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+--- Thread: Call to Arms: Combatting Trademark Infringement (/showthread.php?tid=259387)
RE: Call to Arms: Combatting Trademark Infringement - keith - 2016-02-12
Nope, we're not concerned, because getting rid people abusing our name and selling 3rd party boxes full of broken pirated addons is worth it.
Nobody is selling fake Hondas as real things, or surrounding your honda logo/frame with a bunch of crappy components that will break down and you don't know any better so youre going to honda asking why this stuff failed.
If you don't like the policy, you can freely use other products, or fork this one and do whatever you want. Just leave our name out of it.
RE: Call to Arms: Combatting Trademark Infringement - thezoggy - 2016-02-12
xbmc has always had a bad stigma with those devices sold on certain sites for the sole purpose of playing pirated content... which later makes it hard for xbmc to be put on platform/devices because companies assume thats all it can be used for. then with xbmc there wasnt much the group can do because they didnt own the name.. with kodi that changes. hence its about time they do something to stop people from profiting from their hard work.. i dont think anyone in the kodi group would care if they say their devices support kodi.. you just cant market it as a kodi box or use kodi as your selling point.. especially when you couple it with addons that are to solely pirate things.. thus making association of it being a box to pirate content. think about it, do you associate vlc/mpc-hq the same was as kodi?
RE: Call to Arms: Combatting Trademark Infringement - trogggy - 2016-02-12
(2016-02-12, 02:19)keith Wrote: Nope, we're not concerned, because getting rid people abusing our name and selling 3rd party boxes full of broken pirated addons is worth it.You lose a little bit more goodwill when you take my post and assume that I'm using 3rd party sites or anything else that's banned here.
Nobody is selling fake Hondas as real things, or surrounding your honda logo/frame with a bunch of crappy components that will break down and you don't know any better so youre going to honda asking why this stuff failed.
If you don't like the policy, you can freely use other products, or fork this one and do whatever you want. Just leave our name out of it.
If I don't like the policy should I shut up?
Edit: and there are plenty of 3rd party and pattern parts sold for Hondas - and any other vehicle. Often discussed in forums.
RE: Call to Arms: Combatting Trademark Infringement - Wanilton - 2016-02-12
I believe fair use Kodi is possible, if person request for XBMC Foundation, right?
http://kodi.wiki/view/Official:Domain_Name_License
The XBMC Foundation currently has no formal domain name program for people who wish to use XBMC/Kodi trademarks. The XBMC Foundation strongly discourages using "Kodi" or "XBMC" in a domain name as it will most likely cause confusion or one of many other trademark-related concerns. Case-by-case exceptions might be made if a request is formally made to the XBMC Foundation, but there are no guarantees. Feel free to contact contact@xbmc.org for questions.
In the past I request use kodibrasil for Nate, but answer is we need time for definitive answer, I hope that XBMC Foundation will take the right decision and let community forums use KODI, like kodinerds, kodimania, mediapassion and others, including use arts. Our domain is active, but we don´t use this domain anymore (expire in august 2016, and I don´t have plans for renew).
RE: Call to Arms: Combatting Trademark Infringement - keith - 2016-02-12
(2016-02-12, 02:22)trogggy Wrote: You lose a little bit more goodwill when you take my post and assume that I'm using 3rd party sites or anything else that's banned here.We will never go after users. We assume, correctly, that the people who are using our trademarked name are in violation and will respond thusly. As MrMC said, if we don't defend our trademark, we lose it.
If I don't like the policy should I shut up?
We are taking a sledgehammer approach to all of the guys who are abusing our trademark, especially the guys making money off it and providing stuff we do not agree with. Then we will revise to what we feel is right.
But yes, this isn't the government, nobody is forcing you to use our stuff, it's a choice you make, and agree to our polices by doing that. If you don't like it, you can do something about it, like use another product, or fork this one and create your own. You can even use all of our hard work, the beauty of open source.
