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Arsenic Lupin posted:I talked to my friend the IP lawyer and she says the developer is completely in the wrong, legally, and that the most unreasonable person here is clearly the developer. I still feel that Kik tried to use a "we're all buddies here, please do this" tone when they weren't buddies and it wasn't a request.
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Mar 23, 2016 22:51
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twodot posted:Even if their package is doing something sufficiently similar to the purpose of the Kik trademark, wouldn't that it's noncommercial prevent infringement? No.
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Mar 23, 2016 22:53
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twodot posted:Even if their package is doing something sufficiently similar to the purpose of the Kik trademark, wouldn't that it's noncommercial prevent infringement? It not being commercial itself is not enough to excuse infringement, it just changes the damage calculation. If I am giving away free burgers as "McDonald's", I'm still impacting McDonald's ability to use their trademark to attract business.
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Mar 23, 2016 22:58
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foobardog posted:It not being commercial itself is not enough to excuse infringement, it just changes the damage calculation. If I am giving away free burgers as "McDonald's", I'm still impacting McDonald's ability to use their trademark to attract business. And indeed you can cause as much or more damage to McDonald's in that scenario as if you were selling the burgers.
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Mar 23, 2016 23:01
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Subjunctive posted:They asked how he'd like to proceed, and even offered compensation, when the developer was breaking the law. They were much nicer than the law requires, and much more polite than the developer in the conversation. The outcome was pre-ordained: he was going to remove or rename the "kik" projects. IMO the Kik representative was more than considerate in exploring how to get to that point. The developer was no doubt going to be an rear end in a top hat regardless, but the opening letter should have been more honest about what was going on. They were asking the developer to rename a well-known and well-established pair of packages, causing (as demonstrated) a lot of inconvenience to a lot of production systems, without either offering the carrot of compensation or threatening the stick of trademark. The second letter (minus "I don't want to be a dick") would have made a much more straightforward opening.
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Mar 23, 2016 23:18
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Arsenic Lupin posted:They were asking the developer to rename a well-known and well-established pair of packages, causing (as demonstrated) a lot of inconvenience to a lot of production systems, without either offering the carrot of compensation or threatening the stick of trademark. The package that broke the production systems was an unrelated package that azer took down as part of his spiteful fit after they removed his "kik" package.
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Mar 23, 2016 23:23
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Arsenic Lupin posted:The developer was no doubt going to be an rear end in a top hat regardless, but the opening letter should have been more honest about what was going on. They were asking the developer to rename a well-known and well-established pair of packages, causing (as demonstrated) a lot of inconvenience to a lot of production systems, without either offering the carrot of compensation or threatening the stick of trademark. Someone is idling blocking your driveway. You walk up to the window and tap on it. The driver rolls down the window. The first thing you say is 1) "Hey, could I ask you to move your car so I can get out?" 2) "Move your car or I'll have you ticketed and towed." 3) "If I give you $20, will you move your car?"
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Mar 23, 2016 23:30
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Subjunctive posted:Someone is idling blocking your driveway. You walk up to the window and tap on it. The driver rolls down the window. The first thing you say is Neither of these things is a business rep telling someone to comply with the law. I expect a business rep to write in a matter-of-fact tone at the very least when he wants me to do something. I wouldn't take a business rep starting his letter/email with "hey buddy could you please do X, thxbye your friends at company Y" seriously at all unless I had personally met the guy before.
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Mar 23, 2016 23:51
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I CANNOT EJACULATE WITHOUT SEEING NATIVE AMERICANS BRUTALISED!
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blowfish posted:Neither of these things is a business rep telling someone to comply with the law. I expect a business rep to write in a matter-of-fact tone at the very least when he wants me to do something. I wouldn't take a business rep starting his letter/email with "hey buddy could you please do X, thxbye your friends at company Y" seriously at all unless I had personally met the guy before. Ok grandpa
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Mar 24, 2016 00:12
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Subjunctive posted:Someone is idling blocking your driveway. You walk up to the window and tap on it. The driver rolls down the window. The first thing you say is That is *exactly* the point. These are not two random dudes talking. It's "Hi, you are infringing my trademark", which is not a dudely conversation. As Blowfish says, when you're making a corporate request that is going to inconvenience somebody, act like a corporation.
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Mar 24, 2016 00:19
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The trademark, like the towing, is only relevant if "hey, this is inconveniencing me, can you change it?" doesn't resolve the issues. When I asked my landlord (a corporation) if I could install a charger for my car, I didn't open with the fact that the law requires them to let me. That's an escalation that I didn't want to use unless it was necessary. I have in the past been involved in delivering "name collision" missives, and they always started with "hey, I'm from X and we'd rather you not use our name Y for your thing -- do you think you could change that?" Easily half the time that was sufficient, without making things adversarial by invoking trademark law. When it didn't resolve things, I would copy counsel and include a canned paragraph about our trademarks, but it was always phase two. Relationships with groups where things were resolved in phase one were generally much better than if I had to explain what the legal context was.
