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+--- Thread: Call to Arms: Combatting Trademark Infringement (/showthread.php?tid=259387)
RE: Call to Arms: Combatting Trademark Infringement - loladas - 2016-03-15
http://prntscr.com/afm310
RE: Call to Arms: Combatting Trademark Infringement - kduser35 - 2016-03-18
Very sad that KODI is not serious about following through on enforcing its trademark with YouTube videos. Some of us took your trademark seriously and deleted hundreds of 3rd party add-ons videos only to find that you guys did nothing but issue the occasional trademark notice that hasn't resulted in videos being taken down or channels being shutdown. I regret taking down my videos because you guys aren't serious about enforcing your trademark. You have done nothing to stop channels like this one (https://www.youtube.com/channel/UCTSfSNhVOXAHtvBTCcUzJAA) which not blatantly ties KODI to pirated content but also includes the pirated content in thumbnails. If you don't enforce your trademark, you will lose rights to it.
RE: Call to Arms: Combatting Trademark Infringement - Ned Scott - 2016-03-18
First, there are thousands and thousands of these videos, and YouTube isn't always fast when you're a small non-profit group. If Kodi was a movie studio then they would take videos down faster. Then, consider how many new videos get added in the time it takes to remove other videos.
Second, a lot of people are confused about what would get taken down. It is possible to talk about Kodi and pirate streaming add-ons and not violate any trademarks. It's probably still violating YouTube's TOS, but that's not Kodi's problem. It depends on the video, how information is presented, if it seems like it causes confusion, and stuff like that. I have not looked at your specific example, so I'm not saying that is the case, but it is something to keep in mind.
RE: Call to Arms: Combatting Trademark Infringement - wrxtasy - 2016-03-20
(2016-03-14, 13:32)DarrenHill Wrote: Anything installed from the official repo will have been checked and verified as not being malicious or nasty, but no guarantee is given for anything you chose to install yourself. It's a similar point to the piracy one - you're free to do whatever you wish with Kodi as an open source program, but should you chose a less than legitimate course of actions and you get into trouble as a result, then it's your own fault and problem. It's when the user is too naïve or greedy to know that someone else has made that choice for them when they bought a box with pre-installed crap that the issues can really start, hence our stance on them.It is only going to take one malicious addon with a Malware payload to make naive Kodi Newb users wake up to themselves.
This is not a question of IF it will happen but when. I'm sure criminals are already looking at Harvesting users data as I type this.
Looks like a very easy entry point into a PC if you ask me.
RE: Call to Arms: Combatting Trademark Infringement - kduser35 - 2016-03-22
(2016-03-04, 05:35)Ned Scott Wrote:(2016-03-04, 05:18)kduser35 Wrote: Can the KODi Team clarify whether the trademark is limited to KODI, or does it also include XBMC and SPMC?
Thank you,
http://kodi.wiki/view/Official:List_of_Foundation_Trademarks
Koying does SPMC, and I don't think he would be happy with people messing with his name either.
(2016-03-18, 18:35)Ned Scott Wrote: First, there are thousands and thousands of these videos, and YouTube isn't always fast when you're a small non-profit group. If Kodi was a movie studio then they would take videos down faster. Then, consider how many new videos get added in the time it takes to remove other videos.
Second, a lot of people are confused about what would get taken down. It is possible to talk about Kodi and pirate streaming add-ons and not violate any trademarks. It's probably still violating YouTube's TOS, but that's not Kodi's problem. It depends on the video, how information is presented, if it seems like it causes confusion, and stuff like that. I have not looked at your specific example, so I'm not saying that is the case, but it is something to keep in mind.
I understand your plight but this is not the way trademark law works. Since KODI first posted its Call to Arms nearly a couple of months ago, users have provided KODI with dozens of YouTube channels with clear violations. There is no confusing videos with titles such as "Watch HBO with KODI". If a pattern emerges where trademark notices are not filed or enforced, KODI will lose its right to enforce its trademark period. Those of us who respected your trademark rights have deleted thousands of videos, and we're not seeing serious enforcement of violating channels. As stated in this forum by several KODI team members, video makers need to disassociate the KODI name with pirated content. How can we help you get this goal?
RE: Call to Arms: Combatting Trademark Infringement - Ned Scott - 2016-03-22
(2016-03-22, 01:43)kduser35 Wrote: I understand your plight but this is not the way trademark law works. Since KODI first posted its Call to Arms nearly a couple of months ago, users have provided KODI with dozens of YouTube channels with clear violations. There is no confusing videos with titles such as "Watch HBO with KODI". If a pattern emerges where trademark notices are not filed or enforced, KODI will lose its right to enforce its trademark period. Those of us who respected your trademark rights have deleted thousands of videos, and we're not seeing serious enforcement of violating channels. As stated in this forum by several KODI team members, video makers need to disassociate the KODI name with pirated content. How can we help you get this goal?