RE: Call to Arms: Combatting Trademark Infringement - Gombeek - 2016-02-12
I agree a lot of those domain names mentioned need to be removed as they are misleading. However the one named "koditips" isn't misleading just like "macrumours" isn't misleading and then the law states it is ok to use a brand name in a domain if it isn't misleading. Without getting into a lengthy legal debate on trademark violations there is simply some battles either the defendant or prosecution just don't need to make, it just isn't worth.
As for going after those on youtube for trademark violation, I can see the trademark being violated A BIT when they use the name or logo in the thumbnail, but come on guys, you're going too far. Is the apple, windows, google, android logos all being used under licence on your download page? Is trademark references given to Nintendo, Sony, Sega on your menus when setting up remote controls like pictured here https://youtu.be/eYUuWy4VDgE?t=23m19s
As far as using the name within the review or tutorial or whatever, it is a freedom of speech and freedom of the press right that everyone in the free world holds to do so. Wether this is review is done for good or bad it is everyone right to do so. Trying to sue or "mute" public opinions or advice has started wars, revolutions, etc. I don't think this is the best move for Kodi as it make the Kodi foundation look like bullies and not the innocent. You would have been better off trying to reach out to the community in a peaceful manner and come to an agreement.
As for the "K" logo, you can't just add that to your trade mark policy and make it a rule... the reality is you need to actually trade mark the logo with colours and all. So sorry to say mettle kettle is correct in that the other company could have legal grounds to say the logo infringes on their trademark.
IMHO
RE: Call to Arms: Combatting Trademark Infringement - Razze - 2016-02-12
(2016-02-12, 02:27)Gombeek Wrote: As for going after those on youtube for trademark violation, I can see the trademark being violated A BIT when they use the name or logo in the thumbnail, but come on guys, you're going too far. Is the apple, windows, google, android logos all being used under licence on your download page? Is trademark references given to Nintendo, Sony, Sega on your menus when setting up remote controls like pictured here https://youtu.be/eYUuWy4VDgE?t=23m19s
As far as I understood it, we will go a after everything that mentions our trademarks in combination to banned addons/repos. Banned as in using pirated content.
We certainly don't want reviews of non pirate addons or kodi itself gone.
RE: Call to Arms: Combatting Trademark Infringement - trogggy - 2016-02-12
(2016-02-12, 02:27)keith Wrote:(2016-02-12, 02:22)trogggy Wrote: You lose a little bit more goodwill when you take my post and assume that I'm using 3rd party sites or anything else that's banned here.We will never go after users. We assume, correctly, that the people who are using our trademarked name are in violation and will respond thusly. As MrMC said, if we don't defend our trademark, we lose it.
If I don't like the policy should I shut up?
We are taking a sledgehammer approach to all of the guys who are abusing our trademark, especially the guys making money off it and providing stuff we do not agree with. Then we will revise to what we feel is right.
I don't agree to your policy on arbitrarily 'banning' the use of Kodi in a website name irrespective of the website content.
And I don't believe you have any legal basis for doing that.
I understand that you don't want kodi associated with piracy.
I'd support any action you take against a site or seller that is passing themselves off as an official kodi site.
But saying something's 'not allowed' is for a court.
Quote:But yes, this isn't the government, nobody is forcing you to use our stuff, it's a choice you make, and agree to our polices by doing that. If you don't like it, you can do something about it, like use another product, or fork this one and create your own. You can even use all of our hard work, the beauty of open source.I don't have to agree with all the actions of TeamKodi to use the software though. Do I?
'At no point will any user be prevented from using Kodi Media Center as they so choose, nor will they be prevented from adding additional Addons not in the Kodi Addon Repository or additional addon repositories.'
Has this changed?
RE: Call to Arms: Combatting Trademark Infringement - eiri1234 - 2016-02-12
With all due respect to kodi and the awesome dev's, kodi will become a shadow of its former self without the behemoth that is the 3rd party addons and all that goes with it. also there are a swarm of new python coders because of this people will just make a new kodi program. what xbmc has started is too big to stop there is no way that you will win everybody will lose this is a lose lose situation, you're talking about amulti- million dollar ecosystem here from box sellers, box manufacturers ,youtubers, advertisers youtube it self etc... everyone will lose. eventually 3rd party addon will find a new home Thats for sure. plus who is this guy posting it was his 2nd post and now it has grown way out proportion. kodi will feel blow back eventually.