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Mar 24, 2016 00:28
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They weren't worried about diluting their brand, they wanted to publish some of their code without changing the name to "libkik" or whatever. The trademark thing is just because they're jerks imo. No consumers are going to actually be confused and use npm to install kik the js library instead of calling people on the also-ran mobile messaging app. Like come the gently caress on.
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Mar 24, 2016 02:38
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Arsenic Lupin posted:Holy *cow*. Check out the mail these jerks sent to the developer. I just want to chime in that 'break the internet' is the new 'going viral' and it's obnoxious. I was looking at shared studio spaces with some of my photography colleagues, and as we were looking at spaces, the leasing agent mentioned that one of the larger ones is being taken up by a 'guy who does tech reviews on youtube.' Between 4 of us, we can afford a space that's about 2700 square feet or so. This youtube guy can somehow afford a space that's 4000 square feet. I hope we get the space we looked at, because I want to see if this dude crashes and burns. Is it safe to say that 'going viral' is circling the drain? Like the local news always starts their fluff stories with 'In a viral video released earlier this week...' and it's some video with 500k views that I've never heard of. What's like the cutoff point for making money on youtube? Because this article warms my black heart.
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Mar 24, 2016 03:26
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red19fire posted:Is it safe to say that 'going viral' is circling the drain? Like the local news always starts their fluff stories with 'In a viral video released earlier this week...' and it's some video with 500k views that I've never heard of. What's like the cutoff point for making money on youtube? Because this article warms my black heart. Today I saw "viral" used to describe something that had, I quote, "hundreds of shares". That word is about as mangled and dead as "troll" is.
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Mar 24, 2016 03:30
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red19fire posted:Is it safe to say that 'going viral' is circling the drain? Like the local news always starts their fluff stories with 'In a viral video released earlier this week...' and it's some video with 500k views that I've never heard of. What's like the cutoff point for making money on youtube? Because this article warms my black heart. I'm not really sure why that article makes you happy, to be honest. The fact that everyone except the very top content creators are effectively working extremely poorly paid full time jobs to add an incredible amount of value to platforms like youtube is... not great. Actually it's really, really bad. It also doesn't have much to do with "viral" videos since big content creators actually rely on having a longer term, more reliable fanbase. A lot of the "democratization" that the internet supposedly brings to content is wildly skewed to favor platform and service creators over actual content creators. Paradoxish fucked around with this message at 03:47 on Mar 24, 2016 |
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Mar 24, 2016 03:45
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yeah this reminds me of stuff on youtube like thejuicemedia that recently had to shut down even after several earnest years of clear effort
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Mar 24, 2016 04:02
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red19fire posted:Is it safe to say that 'going viral' is circling the drain? Like the local news always starts their fluff stories with 'In a viral video released earlier this week...' and it's some video with 500k views that I've never heard of. What's like the cutoff point for making money on youtube? Because this article warms my black heart. I don't know what the situation is like now, but I have friends who are friends with a niche youtube 'star' with about a million and a half followers and he was grossing $200k a month last year. He's not even in the top 50 in his niche, either.
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Mar 24, 2016 04:54
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Arsenic Lupin posted:I talked to my friend the IP lawyer and she says the developer is completely in the wrong, legally, and that the most unreasonable person here is clearly the developer. I still feel that Kik tried to use a "we're all buddies here, please do this" tone when they weren't buddies and it wasn't a request. Unless they can demonstrate that they had a viable trademark interest in the Node.js stack before he wrote the Kik library in that context, how is what he did illegal?
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Mar 24, 2016 05:10
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the talent deficit posted:I don't know what the situation is like now, but I have friends who are friends with a niche youtube 'star' with about a million and a half followers and he was grossing $200k a month last year. He's not even in the top 50 in his niche, either. It's very unlikely he's grossing 2.4mm a year directly on YT with his sub base.
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Mar 24, 2016 08:20
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I thought he pulled some vital package that was actually important, but the big deal was over a leftpad function? That looks like some coding exercise for an intro programming class. Are the people who code utility functions in big open source projects really that important?
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Mar 24, 2016 08:46
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Popular Thug Drink posted:
Remember how folks here were trying to convince us that being critical of LBGT policies in places like North Carolina was nothing more than regional chauvinism? quote:Instead, legislators returned to the state house to overrule a local ordinance in Charlotte banning discrimination against LGBT people. A bill written for that purpose passed Wednesday evening and was signed by Governor Pat McCrory, a Republican. In the House, every Republican and 11 Democrats backed the bill. In the Senate, Democrats walked out when a vote was called, resulting in a 32-0 passage by Republicans. The law not only overturns Charlotte’s ban: It also prevents any local governments from passing their own non-discrimination ordinances, mandates that students in the state’s schools use bathrooms corresponding to the gender on their birth certificate, and prevents cities from enacting minimum wages higher than the state’s. Huh, so I guess these local differences do matter. I love how they threw in the anti-minimum wage bit in there as a nice "we haven't forgotten to gently caress the poor either" measure.
