To all RED5 users and Dev. No need to change name, there are no laws in control one's name for business unless it showed damages to the plaintiff, if a law suit proceed, it is the plaintiffs must prove to court damage has been done by defendants, in this case, by who?? OpenSource users ? Not a smart lawyer case... MC
D. Dante Lorenso wrote: > Rodrigo Ordonez Licona wrote: > >> Momentum is strong enough that we would follow developers to a red6 or >> red7 (or whatever new name it needs) project in no time. >> > > RED6!? Wow, is that an upgrade! I want! > > LOL > > -- Dante > > >> ------------------------------------------------------------------------ >> *From:* [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] *On >> Behalf Of *Dominick Accattato >> *Sent:* Martes, 21 de Agosto de 2007 04:35 p.m. >> *To:* [email protected] >> *Subject:* Re: [Red5] H.264 codec on Flash player... but not for Red5? >> >> Hank, as always I appreciate your comments on these matters. >> >> Additionally, I just checked an existing site I created and Sorenson is >> still streaming fine, and I'd imagine that On2 will as well. I had no >> doubts that they would as Adobe strives for backward compatibility even >> though they have made security enhancements that broke existing content >> in the past. >> >> I'm not sure why he wrote that it doesn't support sorenson >> >> On 8/21/07, *hank williams* <[EMAIL PROTECTED] >> <mailto:[EMAIL PROTECTED]>> wrote: >> >> 1. I am not clear what name you are saying red5 comes close to >> infringing. >> >> 2. If it does, there are no damages without notice. You cannot sue >> if you ask someone to change the name and they do. Its not like >> copyright infringement where any infringement creates a statutory >> liability. Therefore any intelligent open source project would just >> change its name. This would not be a smart strategy for eliminating >> open source and I *strongly* doubt red5 is at any risk from this >> kind of a plan. >> >> Regards, >> Hank >> >> >> On 8/21/07, *Donnacha* <[EMAIL PROTECTED] >> <mailto:[EMAIL PROTECTED]>> wrote: >> >> RE: Trademarks >> >> To clarify what I meant, this issue has come up in discussion with >> some very switched on people but not, I have to stress, anyone in >> Adobe itself. The context was people in fairly high positions, >> discussing the tricky problem, faced by many proprietary software >> makers, of how to counter OSS competition without provoking a >> publicity backlash; Adobe/Red5 came up as a perfect case study. >> >> There was total agreement that the Red5 developers have been >> meticulous in ensuring that they didn't infringe Adobe's IP but the >> name itself was identified as their Achilles heal, not necessarily >> because it infringes a trademark or servicemark, although it >> may, but >> because it comes close enough to justify a court case. >> >> The case of a claimant against Red5 would not be strong enough to >> guarantee a win and, therefore, would not be worth taking UNLESS a >> third party anonymously funded the legal costs as a distraction/FUD >> tactic, just as Microsoft part-funded SCO's anti-Linux >> actions. This >> form of anonymous funding is 100% legal and very common practice >> among >> American corporations. >> >> In the case of targeting OSS projects, the presumption is that no >> formal structure is in place to fund a defense and that the >> costs will >> be borne by the lead developers with no prospect, in this type of >> action, of re-couping their costs even if they win - each side eats >> their own costs. >> >> This expensive process massively favors corporations and the vast >> majority of these disputes never make it to court, never come to >> public attention. >> >> As any such action would be a once-off opportunity and would be held >> in reserve until it can be used to maximum effect, probably >> after the >> project goes 1.0 and a lot of momentum has built up behind the >> disputed name - being forced to change it at that point would be a >> serious set-back. >> >> When the project was initially launched, I presumed that Red5 was >> temporary title, a cute Star Wars reference that would soon be >> replaced with a better name, one for which the .com was still >> available. I never expected it would last this long, I figured >> that a >> >> _______________________________________________ >> Red5 mailing list >> [email protected] <mailto:[email protected]> >> http://osflash.org/mailman/listinfo/red5_osflash.org >> >> >> >> _______________________________________________ >> Red5 mailing list >> [email protected] <mailto:[email protected]> >> http://osflash.org/mailman/listinfo/red5_osflash.org >> >> >> >> >> -- >> Dominick Accattato, CTO >> Infrared5 Inc. >> www.newviewnetworks.com <http://www.newviewnetworks.com> >> >> >> ------------------------------------------------------------------------ >> >> _______________________________________________ >> Red5 mailing list >> [email protected] >> http://osflash.org/mailman/listinfo/red5_osflash.org >> > > > _______________________________________________ > Red5 mailing list > [email protected] > http://osflash.org/mailman/listinfo/red5_osflash.org > > > _______________________________________________ Red5 mailing list [email protected] http://osflash.org/mailman/listinfo/red5_osflash.org
