Hahaha! Well put Ray.On the list I forwarded this from the moderator and myself have been writing an open response to Jonothon. I.e. We've been sending it to the list but putting Jonothon in the cc: field.
They've got no responses.I think it's probably an awkward position to be in but, well heck here's what i wrote. I posted it to the list as well as to Jonothon so it's in the public domain anyway.
"Jonothon, I've listened to your ACB Main Menus, I've bought your tutorials, I've chatted to you on Messenger. As a trainer I respect you, but I think you've lost your objective in this new role. As far as the trademark thing goes, Freedom Scientific was formed in April 2000. They immediately filed for the trademark of "Freedom Scientific" in the US, and it was finally registered in December 2001. Serotek, the company that sells the FreedomBox product line, was formed in November 2001. "FreedomBox" is not a registered trademark. References follow. http://www.freedomscientific.com/fs_about/history.asp http://tess2.uspto.gov/bin/showfield?f=doc&state=6nvm08.2.1 http://www.freedombox.info/AboutSerotek.htm Jonothon, you used to be the guy who'd stand-up and would speakout against this stuff, but I'm afraid you're falling the way of the corporate executive. I realise you work for the company and of course you're not going to be seen as to be slamming the people that pay all your luxurys that I'm sure you couldn't aford before this new post in Freedom Scientific. Please don't try and fool people though by stating you're speaking as a journalist. It was riddled with support for Freedom Scientific as only a Vice President can give. I've pretty much kept myself to myself about this whole thing. My feelings are that the flagship product for Freedom Scientific, "Jaws" went way down hill when all the companys merged. Essentially making a Microsoft the assistive technology IT industry. It really bugged me though when you came out in clear defense of your employer but implyed the mask of a journalist. I'd like to see you follow the example of Kevin Rose from dig.com, but I fear you won't. He stood up to the big boys and acknowledged his users, his community. It's fair enough if you really believe Freedom Scientific are in the right, but please dont' come the implyed independent journalist. I'd like to close by saying, yes I'm dissapointed. Will that make a difference to you or Freedom Scientific, that some guy from Northern ireland thinks you guys are wrong? Most likely not, money talks etc etc. Good luck Jonothon and I sincerely hope the power and money don't get to you anymore than they have, in my opinion already." "----- Original Message ----- From: "Ray's Home" <rays-home@xxxxxxxxxxxxxxxxxx>
To: <access-uk@xxxxxxxxxxxxx> Sent: Thursday, May 24, 2007 11:15 AMSubject: [access-uk] Re: Fw: [blind_geek_zone] Fw: [BCT] Some thoughts on FreedomScientific verses Seroteck
Well DJ, after all said and done, Mosan is being paid highly to proclaim the company line. Oh how people can change, and not always for the better. A clever, but in the end, shallow Breadhead is what he's become. Cheers, From Ray I can be contacted off-list at: mailto:ray-48@xxxxxxxx -----Original Message----- From: access-uk@xxxxxxxxxxxxx [mailto:access-uk@xxxxxxxxxxxxx]On Behalf Of Dj Paddy Sent: 23 May 2007 3:00AM To: bcab@xxxxxxxxxxxxx Cc: access-uk@xxxxxxxxxxxxx Subject: [access-uk] Fw: [blind_geek_zone] Fw: [BCT] Some thoughts on FreedomScientific verses Seroteck I really had respect for Jonothon, untill i read this. However, it seems he's been blinded by the almighty dollar and the Corporate life. It's sickening that he's trying to write by pleading the role of the humble journalist, whilst admitting his position within the company. I feel Freedom Scientific regardless of the out come have dealt themselves a blow in the eyes of their customers and potential customers. Dj Paddy Ôà ----- Original Message ----- From: "Rick Harmon" <rickharmon@xxxxxxxxxxxxx> To: <blind_geek_zone@xxxxxxxxxxxxx> Sent: Wednesday, May 23, 2007 1:31 AM Subject: [blind_geek_zone] Fw: [BCT] Some thoughts on FreedomScientific verses Seroteck======= Visit my webpage and podcast feed at www.blind-geek-zone.net ----- Original Message ----- From: "Larry Gassman" <lgsinger@xxxxxxxxxxxxx> To: "Blind Cool Tech" <blindcooltech@xxxxxxxxxxxxxxxxxxxxxx> Sent: Tuesday, May 22, 2007 7:36 PM Subject: [BCT] Some thoughts on FreedomScientific verses SeroteckJonathan Mosen wrote the following on his Exploders list.LarryLast week, Freedom Scientific, Inc. filed suit against Serotek Corporation for trademark infringement with respect to the FreedomBox range of products. Since then, the matter has been discussed at length on some blindness-related blogs and e-mail lists. I'd like by way of thismessageto clarify what I view as some of the objectives of the suit. I am aVicePresident at Freedom Scientific, and am extremely proud to workthere.However writing this message is my own initiative as a formertechnologyjournalist. My aim in doing this is that people at least get achance toconsider facts over rhetoric. Firstly, let me talk a little about trademark law. A trademark'spurposeis to exclusively identify a source and origin of products.Importantly, atrademark