I asked the Danish police (special department for IT-crime) to take the
case. Well, I don't believe they will catch any bad guys, but I posted
the application.
I then contacted Ericsson with a copy.
The Danish representative from Ericsson told me, that the payments will
be stopped today or tomorrow. They will talk to the police about the
money that has already been collected.
So it seems that we have stopped this for now.
/Leif
On 23-03-2010 00:03, Alex Fisher wrote:
Hi all,
I would very much like to know, if anyone is picking up this case.
The original has been forwarded to the trademark people. However, unless the
site actually infringes the trademark, there is probably little that Oracle
legal can actually do. I know they'll talk to Google (and believe it or not,
they have had some success with Google), but that may be the limit of what
they can actually do.
Otherwise I will try to take legal actions against it.
That is probably easier said than done. You would need to talk to their domain
host, rather than try going after the company itself, unless the company is in
breach of some fair trading laws. Even then, although the location you got is
in British territory, you may still not get anywhere.
Please note that...
Google is involved (payed adverts)
Their attitude is usually "We don't check/care".
Ericsson in Stockholm (Sweden) is involved (SMS payment provider)
Highly unlikely that any liability would be attached to them, however it is
probably a good idea to approach them directly with your concerns
(particularly if you know someone in their management). Even then, it is
unlikely they can do anything, unless they are the actual network operator
*and* provide the billing/payment facilities.
http://www.ericsson.com/
If we take legal actions, we might get Google and Ericsson to stop their
participation.
Try an approach to Ericsson first (not legal action though). If they don't, or
refuse to, do anything, then is the time for a threat of legal action. Legal
action should be regarded as a last resort, IMO, and the threat of such should
be left until all other avenues have been explored (IANAL, BTW).
/Leif
On 21-03-2010 22:54, Alex Fisher wrote:
Hi,
I don't know who is responsible for such issues, but here I gathered
some information.
Sun Legal had someone whose brief was specifically to follow up trademark
issues. I haven't heard any differently, so I believe that this is still
the case.
I'll forward the original email to the relevant list.
The .vg TLD is from the British Virgin Islands, which is beïng
administered by (the in GB based) AdamsNames Ltd. (sponsored by
Pinebrooks developments Ltd.).
I found this information on the website of IANA:
http://www.iana.org/domains/root/db/vg.html
You can find the website of AdamsNames, including the whois information
on that domain name, here:
http://whois.adamsnames.tc/whois/whois.cgi?domain=freedownload.vg
If you want to shut down the website, you should contact AdamsNames (the
e-mail address shown on the first link) and not the owner of the
website. You can use as an argument that the person is violating the
(L)GPL licence, trademark licence and mislead people (Virus Free vs Free
Virus).
With kind regards,
Ismaël Grammenidis
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