btrower
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« Reply #30 on: June 24, 2010, 01:28:15 PM » |
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Re:It would be really really weird to have to use a DMCA complaint to take it down...
Yes and no. You could, like Warren Buffet, oppose a tax-cut for the rich while still taking the tax cut as long as it applies. There is nothing hypocritical about it. The playing field should not be on this level, but unfortunately it is. We don't make the world a better place by hobbling ourselves to make a point.
All things being equal, of course, I would prefer to avoid using the DMCA. It is a *disgusting* law currently being abused in the most scandalous ways. However, ee not only have a right to use the DMCA in an instance where that is the last recourse, arguably we have something of an obligation.
I agree, though, this has confusing optics for most people and would be a point of entry for sophist weasels to stir up the mob.
As mentioned above, this can be dealt with as a trademark violation. It is, in fact, the trademark violation that is the problem anyway.
As an aside, for the record, I strongly endorse the concept of trademarks. One of the most obnoxious things about the attempt (largely successful) to lump copyrights, patents and trademarks together is that, unlike software patents (which have no merit), trademarks benefit everyone.
If this were me alone, I would be sending a letter pointing out that it is both a trademark violation and a copyright violation. We wish our trademark to be respected. They can disagree as to whether or not that is our trademark, but they cannot demonstrate that they have permission to use the copyrighted work.
Anyway, the letter(s) should be sent demanding that the person stop poisoning the brand. By the way, it is not up to them to judge whether it is OK to use the logo. They may think we are wrong about poisoning the brand, but it is not their call -- it is ours because we also hold the copyright.
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