First of all, sorry to all my non-German speaking audience. Things have been
developing rather quickly last week so I just took the sample page of the
organization managing this Internet protest and it was German only.
I had to go to work before I could manage to translate the message so that's
how it was.
Now what was all this fuzz about ? Once upon a time, there was an evil
German lawyer (and it's been very long indeed), appearing at demo
parties (you know, those where all the geeks meet and exchange their gfx
demos and, quite naturally, one or the other pirated copy of a program).
Back then, Mr. German Lawyer made his money by uninvitedly appearing at
those parties and trying to get people to make pirated copies. If they did,
it definitely wasn't their day. He even placed ads in computer magazines
reading something like "15 year old geek girl wants to swap software "(and
maybe more ?!?). Ok, this was the story of the lawyer involved in this case,
not exactly a blank sheet of paper if you see it this way.
Now there's Symicron, a company which somehow managed to get a
trademark on the word explorer. Guess who their lawyer is ? Right.
Of course this company went straight for the worst thing they could
possibly do in their case: They sent cease and desist orders to holders
of private homepages linking to software like FTP-Explorer because
using their trademark in a link would allegedly violate trademark law in
Germany (you're allowed to use the word but not in advertising of marketing.
Certain lawyers, see above, are obviously seeing links as a sole marketing
thing).
The case gained some publicity when Symicron sued the maintainer of
http://www.netzwelt.com/selfhtml/, probably
the most complete free guide on html programming on the web. Soon an
organization called
Freedom for links
popped up, promising to provide
funding if the author of selfHtml wouldn't just go the easy way and pay
the cease and desist order but fight this thing all the way through court.
To draw some public attention to the case, they decided to run some sort of
internet protest in which more than a thousand websites have been
participating.
A glance at the forseeable future: although there's no final ruling in
this case yet, everything looks like the judge would rather sue the pope
over mass murder than to confirm Mr. German Lawyer's views of using the
word explorer in a link being a trademark violation. Anyway, there's no
final ruling yet (which will be announced Oct. 25th) and Symicron has already
said that they'll appeal.
As a parallel development, German computer magazine
Ct, having received one of those cease and
desist orders themselves, are now suing Symicron for abusing it's trademark.
If they win, Symicron will lose any rights on the name explorer which would
definitely be a good thing and something I'd love to
see happening to Mr. German Lawyer.
Please note that I didn't set any links to either the lawyer nor the company
doing those ridiculous thing. I don't think they deserve the extra hits on
their homepage. This kind of people should better be let alone.