First, I am not a member of Team Kodi. I am in charge of the official Kodi wiki and I help out in the forums, that is all. Just to make that clear.
The XBMC Foundation, who controls the Kodi-related trademarks, understands trademark law very well. They even have lawyers from the awesome Software Freedom Law Center.
It doesn't matter how many videos you report, nor does it matter how many videos the XBMC Foundation/ Kodi project reports. Google/YouTube is the only entity that can actually take the videos down. Kodi will not lose the Kodi trademark just because Google is slow. Trademark law only requires the Kodi project to take action, which they are doing, as they are notified of offending videos. If it becomes an issue then Google/YouTube can directly be held accountable, but I seriously doubt that such a point has been reached yet. Trademark law does account for the fact that people are not wizards, and can only do so much to defend their trademark. There are only so many hours in a day. The law is not meant to be a burden, but a form of protection.
EDIT: To clarify, I am a "retired" member of Team Kodi.
RE: Call to Arms: Combatting Trademark Infringement - TheGame1986 - 2016-03-23
(2016-03-22, 01:43)kduser35 Wrote: I understand your plight but this is not the way trademark law works. Since KODI first posted its Call to Arms nearly a couple of months ago, users have provided KODI with dozens of YouTube channels with clear violations. There is no confusing videos with titles such as "Watch HBO with KODI". If a pattern emerges where trademark notices are not filed or enforced, KODI will lose its right to enforce its trademark period. Those of us who respected your trademark rights have deleted thousands of videos, and we're not seeing serious enforcement of violating channels. As stated in this forum by several KODI team members, video makers need to disassociate the KODI name with pirated content. How can we help you get this goal?
I think you misunderstand. Kodi didn't post this Call to Arms thread, a forum member/regular user did. The Foundation already said that going after certain YouTube bloggers and websites are on their agenda, but I'm sure this stuff takes time. This thread only started on 10th February, so it's been roughly six weeks. I think, although I'm certainly no expert, that this is a relatively short time, especially if my assumption that maybe only one or two team members are dealing with it alone is correct.
You have to remember that this stuff has to be prioritised, too. You 'go after' the worse offender and then work your way down, and I'm sure there are worse offenders out there that need dealing with first, such as certain box sellers, etc.
In a way, this thread has made users probably expect something to be done instantly, but that isn't the case. On the other hand, just because you don't see sites/bloggers being 'shut down' doesn't mean that nothing isn't going on in the background. Even on YouTube, you file a complaint, YouTube 'investigates', YouTube contact the user, etc., etc. it's a lengthy process.
But this thread was never authored by a Kodi team member, this wasn't a declaration by Kodi, it was a forum user wanting to bring awareness to certain websites, social groups and bloggers.
RE: Call to Arms: Combatting Trademark Infringement - pbureau - 2016-03-24
I just discovered that thread, and it inspires me a related but different question.
What if one would like to start a Kodi related site, genuinely supporting the effort to promote the solution. How could he or she make the request to use the name? What would be the guidelines to follow? Is there a "fair use" policy for those who are relaying the exposure of Kodi on the Web?
To me it seems like blindly shutting down any website talking about Kodi would do more harm than good to the community....
RE: Call to Arms: Combatting Trademark Infringement - da-anda - 2016-03-24
(2016-03-24, 13:45)pbureau Wrote: I just discovered that thread, and it inspires me a related but different question.Stick to the trademark policy and you're fine http://kodi.wiki/view/Official:Trademark_Policy
What if one would like to start a Kodi related site, genuinely supporting the effort to promote the solution. How could he or she make the request to use the name? What would be the guidelines to follow? Is there a "fair use" policy for those who are relaying the exposure of Kodi on the Web?
To me it seems like blindly shutting down any website talking about Kodi would do more harm than good to the community....
RE: Call to Arms: Combatting Trademark Infringement - nikeman2000 - 2016-03-28
Just a question why does Kodi not require signing of addons and build it in to the backend of kodi as part of the framework to the application. Essentially, some one loads a addon on, addon is pre-degitally signed by kodi using a generated encrypted authentication key for the addon. obviously people will find ways around it but over time you send out updates to the software which changes this around and it keeps changing in cycles for each kodi version.
