Gary Fong Album Software Trademark Infringement

[photobykim]

ahh apparently when I edited my post I deleted the rest

basically I said that if he was 40 and not a 25 year old kid would everyone be jumping gary's case.

I also said that if someone had broken into Gary's home and stolen something physical then no one would blink twice at him taking action. but because it's an idea everyone wants to say shame on you Gary.

awsilver ~ age doesn't create intellegnce. i'm 26 and know right from wrong.

anyway I didn't add my opinion to be attacked, just to maybe help everyong think about how they would react if it was just one little thing different....age and what was stolen.

if he had plagerized something in a college class he'd get kicked out of school, everyone knows this. this is somewhat similar to that.

[awsilver]

Originally Posted by photobykim

awsilver ~ age doesn't create intellegnce. i'm 26 and know right from wrong.

I was actually more refering to the wisdom and experience of creating a competing product in the marketplace and coupled with the knowledge/fact that Fong has a history of litigation (this isn't his first rodeo) -- reseach would have dictated that he really should have been a little more creative in his UI and naming conventions. I don't know if I would chalk it up to simple right/wrong because the action set is legit and if he would have simply created a different interface with different naming the footing for Mr. Fongs suit would simply not exist.

In programming and software development this is a really interesting area as code is copyrightable, user interfaces and naming can be trademarked yet you can have a number of different competing products that do the exact or similar things without infringement as long as the other criteria are not infringed upon. Where I find this thread really interesting is that because someone copied the UI and naming conventions (as well as a couple of other no-no's in the process)...litigation or threat thereof, will be leveraged to keep a competing product out of the market (which is legal -- given). On the other had - the marketing issues that are arising out of the ordeal (we've already seen folks reactions from full support to complete rejection of the company in regard to how it's being handled) will probably effect the bottom line for product that was infringed upon while the competitor wasn't even in the runnning for sales.

This is getting REALLY interesting...since it would seem Mr. Fong now has created his own double-edge sword...should be interesting to see how it plays out.

[photobykim]

Originally Posted by awsilver

On the other had - the marketing issues that are arising out of the ordeal (we've already seen folks reactions from full support to complete rejection of the company in regard to how it's being handled) will probably effect the bottom line for product that was infringed upon while the competitor wasn't even in the runnning for sales.

This is getting REALLY interesting...since it would seem Mr. Fong now has created his own double-edge sword...should be interesting to see how it plays out.

You make a good point, I do see that because of the way he has handled this (bringing it to the forum to start with when it could have all been handled quickly and quietly behind the scenes)...public flogging anyone .... he is losing out on not only the members of this forum, but anyone they tell and so on and so forth.

Because I am 26 I can relate to the "fear factor" that is being placed on Ivan, I would be terrified, what 25 yr old has that kind of money, really.

[GARY FONG INC]

Veanga,

What part of "we're working together on a settlement" did you not understand?

GF

[satyr]

We are talking about civil law here.. and it's not the law is the law period when it comes to civil law. It's grey areas and what your lawyer can convince someone is the way the law really is. Civil law tends to be pretty screwy. If it wasnt' you wouldn't have so many companies suing each other every year and essentially rolling the dice to see what happens. Whole teams of lawyers and judges don't necessarily understand all the laws and contridictions in the legal system.
The education the forum will gain from this is that the rich guy with the lawyers will always bully the situation if they can in hopes that a underfunded party can't field his own defense. It's rarely about right and wrong.
And quite frankly I'll comment on it here there and everywhere. If one side can cite his argument then other sides should have his say as well. Whether you like it or agree with it.
so there.

Originally Posted by LoungeLizard

Guys...let's settle down on this.

When someone has an idea and spends time developing it to make money (yes, that is a VERY VALID reason), they are entitled to protecting it. While you may or may not agrew with Mr. Fong's actions, their apparent harshness, or anything else, it is his intellectual work and he has a right to defend it. You would do the same. With that right, he should be supported.

The person who made the mistake has received a great education and hopefully things will work out just fine for him (I'm sure they will).

In the long run, every member of this forum will benefit from the education this has provided them - and we'll all benefit if Mr. Fong stops by every once in a while for other threads.

If you don't agree with the laws and the rights they give Mr. Fong (and others), write your legislator - but don't "comment" on it here. The law is the law. Period.

[Abel]

This thread has ran its course....

It is now locked... If anyone has any comments and/or complaints about my decision to lock it... feel free to PM me directly.