only applies to a certain range of goods or services. Oneofthe questions I have seen on e-mail lists is, "how can FreedomScientificclaim to own the word Freedom." By taking this action, Freedom Scientificisnot seeking to do this. Rather, Freedom Scientific is simply enforcingtheFreedom Scientific trademark, which it owns for certain goods.FreedomScientific has invested to establish its trademarks and is onlyseekingto enforce these valuable rights. Freedom Scientific has the legalright,and the obligation to its customers and shareholders, to protect theuse ofits trademark in the context of assistive technology. The concept ofusingcommon words in trademarks is common - for example the use of thewordApple to describe a computer company. As is well known through recentnewsstories, Apple is quite entitled to own this name in the context of computer hardware and software products. It does not, of course, mean thatApplehas any rights to the name when you eat a piece of fruit. Trademarkscanco-exist where there is no similarity between the businesses. For example, Delta Airlines and Delta Faucets are trademarks, but there is noissuethere because the businesses' purposes are totally different and there isnoroom for confusion. Freedom Scientific is confident that its trademarkrightswill be upheld. The broadening of scope of the FreedomBox productstoinclude products like FreedomBox System Access (FBSA) offeringaccess tomainstream applications only exacerbates the infringement. Trademarks are not some abstract thing. They are a company'sreputation.They are legal property, and you can't simply take someone'spropertywithout their consent. Secondly, I'd like to turn to the question, "why now." All sorts of bizarre speculation have been put forward as to the timing of this suit.FreedomScientific made Serotek well aware of its position on this matter,butunfortunately Serotek was unwilling to negotiate a settlement tothismatter. No one likes having to go to court, but if you genuinelybelieveyour property rights are being trampled upon, in the end there isnochoice but to do so if you are unable to get a resolution any other way. Thirdly, it has been said that Freedom Scientific is giving theblindcommunity no credit by taking this action, and that everyone knowsthedifference between the two product lines. Rest assured, this ismostcertainly not the case. I can tell you that Freedom Scientific hasbeencontacted by Serotek customers seeking technical support, or evenwantingto buy a Serotek product. Thus, there is a likelihood of confusion. Fourthly, a petition has been established by the hosts of ACBRadio'sMain Menu, calling itself the Save Serotek petition. The grosslymisleadingname of this petition implies that somehow Freedom Scientific'sobjective isto put Serotek out of business. As a result of the sensationalistname, manycommenters to the Petition have made comments to this effect. AllFreedomScientific is seeking to do is protect its property and to seek appropriate compensation for the unlawful use of it. The objective here is not to put Serotek out of business. 2007 has already seen great innovation from Freedom Scientific and there's plentymore tocome. Honest competition inspires excellence and is good news forthecustomer. But I stress the word "honest." Yes, many people inassistivetechnology are motivated by a strong sense of purpose andcommitment tomaking a difference. But these companies are still commercialentities,who have every right to use the legal system to protect their propertyifthey think they need to, just as you have a right to use the legalsystem ifsomeone breaks into your house and takes something belonging to you In closing, I hope that those genuinely interested in the facts ofthismatter will take the time to read up on trademark case law, butmostimportantly, will let the judicial process take its course. Itoccurs tome that if Freedom Scientific has got it as wrong as a few peopleclaim,then what do they have to fear? A jury will dismiss the case. I doubtthatwill happen though. If the law has been broken as I believe it has, then Freedom Scientific is quite entitled to redress. My hope is that sanity prevails and that Serotek has both thecourage andthe decency to brand its products in a fashion that wasn't alreadybeingused in this industry. I think they would gain a lot of respectfrom theblind community for acting honourably. Fair competition is not toomuchto ask for, and it most certainly is worth fighting for. Those interested in the subject of trademarks may like to take alook atthe Wikipedia entry on the subject, found at: http://en.wikipedia.org/wiki/Trademark. Jonathan Mosen_______________________________________________ BlindCoolTech mailing list To send a message to the list, send it to: BlindCoolTech@xxxxxxxxxxxxxxxxxxxxxx To unsubscribe from the list or to make changes to your listsettings orview the list archives, click on the following link:http://lists.luv2bablyndi.net/listinfo.cgi/blindcooltech-luv2bablyndi. netTo post a message, send your posts to: blind_geek_zone@xxxxxxxxxxxxx To unsubscribe, send message to: blind_geek_zone-request@xxxxxxxxxxxxx put unsubscribe in the subject line. 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