In the end people give up setting these up as all in one box's due to the trouble to maintain them.
similar to how sony stays a head of the curve, they update their system firmwares constantly to attempt to bypass any current hacks on the market and they continue to succeed. While yes some hacks continue to work they are more of a pain to have due to having them in place cuts out other "features" of the console so most people don't use the hacks.
After the encrypted signature is in play i would then open developers to custom addons but require it be re-registered with a key generated on some website every say 48 hours or once a week.
So example, kodi does not support the pirating addons. Kodi does not generate a encrypted key for it as a recognized app. User has to re-register the custom app every 48 hours or something and if they don't the software fails to play the addon. The security key changes and verifies its legit via the web server and if not it cuts it out.
just thinking off the top of my head. I'm sure some one would duplicate addons but got to be a easier way to do this than a forum and hundreds of sites to chase down. Feel like we are trying to take on one ant at a time while 200 are being made by the queen....I think the solution is in the software....
RE: Call to Arms: Combatting Trademark Infringement - Ned Scott - 2016-03-28
Please please please actually try and read what has already been posted. Kodi will not ever make it harder for people to install add-ons. Kodi is not against pirating video, it's not trying to stop people from pirating videos, and that is not the point.
RE: Call to Arms: Combatting Trademark Infringement - nikeman2000 - 2016-03-29
just pointing out the obvious since you had a attitude with your response.....
______________________________________________________________________________________________________________________________________________________________________
http://kodi.wiki/view/Official:Forum_rules/Banned_add-ons
1 How do I tell if something is allowed or not
[Expand] click "Expand" to view the rules on piracy/bootleg video content -->
The basic rule of thumb for what is not allowed, is that if the Add-on is offering something for free that you would normally expect to pay for by any other means, then it'll most likely be using pirate feeds.
______________________________________________________________________________________________________________________________________________________________________
You're words - "First, I am not a member of Team Kodi. I am in charge of the official Kodi wiki and I help out in the forums, that is all. Just to make that clear."
Response - For some one who works the wiki, you sure don't know what is in it. Per the wiki Kodi does not support pirating and has gone a step further by black listing addons and adding a wiki document outlining this...oh wait...that would of been you who made it....
Ok don't need the publics help to come up with ideas on helping the company get out of the negative spot light....got it....
* nikeman2000 moves back to his own future progress and stops giving free advice
.....
RE: Call to Arms: Combatting Trademark Infringement - Tinwarble - 2016-03-29
(2016-03-29, 05:05)nikeman2000 Wrote: Response - For some one who works the wiki, you sure don't know what is in it. Per the wiki Kodi does not support pirating and has gone a step further by black listing addons and adding a wiki document outlining this...oh wait...that would of been you who made it....
Apparently what we have here is a failure to read.
From the top of the banned add-on wiki:
Quote:This is an example list of repositories and add-ons that have been identified as violating the Kodi forum rules. This means they have been banned from any official Kodi forums, websites, IRC channels and any social media accounts that are under the control of Team Kodi or the XBMC Foundation.
This list is only an example, and does not include all add-ons or services that violate the forum rules.
While Team Kodi does not regulate what users install or use, we ask that you do not come to any of the official Kodi websites for support on these repos/add-ons. Failure to do so may result in a ban.
In other words, that part of the wiki does not apply to Kodi, it applies on to what can be talked about in the " official Kodi forums, websites, IRC channels and any social media accounts that are under the control of Team Kodi or the XBMC Foundation"
RE: Call to Arms: Combatting Trademark Infringement - DarrenHill - 2016-03-29
In a nutshell it's free open source media that you can do with as you wish. If you wish to use it for illegal or immoral purposes, then that's entirely your right to do so and your own free-will choice.
However we do not support anyone who wishes to do so, nor do we promote, or on this board allow to be promoted, such usage. Nate's blog post explains it well.
We offer the software, how you use it is entirely up to you. We don't tell you how to (or how not to) use it, that's entirely your right and choice (and by doing so you accept the responsibility and any consequences for doing so). What we do not like or condone though is people who by deceit or other means take that choice away from the end user, for example by misrepresenting the banned add-ons (wiki) as legal, above-board and legitimate, or by the "fully loaded" box sellers who bundle everything together and make it appear that the crapware is a part of Kodi itself rather than something that's bolted on.
Yes it's a fine distinction, but it's an important one. It comes down to educating the user into quite what they are getting in to, and making sure that they are getting into it of their own choice and free will rather than by any subterfuge or trickery.
RE: Call to Arms: Combatting Trademark Infringement - Jaxo - 2016-04-01
Make no mistake about it,.. the only reason Kodi has had the success it has had is due to 3rd party add-ons and websites..
The "foundation" are coming across like a right bunch of stuck up bell ends ..