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Mar 24, 2016 14:45
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Weren't you the guy arguing that backass places like NC were more friendly to GLBT minorities than bigger cities? Guess you were wrong
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Mar 24, 2016 15:01
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shrike82 posted:Weren't you the guy arguing that backass places like NC were more friendly to GLBT minorities than bigger cities? Guess you were wrong If only there was some sort of text log of previous posts you could read to stop you from posting something so wrong. Imagine if it was as easy as clicking a question mark to find every post in a thread by a specific user.
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Mar 24, 2016 15:05
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Solkanar512 posted:The only people making the extreme claims of "mad max hellholes" are folks like you, not me. I said it makes a difference, not that they were complete shitholes. Case in point, i think we can label NC a complete shithole
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Mar 24, 2016 15:07
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WarpedLichen posted:I thought he pulled some vital package that was actually important, but the big deal was over a leftpad function? That looks like some coding exercise for an intro programming class.
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Mar 24, 2016 17:58
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Gail Wynand posted:This is what happens when a language has a poo poo standard library, you get projects with tons and tons of dependencies for basic utility functions. I used to work for a company (Rogue Wave) that made money out of this simple fact.
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Mar 24, 2016 18:31
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Uber's disrupting the bug bounty system (by not paying for bugs). https://www.reddit.com/r/technology/comments/4bq67q/ubers_bug_bounty_program_is_a_complete_sham/
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Mar 24, 2016 18:36
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computer parts posted:Uber's disrupting the bug bounty system (by not paying for bugs). Are his bugs not "there is a login page available"? It looks that way from his tweets, I don't think that really constitutes a security bug.
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Mar 24, 2016 18:45
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And it begins...quote:Rebellious Yahoo investors seeking to oust CEO Marissa Mayer and hasten a sale of the troubled search pioneer moved on Thursday to replace the company’s entire board, setting up a showdown at the annual shareholders meeting this summer. 
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Mar 24, 2016 20:59
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Hiring Mayer as a diversity CEO must have been one of the worst decisions the Yahoo board's made.
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Mar 24, 2016 21:07
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shrike82 posted:Hiring Mayer as a diversity CEO must have been one of the worst decisions the Yahoo board's made. Bullshit they hired her as a diversity CEO. They hired her as a big-name executive from Google.
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Mar 24, 2016 21:18
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It's pretty clear she wasn't ready for the position. Reminds me of Fiorina in many ways.
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Mar 24, 2016 21:26
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I never heard of Mayer but seems pretty silly that everyone's lumping all the blame on her. It's freaking Yahoo...I'm surprised they're still in business and I'm surprised someone would leave Google for a shitshow.
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Mar 24, 2016 21:28
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shrike82 posted:It's pretty clear she wasn't ready for the position. Reminds me of Fiorina in many ways.
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Mar 24, 2016 21:33
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When the board released its slate of candidates for CEO, it ended up being Sandberg, her, and two other women candidates who slip my mind. They were probably trying to pick an exotic choice to sex up the company which was already in bad shape.
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Mar 24, 2016 21:39
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Gail Wynand posted:She was the VP for search at Google. How the gently caress does that not qualify you to run Yahoo? People like you who assume every woman is a brainless diversity hire are the problem with this industry. Not to mention she's pretty. Oh god *sweats intensely*.
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Mar 24, 2016 21:42
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She wasn't a diversity hire but I think the glass cliff is definitely in play where the board wanted a woman to blame the endemic failures of the company on.
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Mar 24, 2016 21:54
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shrike82 posted:an exotic choice to sex up the company which was already in bad shape. She hasn't been a success, no doubt about that, but she wasn't hired for her pretty blonde hair.
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Mar 24, 2016 22:06
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She's also made a string of terrible and extremely expensive acquisitions. Like I've been going to Yahoo sales meetings for years and every year it's been here is x thing we bought and clearly have no idea how to monetize nor can explain why you'd want to pay for it and you should give us money and then mysteriously next year it's gone replaced by the new useless x thing. And her media strategy was to make yahoo more archaic than it was which is like gee I wonder why that failed miserably.
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Mar 24, 2016 22:06
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shrike82 posted:When the board released its slate of candidates for CEO, it ended up being Sandberg, her, and two other women candidates who slip my mind. They were probably trying to pick an exotic choice to sex up the company which was already in bad shape.
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Mar 24, 2016 22:07
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