seems like a stunt. Surely @ahachete must realize that the Postgres Core team must defend their trademarks (otherwise they can be lost or l…

Feels a lot like the Freenode story. Still not sure what the endgame is/was there either, but the outcome certainly wasn't great for the community.

I had the same thought. I don't think it's exactly the same story, but I think that it has the potential in the future. Even assuming the current parties are all operating with good intentions, if Postgres (proper) doesn't defend their trademarks, there is potential for risk in the future.

What happens if Fundación goes bankrupt and the assets (trademarks) get bought? What if they are bought by a non-benevolent company? Then we have the potential for Freenode all over again.

Re: Trademark Actions Against the PostgreSQL Community

#86
post #75

Earlier quoted context omitted.

Actually, IMHO, it's the Core team + PAC + PEU who have acted in bad faith. As the post states, with dates, there has never been any communication from them to discuss this matter. Only through laywers, since day 0. Even some of them, long-time personal friends of mine, where shut of and were banned to communicate even at a personal level. Not even with laywers present. There was no need to make all this public. This…

> As the post states, with dates, there has never been any communication from them to discuss this matter. Only through laywers, since day 0. Even some of them, long-time personal friends of mine, where shut of and were banned to communicate even at a personal level. Not even with laywers present. That's sort of a nonsensical take. Of course people with any sort of connection to the other side would be advised not to…

> The correct way to go about that is not to make the holding entity and then try to surreptitiously acquire the trademark, but to have approached the community first. Did you approach the community prior to attempting to take over an aspect of their management and holdings, or not? If you did, what was the response?

Yes, this is the case. Indeed, many times. I have personally voiced many concerns about different aspects of the governance and workings of the Community. And in 2019 a very clear and significant case was raised when some dispute over IP (a domain name) surfaced. In this case, we declined used of the domain name following Core's request, but raised --again-- concerns over the governance of Postgres.

The answer to all of these requests? Outright denial. Silence. Nada. There is no willing to change anything. Also one year later I voiced some of these concerns publicly (https://postgresql.fund/blog/is-it-time-to-modernize-postgre...). Same outcome.

So yes, I have at a personal level and we have at the Foundation level tried everything we believed could be done. And we perceived trademarks are more at risk with PAC and PEU than us, and we saw that some were not registered, so we proceeded to protect them and offer them openly to the Postgres Community (https://postgresql.fund/trademarks).

And as stated publicly, we're ready to transfer them to a single entity. It just can't be the current ones.

Re: Trademark Actions Against the PostgreSQL Community

#87
post #51

Are OnGres or Álvaro Hernández active in PostgreSQL development, or otherwise active in the community? Or have they appeared out of nowhere?

Fundación PostgreSQL is a relatively new non-profit that has run two conferences in Ibiza (in 2019 and 2020) and is planning a third in 2022.

The only organizers listed for conferences are all members of Álvaro's OnGres consulting company. There don't appear to be any details on the number of attendees or on who gave what talks.

Re: Trademark Actions Against the PostgreSQL Community

#88

Álvaro Hernández here apparently runs a PostgreSQL consulting firm [1] and controls "Fundación PostgreSQL." Would Fundación PostgreSQL have the power to grant exclusive use of the trademark to the consulting firm? [1] https://ongres.com/about-us/#team

Fundación PostgreSQL is a 100% independent non-profit organization not tied to any company or any other institution. Its governing board cannot have more than 40% members of the same company. Please go to https://postgresql.fund/ and read the Statutes. Actually, a "Fundación" in Spain is an entity specially scrutinized by the Ministry of Justice, and could never to anything like this. It is meant to be for the public…

> Fundación PostgreSQL is a 100% independent non-profit organization not tied to any company or any other institution.

I think that it is highly dubious that a foundation that claims to be independent (from the PostgreSQL project, I suppose), with no ties to any other PostgreSQL community foundations and/or associations ("company or institution"), claims "PostgreSQL" or derivatives of the brand as its trademark.

I could not find any reason to believe that the organization behind postgresql.fund is in any way affiliated with the PostgreSQL project, as I could not find it mentioned on any of the official affiliations pages (has no mailing list, events, IRC, LUG mention, nor a link in the international sites section). I repeat, I believe that postgresql.fund claiming ownership of the PostgreSQL brand (or basic derivatives thereof) in any category is highly dubious.

Re: Trademark Actions Against the PostgreSQL Community

#89
post #85
post #79

Earlier quoted context omitted.

Feels a lot like the Freenode story. Still not sure what the endgame is/was there either, but the outcome certainly wasn't great for the community.

I had the same thought. I don't think it's exactly the same story, but I think that it has the potential in the future. Even assuming the current parties are all operating with good intentions, if Postgres (proper) doesn't defend their trademarks, there is potential for risk in the future. What happens if Fundación goes bankrupt and the assets (trademarks) get bought? What if they are bought by a non-benevolent compa…

In the case of Spain, if a foundation bankrupts their assets can only be transferred to another non profit organization. It's against the Spanish law for a company to buy a assets of a foundation

Re: Trademark Actions Against the PostgreSQL Community

#90
post #69

Earlier quoted context omitted.

I have been a PostgreSQL hacker since 2008 and a PostgreSQL user for many years before that. The first mention of my name in the PostgreSQL commit log is in 2003, and the first version of PostgreSQL that I used was 7.something; it couldn't drop columns yet. Now that doesn't mean that I know every person who does good work on behalf of PostgreSQL, but it does mean that I expect to recognize the names of most people wh…

Postgres is not only about code. It's a Community. Contributions are more than code. We value team membership by their abilities, and values. Those may prove better at building Community that C programming ability. Yet you are wrong when you state that Core Team holds trademarks. Core is not even a legal entity (the main mistake that I've been voicing for years; it should). Instead, there's a "loosely associated" ass…

> (if so, there should be a process and rules to become official, but there aren't)

I'm not 100% sure, but you seem to be looking for https://www.postgresql.org/about/policies/npos/ ?

Those organizations are then in turn listed at https://www.postgresql.org/about/donate/

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