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	<title>Comments on: Android Trademark Lawsuit: Google, OHA Sued</title>
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	<description>Android Phone News, Rumors, Reviews, Apps, Forums &#38; More!</description>
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		<title>By: The_Omega_Man</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-91768</link>
		<dc:creator>The_Omega_Man</dc:creator>
		<pubDate>Wed, 17 Mar 2010 16:16:20 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-91768</guid>
		<description>Which will cost Google less?  Paying off Specht&#039;s company VS. Changing the product name + all of the marketing  information (Print/Commercials/web/etc.) + any existing legal documents (licensing agreements and contracts) + any required Software/Firmware updates + anything else that I may have missed!  

I say just give all his employees a Nexus One and call it a day!...(oops Google has trademark problem there too!)  :-(</description>
		<content:encoded><![CDATA[<p>Which will cost Google less?  Paying off Specht&#8217;s company VS. Changing the product name + all of the marketing  information (Print/Commercials/web/etc.) + any existing legal documents (licensing agreements and contracts) + any required Software/Firmware updates + anything else that I may have missed!  </p>
<p>I say just give all his employees a Nexus One and call it a day!&#8230;(oops Google has trademark problem there too!)  :-(</p>
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		<title>By: williec</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-61160</link>
		<dc:creator>williec</dc:creator>
		<pubDate>Tue, 17 Nov 2009 19:43:52 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-61160</guid>
		<description>Android, Inc was started in 2003 in California which was covertly developing software and infringing on Specht&#039;s mark.  Then in 2005 they sold out to Google and went to work for Google and continued developing that software for Google.  So in my opinion this goes back a lot longer than last year.  Google has a history of this practice.  Do a search on Gmail.  They infringed on German businessman Daniel Giersch&#039;s mark and lost.  Same goes for Microsoft and &quot;Internet Explorer&quot;.  That cost MS $5 M.</description>
		<content:encoded><![CDATA[<p>Android, Inc was started in 2003 in California which was covertly developing software and infringing on Specht&#8217;s mark.  Then in 2005 they sold out to Google and went to work for Google and continued developing that software for Google.  So in my opinion this goes back a lot longer than last year.  Google has a history of this practice.  Do a search on Gmail.  They infringed on German businessman Daniel Giersch&#8217;s mark and lost.  Same goes for Microsoft and &#8220;Internet Explorer&#8221;.  That cost MS $5 M.</p>
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		<title>By: marc</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-60865</link>
		<dc:creator>marc</dc:creator>
		<pubDate>Mon, 16 Nov 2009 14:59:03 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-60865</guid>
		<description>next time google would think twice about using somebody&#039;s name without researching.</description>
		<content:encoded><![CDATA[<p>next time google would think twice about using somebody&#8217;s name without researching.</p>
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		<title>By: Austin</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-60595</link>
		<dc:creator>Austin</dc:creator>
		<pubDate>Sun, 15 Nov 2009 03:58:06 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-60595</guid>
		<description>First off, I&#039;m a HUGE fan of Google.
Now that that much is clear, Google did something wrong. They need to take responsibility for their actions.

I thought &quot;Android&quot; was a dumb name, anyway, from day one.
Don&#039;t give the greedy moron anything, and just change your name.</description>
		<content:encoded><![CDATA[<p>First off, I&#8217;m a HUGE fan of Google.<br />
Now that that much is clear, Google did something wrong. They need to take responsibility for their actions.</p>
<p>I thought &#8220;Android&#8221; was a dumb name, anyway, from day one.<br />
Don&#8217;t give the greedy moron anything, and just change your name.</p>
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		<title>By: Mike</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-43948</link>
		<dc:creator>Mike</dc:creator>
		<pubDate>Fri, 28 Aug 2009 14:18:42 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-43948</guid>
		<description>Two things:

First of all, the quoted material in the article says &quot;Specht&quot; repeatedly, yet the author keeps saying &quot;Sprecht.&quot;  That drives me nuts. 

