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#1 2008-01-22 06:32:53

bionnaki
Member
Registered: 2006-09-05
Posts: 289

"pacman"

not sure if there has ever been discussion on this subject, but could the name of arch's package manager "pacman" be troublesome due to copyright issues with the owners of "Pac-man" the game? I remember when mozilla firebird was changed to firefox because of similar issues.

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#2 2008-01-22 06:44:44

Allan
Developer
From: Brisbane, AU
Registered: 2007-06-09
Posts: 9,939
Website

Re: "pacman"

I can't see how these could be mixed up.  The package manager clearly does not use a hyphen in its name....

lol

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#3 2008-01-22 07:42:09

bionnaki
Member
Registered: 2006-09-05
Posts: 289

Re: "pacman"

a corporate copyright attorney could sue the proprietors of archlinux and easily win. hyphen or not, "Pac-Man" and pacman are both verbalized the same and exist within the same market (i.e. computers). yes, it is a stretch, but all that is stopping them, really, is knowledge that pacman/archlinux exist.

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#4 2008-01-22 08:04:51

bionnaki
Member
Registered: 2006-09-05
Posts: 289

Re: "pacman"

"ladies and gentlemen of the jury. I present you Exhibit A of copyright infringement:

pacman -V

Judge, I rest my case."

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#5 2008-01-22 08:19:45

_adam_
Member
From: Dora, Alabama
Registered: 2006-05-18
Posts: 94

Re: "pacman"

This is not a copyright issue, this would be trademark. I'm not a lawyer, but from what I know, the product of the offending name has to be in competition/same field of interest as the product of the defending trademark. pacman(package manager) is not in competition with Pac-man(arcade game). However, it does get kinda fuzzy since they are both computer programs, and the output of ``pacman -V" probably doesn't help much. Seriously, though, I don't think its anything to be worried about. Arch is just a niche of a (albeit large) niche.

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#6 2008-01-22 09:02:05

fumbles
Member
Registered: 2006-12-22
Posts: 245

Re: "pacman"

Copyright, trademark, same diff, still an infringement on whoevers intellectual property.
No one would sue Arch primarily due to Arch having no money to take. As long as you don't make a game of installing updates, and then try and sell it.

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#7 2008-01-22 11:25:03

tlaloc
Member
From: Lower Saxony
Registered: 2006-05-12
Posts: 347

Re: "pacman"

fumbles wrote:

No one would sue Arch primarily due to Arch having no money to take.

Well, I wouldn't rely on that - you can get sued for the biggest nonsense. But what about a free game like kpacman? A direct clone, isn't it?

Arch-pacman is different enough. They should sue others in the first place. Moreover, until the first letters from lawyers drop in, I simply don't care ...

PS: As a translator, I am marginally involved in pacman-devolpment. So, IN THEORY, I could get sued personally for this - but still, I somehow don't care ...

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#8 2008-01-22 15:08:04

schivmeister
Developer/TU
From: Singapore
Registered: 2007-05-17
Posts: 960
Website

Re: "pacman"

The father of our Pacman didn't think about this. Because, there is no reason to think about this.


I need real, proper pen and paper for this.

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#9 2008-01-23 02:04:50

bionnaki
Member
Registered: 2006-09-05
Posts: 289

Re: "pacman"

schivmeister wrote:

The father of our Pacman didn't think about this. Because, there is no reason to think about this.

I can see at the time it wouldnt be thought of as an issue, but what if arch gets as big as gentoo in the coming years? I think it's a feasible risk to consider - you never know if the owners of Pac-Man decide to launch a new version of the game and want to clear the market of those that infringe on their trademark and start sending out cease and desist demands (with the threat of lawsuit). This is entirely possible.

At the very least, pacman -V should be changed at some point to a more neutral graphic. The name pacman might be in a gray area, but pacman -V certainly isnt.

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#10 2008-01-23 02:32:55

kensai
Member
From: Puerto Rico
Registered: 2005-06-03
Posts: 2,475
Website

Re: "pacman"

This discussion made me want to go to the arcades and play some Pac-Man. big_smile


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#11 2008-01-23 02:33:20

jacko
Member
Registered: 2007-11-23
Posts: 838

Re: "pacman"

bionnaki wrote:
schivmeister wrote:

The father of our Pacman didn't think about this. Because, there is no reason to think about this.

I can see at the time it wouldnt be thought of as an issue, but what if arch gets as big as gentoo in the coming years? I think it's a feasible risk to consider - you never know if the owners of Pac-Man decide to launch a new version of the game and want to clear the market of those that infringe on their trademark and start sending out cease and desist demands (with the threat of lawsuit). This is entirely possible.

At the very least, pacman -V should be changed at some point to a more neutral graphic. The name pacman might be in a gray area, but pacman -V certainly isnt.

I think Pac-man should be honored in that judd thought of them when he made up pacman -V, its free advertisement. U figured it out, did u not?

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#12 2008-01-23 17:26:49

phrakture
Arch Overlord
From: behind you
Registered: 2003-10-29
Posts: 7,879
Website

Re: "pacman"

fumbles wrote:

Copyright, trademark, same diff

This is emphatically not true. Copyright and trademark are very different beasts.

