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Full Version: Call to Arms: Combatting Trademark Infringement
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Long story: short, I just feel you guys have gone about this the wrong way, and are coming across very negatively.

one example:

(2016-02-12, 01:56)ClassicNancy Wrote: [ -> ]
(2016-02-12, 01:44)keith Wrote: [ -> ]
(2016-02-12, 01:41)ClassicNancy Wrote: [ -> ]Your contact page on the website says there is no email and to refer to the forum.
If you can't find it, you can post here and ask us as well. Smile

My question is I have been using Classic Kodi Skins which I am guessing I can't any longer. Can I say Classic Skins for kodi? I just do skins using aeon nox and not builds. If I don't say kodi somewhere how will people know what they are?

(2016-02-12, 02:03)keith Wrote: [ -> ]No you cannot, as per the trademark policy:
http://kodi.wiki/view/Official:Trademark_Policy
Please post your questions in a new thread.
I think there was some miscommunication there, because ClassicNancy can use "Classic Skins for Kodi", so long as the end result isn't confusing to visitors/users (which is very doubtful).
where is such a thing as a list of allowed & compliant addons that work and what they do
Does the Kodi team own the trademark of the name Kodi in the UK?

because the .gov site says it is registered to a korean finance company

https://www.ipo.gov.uk/tmcase/Results/4/EU003296571
(2016-02-12, 20:39)Soulbind Wrote: [ -> ]Streaming content is downloading, how do you think that video comes up on your screen from X server on the Internet, by magic? It's downloaded chunk-by-chunk , in a buffer. Instead of waiting for the full download, like on a torrent, you playback the X downloaded chunk, meanwhile downloading the next Y one, then play Y , repeat. It's just as illegal as torrents, copyright laws do not mention if you download the full thing or part-by-part, non-authorized duplication of copyrighted content is piracy, and when you're streaming, you're doing exactly that.

PS : Kodi on something like the Shield can do 4K/1080p h265 8bit, h264, VC-1, HD audio bitstreaming, 24p playback , just about everything Kodi can do on Win / Linux / OS X. Even more in the future can be added since the hardware supports it, like 10 bit h265 whenever that gets into ffmpeg mainline/kodi , good look getting an Intel iGP doing that (hardware decoding) before Kaby Lake comes out.

So i fail to see how Kodi on Android is any less capable. And good luck stopping all these sellers from switching to "fully loaded Raspberry PIs 2 " once you killed the Android port. I wonder how it all started... hmm, oh yeah, with the fully loaded Apple TV 2 people were selling on Amazon for 200-250 $, not with Android.

Streaming is legal in most parts of the world as it is only playing the content and dumping from the ram not actually saving it to the hard drive. The was an excellent article written in a paper about it, basically once something is uploaded to the internet legally or illegally it becomes public domain and can be viewed but storing the content is illegal. Even the DMCA was quoted as saying (and I'm not going to use quotes because i can't find the original article but this is the jist of it) currently with the law we can't say it is illegal to stream.

The android market is the lions share of the current "piracy" market. yes there are other devices but you have to look at the market share of the devices and the influence they hold. Android easily accounts for 90% of the market. You're right you'll never stop everyone but you can stop the masses.

(2016-02-12, 20:48)Ned Scott Wrote: [ -> ]I understand some of the one-off posters getting banned, but there are at least two long time forum posters who have been banned for what seems like "disagreeing with Team Kodi". I don't think that is the case, but it looks like that to the outsider, and that looks bad. Right now a lot of people are trying to convince the masses that Team Kodi has gone crazy, and this reinforces that false narrative.

To everyone else, please don't take comments on the forum to be the gospel truth (for a lack of better words. Some of the guys you are seeing are just very frustrated at the moment, but are very intelligent and reasonable people. It's okay to share your view on the situation, but it would really help to have a little faith in Team Kodi. Plus, they have real lawyers that will steer them correctly about this issue.

Now, let's get back to focusing on the people who are clearly assholes and start bustin' heads.