Second, what if this was you?  You&#039;re telling me that if you owned a business for years and then someone else started using the name, that you wouldn&#039;t be upset?  What if I just started using &quot;Google&quot; as my business name?  You can be sure they would be on me pretty quickly.</description>
		<content:encoded><![CDATA[<p>Two things:</p>
<p>First of all, the quoted material in the article says &#8220;Specht&#8221; repeatedly, yet the author keeps saying &#8220;Sprecht.&#8221;  That drives me nuts. </p>
<p>Second, what if this was you?  You&#8217;re telling me that if you owned a business for years and then someone else started using the name, that you wouldn&#8217;t be upset?  What if I just started using &#8220;Google&#8221; as my business name?  You can be sure they would be on me pretty quickly.</p>
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		<title>By: Ernest Park</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-24307</link>
		<dc:creator>Ernest Park</dc:creator>
		<pubDate>Tue, 12 May 2009 05:46:36 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-24307</guid>
		<description>The premise of free and open software is one of freedom - free of liability, third party royalty issues and so on.

What we are missing is that to &quot;allow&quot; Google to step on Mr. Sprecht&#039;s trademark is endorsing theft merely because Google has already used it and released it under an OSS license.

So, Mr. Sprecht should just allow Google to take his asset since Google already gave it away? If Google took money from your bank and gave it away, should you just endorse their generosity on your behalf, or recognize the theft for what it is?

Google stole intellectual property and relicensed it.

The entire purpose of OSS is to set terms for the free use of contributions, specifically where the copyright owner permits such release.

Google violated established and documented rights, and an individual operating a commercial business with an intention to protect his business assets is looked at as the bad guy. 

What about when the Free Software Foundation sues commercial vendors who accidentally release GPL licensed content under their own license? Why is it different when FSF does it?

In the end, what we defend is freedom, liberty - not theft. Google stole someone&#039;s intellectual property. They knew it belonged to someone else, but used their force to &quot;take&quot; what is not theirs.

Why did Mr. Sprecht not respond sooner? It is complicated to convince a law firm to sue Google. They knowingly took his business asset, and now they will use a large budget to defend it.

It is a shame that Google does not step forward, apologize for taking someone&#039;s property, and attempting to justify it. The difficulty here is that it is not Mr. Sprecht stealing from Google, where his disadvantage is size, so he clearly would be taking a risk to do so. Google stole the name because they knew that they could resolve this using legal and financial influence, thereby justifying the theft of intellectual property. 

We should all realize that this is NOT how a community acts. OSS is all about defining work contributed by the copyright owner for use and redistribution, without liability, with access to source and so on. The license does not say that the FOSS community can extort code, documentation, trademarked assets from private commercial companies and release them to the world. 

