Indeed I tried to get the answer to that. Perhaps you will have more luck ;)

Hank

On 8/23/07, Paul deCoursey <[EMAIL PROTECTED]> wrote:
>
> I know it was brought up but I don't think it was ever really answered,
> but why would Adobe have a problem with the Red5 name?  Forgive my
> ignorance but I see no connections.
>
> Donnacha wrote:
> > On 8/21/07, hank williams <[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.
> >>
> >
> > That is precisely my point: knowing that any intelligent OSS project
> > would rather change it's name than become entangled in a legal action,
> > even a baseless one, Adobe will certainly opt to press that button,
> > especially as they can do so anonymously. allowing them, at very
> > little financial and zero publicity cost, to inflict a slight set-back
> > upon a rival.  This sort of incremental strategy is bread and butter
> > to Adobe; if you study their history you'll see that they have always
> > been far, far more litigious than other large software houses, even
> > MS.
> >
> > Just to clarify, I'm not saying that there would be any validity in
> > such an action or that it would prevail in court, the point is that it
> > doesn't matter, it would never get that far, Adobe knows that.
> >
> > Another clarification: this has nothing, zero, zilch to do with the
> > technical side of the project, nothing to do with infringing Adobe's
> > code or whatever.  If the project is forced to drop the name,
> > everything will go on just as it has before.  The only loss would be a
> > drop in public awareness and, if it happens after 1.0, a slight loss
> > of credibility - names changes are fine while you're still in beta
> > but, after that, it sends a very mixed message.
> >
> > Again, it's just a name we're talking about, not a huge deal,
> > certainly nowhere near as important as the apparent technical changes
> > - things like branding and public awareness are rarely a priority for
> > OSS projects and quite rightly so.  I only brought it up because it's
> > worth knowing what is actually happening when these bolts from the
> > blue hit.
> >
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> >
> >
>
>
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