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Call to Arms: Combatting Trademark Infringement - Printable Version

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RE: Call to Arms: Combatting Trademark Infringement - jjd-uk - 2016-02-12

Those saying that using Kodi in the domain name is fair use obviously don't remember this http://www.aftvnews.com/amazon-is-requiring-me-to-turn-over-firetvnews-com


RE: Call to Arms: Combatting Trademark Infringement - da-anda - 2016-02-12

@j1nx - I'm sorry, but you guys really don't get the point. We do neither care what people do with Kodi, nor are we going to add any restrictions to Kodi itself, as we believe in freedom of software. And removing Python support won't solve the issue. Sure, the piracy groups would be forced to fork and rebrand Kodi, but this would also take away the flexibility and freedom for all the other users that do NOT use these crappy streaming add-ons, and that's not what we want or stand for. The only thing we really really care about is to NOT MARKET our Kodi brand along with piracy shit. We don't care if users pirate themselves or not, they are free to do whatever they are legally comfortable with, just don't claim Kodi is "the way to watch free movies". You're also not claiming "Internet Explorer is the way to watch free porn" only because you can watch content from random porn websites with it. So just stop dragging our name through the mud. Just stop.

Quote:Everybody? Yes everybody, because other will fork just before that point and carry on with the original old xbmc spirit in mind, without this foundation and trademark crap.

Kodi will happy co exist as a small user base of fanatics and moral knights. Developers would be happy to assosiate there name with it (there you go Da-anda). Althought I strongly believe the project kodi as that will die sooner than later.
I highly doubt any of the current Kodi team would move over to such a fork, so I really wonder how such a fork would ever get new features or on new platforms. I don't recall any dev of the piracy scene having contributed to Kodis codebase. All they do is write python add-ons. I don't see them working on porting Kodi to new platforms, improve audio and video playback, etc. or give anything back to the core project itself. And getting contributions to the core project is what we are after, not users getting scammed by box sellers making a quick buck and offloading the support on us.


RE: Call to Arms: Combatting Trademark Infringement - trogggy - 2016-02-12

(2016-02-12, 16:30)jjd-uk Wrote: Those saying that using Kodi in the domain name is fair use obviously don't remember this http://www.aftvnews.com/amazon-is-requiring-me-to-turn-over-firetvnews-com
Are you saying that Amazon's lawyers writing a letter is proof you can't legally have 'kodi' in a domain name in any circumstances?
Edit: and 'is fair use' is a million miles away from 'can be fair use sometimes.'
'fireTVnews.com' sounds kind of official, associated with Amazon, could cause confusion etc. No?

Edit: Oh and thread about it on xda.
http://forum.xda-developers.com/fire-tv/general/firetvnews-com-aftvnews-com-t2824474
'fireTVnews.com' is now 'AFTVnews.com'
"I am not interested in fighting this..."


RE: Call to Arms: Combatting Trademark Infringement - gbrooke - 2016-02-12

(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?


Classic Skins
(customization services for Kodi available here)
it's OK if your website says, "Media center customization services for Kodi available here;


RE: Call to Arms: Combatting Trademark Infringement - Eldorado - 2016-02-12

(2016-02-11, 22:38)Lunatixz Wrote: Let's start with: https://www.tva$$ons.ag/

typical schneegans they removed the top bar the states the site is not official, and are back to their old games... using the Kodi name all over the site!

It's clearly designed to mislead users... all this while asking for donations and handouts... shameful profiteering!

Seriously this again??

So what if the top bar is gone, the rest of the site looks fine to me, and I've always been one to be very critical of how it was done

It has Unofficial Addons for Kodi written in multiple places, TVMC/TV Addons everywhere else

And to top it all off this at the bottom of the page:

Code:
Kodi is a registered trademark of the XBMC Foundation. We are not connected to or in any other way affiliated with Kodi, Team Kodi, or the XBMC Foundation. Furthermore, any software, addons, or products offered by us will receive no support in official Kodi channels, including the Kodi forums and various social networks.

So please point out specific issues where this is misleading users, because this topic with TVA is getting very old and your personal vendetta against Eleazar is tiring.

They can demand having the word stripped completely from any reference from the site but you and I both know that will never happen


RE: Call to Arms: Combatting Trademark Infringement - jjd-uk - 2016-02-12

(2016-02-12, 16:44)trogggy Wrote: Are you saying that Amazon's lawyers writing a letter is proof you can't legally have 'kodi' in a domain name in any circumstances?
Edit: and 'is fair use' is a million miles away from 'can be fair use sometimes.'
'fireTVnews.com' sounds kind of official, associated with Amazon, could cause confusion etc. No?

Edit: Oh and thread about it on xda.

'fireTVnews.com' is now 'AFTVnews.com'
"I am not interested in fighting this..."

In US law covered by this I believe:

https://www.law.cornell.edu/uscode/text/15/1125

See Cyberpiracy prevention section.


RE: Call to Arms: Combatting Trademark Infringement - da-anda - 2016-02-12

(2016-02-12, 12:04)ClassicNancy Wrote: Nate let me ask again then. I have been using Classic Kodi Skins for my addon/wizard. It is just skins based on aeon nox 5 silvo. No addons just skins and all free. Mike Silvo is aware and I have even posted screenshots on his forum. I cannot use Kodi anywhere to denote the skins are for Kodi? I do not have a website by the way. I deleted it last night. My 6 whole members lol.
Your ofc are allowed to mention that you are creating skins for Kodi, so using the name "Kodi" in general is not forbidden (who came to that conclusion), as long as the context it's used is not confusing or harming the project. And as Nate already mentioned, giving your skins a unique name like "ClassicNancySkin" (just as an example) is in general a good idea so that users will find your website when looking for your skin. You're ofc free to say "Look what I got, ClassicNancy2, a brand new skin for Kodi...". As long as you're not confusing people and harm our project/brand we're usually happy, and ofc thankful that you contribute to the project and share it's spirit.