I completely agree, your responses are very diplomatic and i think a lot of the readers and contributors are getting fearful to post or speak their mind because of sed bans, in fact as i write this i feel like I'm on egg shells, wether that is how it is or not it's the feeling being conveyed in this thread. Im not going to point fingers but as some other members have posted some of the Dev team can be very abrupt I'm their responses, and again i completely understand why, it can be very frustrating responded to the same questions repeatedly when there is policy pages and wikis answering these questions or comments but some tact needs to be employed when dealing with the public. It would be better to not respond at all than some of the abrupt comments. It's very easy to make enemies and very hard to make friends, going about things with the attitude of fingers up to the world we don't need you doesn't help your cause, it only makes it harder. I get it, Kodi doesn't care about popularity, donations, etc... they only want to make their software and thats totally fine, but again this leads back to not being able to have it both ways. The notoriety is from the popularity of Kodi, the popularity comes from the public, the assumptions and associations also come from the public. You catch more flies with honey than with vinegar.

IMHO
the video addons section 3yr old
(2016-02-12, 19:33)MrMC Wrote: [ -> ]Interesting thread.

My thoughts;

Unrestricted addons are the #1 contributors to the ruination of the Kodi brand. That's why MrMC has stripped them. There is a plan for something else but we are still thinking about it.

Some possible things to do:

1) Remove of the ability to runtime fetch from non-kodi addon repos. Not in the official repo, too bad, you have to sideload install it.

2) Disallow installing an addon FROM an addon except from the offical repo. This means you can't install a non-official repo and fetch more crap.

3) Allow user installed sideloaded addons. Only at runtime. Not in the official whitelist preload, it does not run or show up. This causes those pirates to waste time/money installing at runtime, each and every crap addon they want. It also runes the 1st run pretty, both for Android and the App. No more, build a distro with all the crap preloaded.

Users can still runtime sideload any addon they want. No lost freedom there. But they cannot install an addon that provides access to non-official repos to install more.

If you make hard to quickly install a bunch of pirate addons, so hard it becomes uneconomical, then these pirate boxes will die off and those that provide them will move to easier pickings. Right now it's just way too easy to provide Kodi with preload crap.

Put the above in source code, so that source code changes MUST be done to bypass. Once the source code is altered, it's not Kodi any more and if they do not rebrand, hunt them down and hurt them bad with Trademark abuse. I'm serious here, no nice guy approach, these are pirates and they don't care about being nice. Hurt a few real bad and the word will get around. Don't mess with the Kodi brand or bad things WILL happen.
You have some pretty good ideas there. Just out of curiosity how would you takle the IPTV crap with for instance IPTV simple? It looks like the #1 issue here. Also if I understood correctly you can still have an addon installed in "Kodi". Some of them now are just shitty "list" readers. That means someone can just update a remote list and keep the same version of an addon running without the need to push updates to a repo.

Honestly it looks a good compromise on freedom and security/protection.
Cheers
(2016-02-12, 22:04)PixelJunkie77 Wrote: [ -> ]Does the Kodi team own the trademark of the name Kodi in the UK?

because the .gov site says it is registered to a korean finance company

https://www.ipo.gov.uk/tmcase/Results/4/EU003296571

I'm not sure what the status is on EU/UK trademark registration, but trademarks have different categories. When one gets a registered trademark it is only for their specific category.

For example, Kodi in the US is also registered to someone who does "Audio and video recordings featuring music and artistic performances; Audio recordings featuring hip hop; Digital music downloadable from the Internet."

Another is for "Non-metal clips for securing reinforcement bars and construction bars."

Meanwhile this Kodi is for "Computer software programs for the integration of text, audio, graphics, still images and moving pictures into an interactive delivery for multimedia applications."

So it doesn't matter if someone else is using the same name so long as it's also not in the same category.
So if someone uses kodi on a box but doesn't use the name kodi or the logo in advertising yet is still using KODI with 3rd party add ons how do we combat this? I mean Kodi seems like the issue is more they just don't want to deal with the influx of people here and association but are not so concerned with the actual sales?