RE: Call to Arms: Combatting Trademark Infringement - Gombeek - 2016-02-12
(2016-02-12, 02:35)Razze Wrote:(2016-02-12, 02:27)Gombeek Wrote: As for going after those on youtube for trademark violation, I can see the trademark being violated A BIT when they use the name or logo in the thumbnail, but come on guys, you're going too far. Is the apple, windows, google, android logos all being used under licence on your download page? Is trademark references given to Nintendo, Sony, Sega on your menus when setting up remote controls like pictured here https://youtu.be/eYUuWy4VDgE?t=23m19s
As far as I understood it, we will go a after everything that mentions our trademarks in combination to banned addons/repos. Banned as in using pirated content.
We certainly don't want reviews of non pirate addons or kodi itself gone.
Thats a bit of the pot calling the kettle black, from a org that promotes loading an unofficial app onto apple via jailbreaking which violates apples TOA.
IMHO
RE: Call to Arms: Combatting Trademark Infringement - Big Aero - 2016-02-12
What about Retroplayer & Internet Archive ROM Launcher - the piracy powerhouse used for playing console roms directly on Kodi? Developed by Kodi, and currently being intergrated into Kodi.
Do you think the likes of Sony and Nintendo are happy your software is being designed to stream illegal video games?
Because this seems legit....
Currently Available Platforms:
Arcade (MAME): 3478 Games
Atari 2600: 710 Games (1523 Games Unfiltered)
Atari Jaguar: 58 Games
Game Boy Classic: 1280 Games (1600 Games Unfiltered)
Game Boy Advance: 1901 Games (2923 Games Unfiltered)
Game Boy Color: 963 Games (1416 Games Unfiltered)
MS DOS Games (DOSBox): 2594 Games
Nintendo 64: 482 Games (937 Games Unfiltered)
Nintendo Entertainment System: 1903 Games (2677 Games Unfiltered)
Neo Geo Pocket Color: 74 Games (119 Games Unfiltered)
Sega 32X: 34 Games
Sega Game Gear: 408 Games (497 Games Unfiltered)
Sega Genesis: 1034 Games (1697 Games Unfiltered)
Sega Master System: 391 Games (544 Games Unfiltered)
Super Nintendo: 1846 Games (3368 Games Unfiltered)
TurboGrafx 16: 345 Games (419 Games Unfiltered)
Neo-Geo CD: 99 Games
Sega CD: 170 Games
MSX: 1007 Games
Atari 7800: 24 Games
Playstation (PS1 / PSX): 1454 Games
Sega Saturn: 1336 Games
RE: Call to Arms: Combatting Trademark Infringement - coromi52 - 2016-02-12
On that note guys, what name did this site tart with? xbmc? xbox media center? How ironic! xbox has no relations with this site and the xbox media center was what opened the door to all of this open source stuff. Do not get it!
RE: Call to Arms: Combatting Trademark Infringement - coromi52 - 2016-02-12
I mean after all we know Microsoft!
RE: Call to Arms: Combatting Trademark Infringement - Big Aero - 2016-02-12
I'm just fed up with the constant drama on this support forum. Users visit a support forum for support. Every time I visit theres either a massive new thread about trademark violation, piracy, or Android box sellers.
If your going to do something to seperate your brand from piracy, then completely strip the ability to install 3rd party addons. Takedown notices to trademark violators certainly wont achieve anything, as others will take their place in no time.
RE: Call to Arms: Combatting Trademark Infringement - Big Aero - 2016-02-12
P.S I seen a listing the other day, the guy had sold over 2500 Fire TV's loaded with Kodi - that's some £38,000 profit. You are essentially allowing this as you aren't doing anything to prevent the installation of 3rd party addons.