[HN Gopher] Decision: Red Hat, Inc. vs. Daniel Pocock / Software...
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       Decision: Red Hat, Inc. vs. Daniel Pocock / Software Freedom
       Institute SA
        
       Author : jaboutboul
       Score  : 48 points
       Date   : 2022-03-16 19:36 UTC (3 hours ago)
        
 (HTM) web link (www.adrforum.com)
 (TXT) w3m dump (www.adrforum.com)
        
       | jaboutboul wrote:
       | There's a lot more to it than just this decision. Google the
       | complainants name.
        
         | tzs wrote:
         | > Google the complainants name
         | 
         | The complainant is Red Hat. I don't see anything interesting
         | when I Google them. Googling the respondent, Daniel Pocock, is
         | a lot more interesting.
        
         | forty wrote:
         | Some hint in the comments here https://lwn.net/Articles/887931/
        
       | rwmj wrote:
       | Comments on the LWN article are interesting:
       | https://lwn.net/Articles/887931/
        
         | kashyapc wrote:
         | Yeah, this particular comment[1] is quite damning--the person
         | got booted by FOSDEM, FSF Europe, Debian[2], Alpine Linux and
         | more. I wonder if the court considered all this past evidence.
         | 
         | [1] https://lwn.net/Articles/887955/
         | 
         | [2] https://bugs.debian.org/cgi-
         | bin/bugreport.cgi?bug=953378;msg...
        
       | the_why_of_y wrote:
       | Mr. Pocock is well known in the Debian community.
       | 
       | https://www.debian.org/News/2021/20211117
        
       | zenincognito wrote:
       | >>The domain name is not used in bad faith, given that the web
       | site directs people back to the trademark owner's site, doesn't
       | ask for money, doesn't run banner advertising, doesn't ask for
       | personal registration. It has been demonstrated that the
       | trademark owner is suppressing the blogs of some volunteers with
       | authorship rights and Respondent's site exists to give those
       | voices an equal status. The founding documents published by the
       | trademark owner (Exhibit 104) encourage us to give voice to all
       | sides.
       | 
       | Fail to understand fedora's motives here other than censorship
        
         | zozbot234 wrote:
         | You have to enforce your trademarks otherwise they might be
         | declared invalid. Regardless of the final decision, what RedHat
         | did seems pretty normal to me.
        
           | atdrummond wrote:
           | This notion that surefire mark enforcement can only be
           | achieved through blanket legal action against all potential
           | abusers of the mark is parroted on HN repeatedly; however,
           | the real world situation is a bit more complex. A firm will
           | not lose their trademarks if they don't aggressively sue each
           | and every person/business who might potentially be infringing
           | upon the firm's marks. In fact, for firms like Red Hat who
           | are actively selling a product, (and therefore utilizing the
           | mark in commerce and in a way that makes that mark very well
           | known to potential customers) said ongoing business
           | operations typically ensure that courts will regard one's
           | mark as defended and active, especially if one ensures that
           | the firm does go after the most very egregious violations.
           | 
           | TL;DR: Firms do not need to obsessively litigate against
           | every single person using their mark.
        
         | tialaramex wrote:
         | Fedora doesn't like Pocock because - I think many people would
         | agree - he's an asshole. However, as Thomas More puts it in the
         | play about his life and betrayal, "there's no law against
         | that".
        
           | pipapocock wrote:
           | Red Hat may want to register domain names like weheartpocock,
           | webetternotmakepocock, whyhavepococksparentsmadepocock,
           | everybodylovesapocock, pococksizematters and wait for the
           | boomerang complaint.
        
       | sofixa wrote:
       | If anyone wants a TLDR:
       | 
       | > DECISION Complainant having failed to establish all three
       | elements required under the ICANN Policy, the Panel concludes
       | that relief shall be DENIED and declares that the Complaint was
       | brought in bad faith and constitutes an abuse of the
       | administrative proceeding
       | 
       | RH are markedly less nice than before IBM took over, which is a
       | pity.
        
       | nix23 wrote:
       | Oh look RedHat got that IBM spirit finally ;)
        
       | MadsRC wrote:
       | The respondent is quite the character...
       | 
       | He's been expelled from the Debian project/community (source:
       | https://www.debian.org/News/2021/20211117) and he's in pretty bad
       | standing with Free Software Foundation Europe.
        
       | jffry wrote:
       | If this seems too long to read, it's about a domain name
       | registration dispute between RedHat and a volunteer who
       | registered wemakefedora.org (RedHat was seeking to gain control
       | over the domain).
       | 
       | The arbiter not only found against RedHat but also made a
       | declaration that the dispute was brought in bad faith.
       | 
       | The condensed excerpt is:
       | 
       | "Accordingly, the Panel finds that the Respondent has rights or
       | legitimate interests in the <wemakefedora.org> domain name both
       | because Complainant consented to Respondent's use of the domain
       | name so long as the website followed Complainant's trademark
       | guidelines and because Respondent is making a legitimate
       | noncommercial or fair use of the domain name, without intent for
       | commercial gain misleadingly to divert Internet users or to
       | tarnish Complainant's FEDORA trademark."
       | 
       | and from the conclusion,
       | 
       | "In light of these circumstances the Panel finds that Complainant
       | brought this proceeding despite having clear knowledge of
       | Respondent's rights or legitimate interests in the domain name
       | and that the proceeding was brought primarily to harass the
       | domain-name holder."
        
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       (page generated 2022-03-16 23:00 UTC)