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#13 2008-01-23 18:08:46

Zer0
Member
From: Windsor, ON, Canada
Registered: 2006-08-25
Posts: 298

Re: "pacman"

ILoveCandy anyone?

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#14 2008-01-23 22:17:17

loosec
Member
Registered: 2007-03-08
Posts: 134

Re: "pacman"

Same market, no. Competitor, no. Making money from this, no. Ofcourse C&D scare tactics may always be used since they most of the time are just scare tactics.

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#15 2008-01-24 10:06:44

Rasi
Member
From: Germany
Registered: 2007-08-14
Posts: 1,711
Website

Re: "pacman"

loosec wrote:

Same market, no. Competitor, no. Making money from this, no. Ofcourse C&D scare tactics may always be used since they most of the time are just scare tactics.

Well well.. here in germany some bakery has been sued, because it was named as a football star. Well the owner had the same name, so what should he do?


He hoped and prayed that there wasn't an afterlife. Then he realized there was a contradiction involved here and merely hoped that there wasn't an afterlife.

Douglas Adams

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#16 2008-01-24 10:39:49

john_schaf
Member
From: France
Registered: 2007-02-24
Posts: 103

Re: "pacman"

Well well.. here in germany some bakery has been sued, because it was named as a football star. Well the owner had the same name, so what should he do?

Interesting, what happened at the end ?

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#17 2008-01-26 01:39:28

arew264
Member
From: Friendswood, Texas, US
Registered: 2006-07-01
Posts: 394
Website

Re: "pacman"

The fact is that before they start suing, they'll send some sort of cease and desist notice, and if that happens, action will be taken. Otherwise, it's just a waste.

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#18 2008-01-26 02:15:02

raul_nds
Member
From: Lisbon, Portugal
Registered: 2007-06-28
Posts: 258

Re: "pacman"

I think it's a legitimate name

PACkage MANager xD

besides, we're doing them a favor...nobody plays pacman anymore. I didn't, until I installed Arch...

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#19 2008-01-26 19:48:59

chaosgeisterchen
Member
From: Kefermarkt, Upper Austria
Registered: 2006-11-20
Posts: 550

Re: "pacman"

Rasi wrote:

Well well.. here in germany some bakery has been sued, because it was named as a football star. Well the owner had the same name, so what should he do?

Ridiculous. Here in Austria you are even bound to the law of having either an appropiate description of what your business offers or produces in the name or the name of (one of) the main stakeholders, being monetary fully responsible for all losses the business creates. I cannot think of suing someone because he has chosen a name which is legal by law.


celestary
Intel Core2Duo E6300 @ 1.86 GHz
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#20 2008-01-27 02:29:50

Stoffi
Member
From: Various places in Norway
Registered: 2007-03-15
Posts: 107

Re: "pacman"

some scottish fisher named Mc Donald got sued for selling his fish.
guess by who. hmm

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#21 2008-01-27 02:46:31

skottish
Forum Fellow
From: Here
Registered: 2006-06-16
Posts: 7,880

Re: "pacman"

Microsoft crushed a kid named Mike Rowe because he named his website mikerowesoft:

http://www.cnn.com/2004/TECH/internet/0 … index.html

It not like MS do something stupid. Way out of character...

Last edited by skottish (2008-01-27 02:46:57)

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#22 2008-01-28 19:26:56

Zer0
Member
From: Windsor, ON, Canada
Registered: 2006-08-25
Posts: 298

Re: "pacman"

skottish wrote:

Microsoft crushed a kid named Mike Rowe because he named his website mikerowesoft:

http://www.cnn.com/2004/TECH/internet/0 … index.html

It not like MS do something stupid. Way out of character...

Doesn't look like they actually sued him though, just a cease and desist.  If he's brave enough he could fight it an probably win.. It's his f*%king name, that's just ridiculous.  Then again the article doesn't say what the site contained wink  I love how MS pours salt in the wounds by offering the kid $10 US for the domain, it's just a flat out insult!

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#23 2008-01-29 04:25:30

jb
Member
From: 95% FL / 5% MI
Registered: 2006-06-22
Posts: 464

Re: "pacman"

I thought that story was old... yeah the kid settled out of court.  He decided to when it came to his attention that Microsoft is a multinational corporation with billions at their disposal for legal fees, and he was a 17-year-old from BC.

Heh, there's a wiki article about it.

Edit: Typo.

Last edited by jb (2008-01-29 04:27:18)


My roomates said they were going to get me rims for Christmas, or a CB radio so I can talk to other car beds; that'll be hot. Might get a stereo, too.  My sister said I should get an alarm.

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#24 2008-01-31 15:44:54

Crooksey
Member
From: UK ~
Registered: 2006-08-14
Posts: 415
Website

Re: "pacman"

Zer0 wrote:

ILoveCandy anyone?

Yes, this is what I was thinking smile

/me start's vote for Yauort to be the new name for pacman wink


Arch Linux since 2006
Python Web Developer + Sys Admin (Gentoo/BSD)

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