Re: Java Soft-Real-Time Processor (JSRTProc)

Larry K. Wollensham wrote:
Arne Vajhøj wrote:
Larry K. Wollensham wrote:
Try this on for size: "there's safety in numbers". In a crowd, your odds of getting singled out for special attention are minimal compared to if you stand alone.

It may not improve his odds if he is hauled into court, but it may well improve his odds of not getting hauled into court to begin with.

From the moral perspective: that does not make it right.

No, but then, doing something contrary to the expressed wishes of a large corporation (but within the bounds of the law) is not wrong or immoral anyway. (Unless you'd signed an agreement with that company and then violated it. That would be breach of contract, as well as dishonesty, oath-breaking, and related moral sins.)

Violating the letter of the law is also sometimes not morally wrong, though it is always (by definition) illegal.

You have a different type of moral then.

And Google indexes more than just the product name, so that should
be just as easy to find.

Give that Google Inc. was two days old when that article was posted,
then I don't think it adequately reflects how Google works in 2009.

But, IANAL, so take all of this with a grain of salt. The best advice in this thread was the one suggesting the OP consult with a lawyer in his own part of the world.

Assuming that the product is intended for world wide use, then he would
need to consult lawyers all over the world.

Nonsense. He needs to consult with lawyers in the jurisdiction where he is actually hosting the product, and that's it.


If he want the product to be used all over the world he would want it
to be legal all over the world.

Having a name that is legal in country A, B and C bit not legal
in country D, E and F is not good.

Note that this allows the OP to do some jurisdiction-shopping, and find hosting in a country with liberal fair-dealing rules regarding trademarks.
> Web sites and e-businesses are generally only held to the laws of the
> states and countries where they have a physical presence -- a business
> office, a web server, or what-have-you.

If it was a hosted service, then he could search for a country that
take the money and don't ask to many questions.

But is not a hosted service - it is software.

Of course, there are also means of distributing a product that don't involve a specific host location at all. Freenet, bittorrent, and the like. Mind you, if there's no central web presence to sue, the odds of a lawsuit naming the individual author go up if there is to be a lawsuit. At the same time, the product itself is pretty much safe from being taken down as soon as it becomes fairly widespread. Anonymously releasing something using such methods is one way to thumb your nose at a corporation that you think is overstepping its legal authority.

If he want to go be in with all the copyright infringers, spammers
and hackers then that is an option.

But I would not suggest that.

One thing he can certainly try is calling his product just "JSRTProc" as its official name, with "A Java Soft-Real-Time Processor" as the usual accompanying descriptive text, and register, or, or whatever.

Yep !!!!