Jean-Marc Liotier wrote
> Is a cease & desist letter all it takes for the OSMF to cave in to silly
> demands from random parties ? Can't we at least make a symbolic stand
> and let the aggressor escalate before we capitulate ? From a purely
> material point of view, that would be cheap publicity for the project.
> 
> I thought that a free software project such as Openstreetmap (yes -
> geographic data is software too) would have, out of its principles,
> shown a stronger backbone under such disgusting pressure. I am
> disappointed.

Do you really want the OSMF to gamble all of OSM's server infrastructure and
other resources on a random legal battle about a possibly invalid trademark?
Particularly without first a thorough due diligence of getting qualified
legal advice from their counsel?

These trademark issues seem have the potential to quickly escalate to
$100.000s of dollars in cost. Either for legal fees or for damage fees if
one looses. That is more or at least on the order of the entire assets of
the OSMF. Is it really worth that risk to "show a stronger backbone"?
Particularly as it isn't impossible to first comply and then if after
thorough consideration or due to negotiations with the originator the matter
is resolved reinstate those changes.

So far I have seen no changes that actually negatively impact the project in
any real way other than for ideological reasons. So complying in the short
term doesn't seem to be an immediate problem.

That said, I do hope the board will work intensely together with legal
counsel and the rest of the community to find a way to dismiss these
seemingly ridiculous claims (although I don't yet understand what exactly
the issue is or what the C&D actually covers).

Given the genericness of the term geocode, I would assume that a number of
larger companies might equally be effected who have much more resources than
OSMF to defend against these claims. Or a another question is what is
different about the use in OSM that they specifically targeted the OSMF?

Kai




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