[ogg-dev] Ambisonics und OggPCM

[Michael Smith]

On 11/15/05, Arc <arc at xiph.org> wrote:
> On Tue, Nov 15, 2005 at 09:44:43AM +1100, Jean-Marc Valin wrote:
> >
> > Sorry, but that fork took over now. As I mentioned in the last email,
> > your version needs to be renamed ArcPCM to reflect the fact that it's a
> > mix of Pulse Code Modulation with your ego.
>
> No.  I started OggPCM, since it was never proposed to Xiph.org it remains my
> trademark until which time it is accepted by Xiph and by myself for release.
>
> It would be similar to me releasing Speex v2.0 - it is not my right, because you
> used and promoted the name first, and that makes it yours.  If I were to fork
> Speex I would be legally required to change the name of my fork.

<snip>

> To repeat, until which time I have handed the project over, or which time other
> arragements have happened, I reserve an exclusive trademark on the name.

Since this came up again on IRC, I thought I'd weigh in here with a
few comments.

Firstly, Arc, you have a grave misunderstanding of trademark law. This
is not the place to teach it, though; you should consult your lawyer
if you wish to know more.

Secondly, I find it... amusing... to see Arc "protecting" your
'OggPCM' name, and threatening people who are attempting to use
similar names.

Some time ago (before this whole OggPCM thing started), I talked to
Arc about another of his Xiph-hosted projects, called IceShare. I
thought that this name was confusing, as it was overly similar to
Icecast, and would cause confusion to Icecast users. So, I politely
asked Arc to consider changing the name of his personal project.

He refused. Though this wasn't what I wanted, I accepted it as his
choice. I did NOT start to threaten him with trademarks, lawyers,
court, etc. And yet, in a virtually identical situation, this is
exactly what Arc has done.

Arc: you've persistently insulted, threatened, and alienated damn near
everyone who has anything to do with the Xiph community. This is not
acceptable behaviour, please desist.

If you're interested in helping the Xiph community develop
specifications, protocols, and software, then I'm sure everyone will
be willing to give you a second chance (and, frankly, anyone who is
NOT willing to give you a second chance, if you're acting in good
faith, is also not welcome as part of the community).

If you're not, and your projects are intended to remain as your
personal projects on which nobody else is welcome to contribute, then
I don't think your use of Xiph resources (svn, the wiki, the mailing
lists, etc.) for them is appropriate. Please consider this, one way or
the other.

Mike