What should be done is this. Every box seller should have to donate 10% of gross profits back to kodi foundation. Can you imagine the influx of cash here and how much that could help?
I honestly wish i could donate because KODI is awesome. I use to have to rip my dvds so my daughter wouldnt scratch them and then use handbrake to shrink them. then put it in some app and have to find the DVD covers and put those in and it didn't always play well and then the apple tv 2 came along which worked ok with some stuff then KODI well XBMC and it changed my world forever and i still use it for all my digital media.
And when i have extra i will donate.

But i am very curious how this whole trademark thing comes into play with box sellers like some dragon box or something mentioned above? Because I'm totally confused.
We don't want money from those leaches selling fully loaded stuff.

Thanks you for willing to donate though people should only do so when they can spare a dime. I'd we were in it for the money we would have introduced something else that would revenue or started with ads.
(2016-02-12, 22:22)ilovemymac Wrote: [ -> ]So if someone uses kodi on a box but doesn't use the name kodi or the logo in advertising yet is still using KODI with 3rd party add ons how do we combat this? I mean Kodi seems like the issue is more they just don't want to deal with the influx of people here and association but are not so concerned with the actual sales?

The group still doesn't like it when third party add-ons are pre-installed, because that in itself gives the false impression that Kodi comes with those add-ons, they're official somehow, etc. However, I think the basic gist of what you're asking is; can someone still make money off of "free TV" boxes without hurting the Kodi brand? Yes. That's the really funny thing about all of this, because it's a situation where everyone can win.

Look at how fast these guys started using the name Kodi when XBMC first changed the name? They don't need the name to sell their box. Some of them think so, but the people buying it for the free TV stuff don't care how they get the content.

Playing devil's advocate, I actually think it's rather limiting to market a box as only for Kodi.
(2016-02-12, 22:20)Ned Scott Wrote: [ -> ]
(2016-02-12, 22:04)PixelJunkie77 Wrote: [ -> ]Does the Kodi team own the trademark of the name Kodi in the UK?

because the .gov site says it is registered to a korean finance company

https://www.ipo.gov.uk/tmcase/Results/4/EU003296571

I'm not sure what the status is on EU/UK trademark registration, but trademarks have different categories. When one gets a registered trademark it is only for their specific category.

For example, Kodi in the US is also registered to someone who does "Audio and video recordings featuring music and artistic performances; Audio recordings featuring hip hop; Digital music downloadable from the Internet."

Another is for "Non-metal clips for securing reinforcement bars and construction bars."

Meanwhile this Kodi is for "Computer software programs for the integration of text, audio, graphics, still images and moving pictures into an interactive delivery for multimedia applications."

So it doesn't matter if someone else is using the same name so long as it's also not in the same category.

Good to know thanks.

P.S. I feel I maybe im coming across negatively to the kodi team. I just want to say I fully agree with your stance towards 3rd party addons, and that you want no connection with the so called illegal ones.

I just dont like seeing you go after the little guy i.e the end user, youtubers and social media. As declared in the OP
Selling "fully loaded boxes" is just stupid as in my opinion that is why Kodi is getting such a bad name and I am dead against it.

I personally believe that users like myself that run a blog, and advertise 3rd Party Addons with Piracy and Without should not have any problems, yes I have Kodi in the domain but also say on my site.

"This site a Unofficial to Kodi/XBMC Foundation and have nothing to do with them. 3RD Party Addons can be illegal in your country and have nothing to do with Kodi/XBMC Foundation"
"If you need any help with any 3rd Party Addons, you will only be able to find this answer you are looking for by search for the developer of that Addon and NOT Kodi/XBMC Foundation."
Wait, so this Kodi is only a registered trademark in the US? If that's so, then surely a handful of these sites who maybe based in Europe are not violating your trademark since it doesn't exist in Europe?

Snippet from the internet.

"Does a U.S. trademark registration protect a trademark in a foreign country?

No, a U.S. trademark registration will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought."

Here's some info from the UK goverment
Intellectual property (IP) rights are territorial. They only give protection in the countries where they are granted or registered.

This means that if you only have UK protection, others may be allowed to use your IP abroad without infringing your rights.
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