RE: Call to Arms: Combatting Trademark Infringement - trogggy - 2016-02-12

(2016-02-12, 17:09)jjd-uk Wrote: In US law covered by this I believe:

https://www.law.cornell.edu/uscode/text/15/1125

See Cyberpiracy prevention section.
If you can explain how someone posting a couple of skins on their site comes under cyberpiracy prevention I'm all ears.

Edit: Interestingly - that section only applies to people with an 'intent to profit...'


RE: Call to Arms: Combatting Trademark Infringement - da-anda - 2016-02-12

I just received this email from a user - and I think it clearly shows the issue
Quote:I must apologise if I have caused offence. When I first heard of kodi I thought the whole thing had to be illegal then I found that boxes were being sold on Amazon I thought everything was ' acceptable ' but I now know that is not the case.



RE: Call to Arms: Combatting Trademark Infringement - da-anda - 2016-02-12

(2016-02-12, 17:12)trogggy Wrote:
(2016-02-12, 17:09)jjd-uk Wrote: In US law covered by this I believe:

https://www.law.cornell.edu/uscode/text/15/1125

See Cyberpiracy prevention section.
If you can explain how someone posting a couple of skins on their site comes under cyberpiracy prevention I'm all ears.

Edit: Interestingly - that section only applies to people 'intending to profit...'
nobody said that having a website with a couple of skins is falling unter cyberpiracy. Our policy also mentiones that, if we get asked and agree (!), Kodi can be used in domain names. We're sorry for the users that only had good intentions in mind, but we're so fed up with the current situation that we at least for now want to wipe the slate clean and go from there carefully. We're no company, have no interrest in getting closed source, selling the project or whatever - all we want is to protect the name of the project we devote our love and time to. So please bear with us when we come off a bit harsh and fight against anyone who comes our way atm.


RE: Call to Arms: Combatting Trademark Infringement - trogggy - 2016-02-12

(2016-02-12, 17:22)da-anda Wrote:
(2016-02-12, 17:12)trogggy Wrote:
(2016-02-12, 17:09)jjd-uk Wrote: In US law covered by this I believe:

https://www.law.cornell.edu/uscode/text/15/1125

See Cyberpiracy prevention section.
If you can explain how someone posting a couple of skins on their site comes under cyberpiracy prevention I'm all ears.

Edit: Interestingly - that section only applies to people 'intending to profit...'
nobody said that having a website with a couple of skins is falling unter cyberpiracy. Our policy also mentiones that, if we get asked and agree (!), Kodi can be used in domain names. We're sorry for the users that only had good intentions in mind, but we're so fed up with the current situation that we at least for now want to wipe the slate clean and go from there carefully. We're no company, have no interrest in getting closed source, selling the project or whatever - all we want is to protect the name of the project we devote our love and time to. So please bear with us when we come off a bit harsh and fight against anyone who comes our way atm.
If you've read the thread (which I don't doubt) the question has been asked and the answer given - you can ask but the answer will always be 'No'. Until some unspecified time in the future.
That's fine, that's your policy. But that doesn't mean it has any legal basis.
Keith has said it's 'not allowed'
jjd-uk has suggested that it isn't legally allowed (here and here).
His own links don't seem to confirm that - if anything the opposite.

'Bear with us if we come across a bit harsh' is fine. I have a lot of sympathy for your position. But I think you are, to use Nate's expression, 'overreaching.'


RE: Call to Arms: Combatting Trademark Infringement - jjd-uk - 2016-02-12

I guess you didn't read this part:

Quote:the person’s intent to divert consumers from the mark owner’s online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site;



RE: Call to Arms: Combatting Trademark Infringement - da-anda - 2016-02-12

@troggy, we might be overreaching, which I agree is also not good, but that's only because this situation has been going on for too long already and all the anger and frustration that slowly grew inside us just got out in one massive explosion. I'm sure we'll be more sensitive on the long run, but we also don't have the resources to check each and every website in detail. I mean, let's just think about regional community forums - who can check them in detail if the share our piracy stance or not, so it's easier to act. I'm not saying that the easy way is always the right thing, but it's currently the only way we see.


RE: Call to Arms: Combatting Trademark Infringement - trogggy - 2016-02-12

(2016-02-12, 17:46)jjd-uk Wrote: I guess you didn't read this part:

Quote:the person’s intent to divert consumers from the mark owner’s online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site;
I don't think you understand what that means.
If I join the 'Hondavfrownersclub' I'd have to be a bit dim to think I was on an official Honda site.
If I'm on 'Kodinews.com' I might reasonably think that it was official.
If I'm on 'UnofficialKodiaddonswe'renotofficialTeamKodidon'tlikeus.com' which do you think applies?


Edit: there also has to be, from your own quote, either a profit-motive or an ' intent to tarnish or disparage the mark.'
That lets a lot of sites out straight away.


RE: Call to Arms: Combatting Trademark Infringement - trogggy - 2016-02-12

(2016-02-12, 17:48)da-anda Wrote: @troggy, we might be overreaching, which I agree is also not good, but that's only because this situation has been going on for too long already and all the anger and frustration that slowly grew inside us just got out in one massive explosion. I'm sure we'll be more sensitive on the long run, but we also don't have the resources to check each and every website in detail. I mean, let's just think about regional community forums - who can check them in detail if the share our piracy stance or not, so it's easier to act. I'm not saying that the easy way is always the right thing, but it's currently the only way we see.
I understand all that - but it doesn't change the legal situation, which I don't think is what you want it to be.