FOSS is a business, backed by large enterprises for financial benefit. To allow the theft of property from a commercial vendor for the benefit of an OSS project is really saying that the larger vendor should be allowed to operate under different rules than the smaller vendors which clearly don&#039;t have the financial capability to compete that way.</description>
		<content:encoded><![CDATA[<p>The premise of free and open software is one of freedom &#8211; free of liability, third party royalty issues and so on.</p>
<p>What we are missing is that to &#8220;allow&#8221; Google to step on Mr. Sprecht&#8217;s trademark is endorsing theft merely because Google has already used it and released it under an OSS license.</p>
<p>So, Mr. Sprecht should just allow Google to take his asset since Google already gave it away? If Google took money from your bank and gave it away, should you just endorse their generosity on your behalf, or recognize the theft for what it is?</p>
<p>Google stole intellectual property and relicensed it.</p>
<p>The entire purpose of OSS is to set terms for the free use of contributions, specifically where the copyright owner permits such release.</p>
<p>Google violated established and documented rights, and an individual operating a commercial business with an intention to protect his business assets is looked at as the bad guy. </p>
<p>What about when the Free Software Foundation sues commercial vendors who accidentally release GPL licensed content under their own license? Why is it different when FSF does it?</p>
<p>In the end, what we defend is freedom, liberty &#8211; not theft. Google stole someone&#8217;s intellectual property. They knew it belonged to someone else, but used their force to &#8220;take&#8221; what is not theirs.</p>
<p>Why did Mr. Sprecht not respond sooner? It is complicated to convince a law firm to sue Google. They knowingly took his business asset, and now they will use a large budget to defend it.</p>
<p>It is a shame that Google does not step forward, apologize for taking someone&#8217;s property, and attempting to justify it. The difficulty here is that it is not Mr. Sprecht stealing from Google, where his disadvantage is size, so he clearly would be taking a risk to do so. Google stole the name because they knew that they could resolve this using legal and financial influence, thereby justifying the theft of intellectual property. </p>
<p>We should all realize that this is NOT how a community acts. OSS is all about defining work contributed by the copyright owner for use and redistribution, without liability, with access to source and so on. The license does not say that the FOSS community can extort code, documentation, trademarked assets from private commercial companies and release them to the world. </p>
<p>FOSS is a business, backed by large enterprises for financial benefit. To allow the theft of property from a commercial vendor for the benefit of an OSS project is really saying that the larger vendor should be allowed to operate under different rules than the smaller vendors which clearly don&#8217;t have the financial capability to compete that way.</p>
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		<title>By: Jbo</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-23900</link>
		<dc:creator>Jbo</dc:creator>
		<pubDate>Fri, 08 May 2009 18:23:26 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-23900</guid>
		<description>I&#039;m reading everyone&#039;s comments about Eric trying to &quot;capitalize&quot; on his rightful ownership via TM and I am disgusted by the ignorance.  I have been a strategic business consultant of Fortune 100 to small start-ups for 20 years.  Google is an 800 pound gorilla whose market position and financial backing lead to the destruction of smaller companies daily. What people are failing to get here is these larger companies... the Googles, MicroSofts, etc are required to do due diligence prior to launching a new line - they KNOW this.  Eric isn&#039;t going to get 100 million, but he should and probably will get something because Google&#039;s lawyers did NOT do THEIR job properly.  They knowingly took something that did not belong hoping they could get away with it.  Like most people I am annoyed with frivolous law suits, but I am all for the little guys persevering when they are justifiably in the right - and Eric is absolutely in the right!</description>
		<content:encoded><![CDATA[<p>I&#8217;m reading everyone&#8217;s comments about Eric trying to &#8220;capitalize&#8221; on his rightful ownership via TM and I am disgusted by the ignorance.  I have been a strategic business consultant of Fortune 100 to small start-ups for 20 years.  Google is an 800 pound gorilla whose market position and financial backing lead to the destruction of smaller companies daily. What people are failing to get here is these larger companies&#8230; the Googles, MicroSofts, etc are required to do due diligence prior to launching a new line &#8211; they KNOW this.  Eric isn&#8217;t going to get 100 million, but he should and probably will get something because Google&#8217;s lawyers did NOT do THEIR job properly.  They knowingly took something that did not belong hoping they could get away with it.  Like most people I am annoyed with frivolous law suits, but I am all for the little guys persevering when they are justifiably in the right &#8211; and Eric is absolutely in the right!</p>
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		<title>By: Nik</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-23245</link>
		<dc:creator>Nik</dc:creator>
		<pubDate>Mon, 04 May 2009 23:18:45 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-23245</guid>
		<description>With any luck, Google will pay him off and then, a few years down the line, someone will put a bullet in the greedy little tossers head.

May sound extreme, but people like him are costing us all huge amounts in money and lives in superfluous court cases.</description>
		<content:encoded><![CDATA[<p>With any luck, Google will pay him off and then, a few years down the line, someone will put a bullet in the greedy little tossers head.</p>
<p>May sound extreme, but people like him are costing us all huge amounts in money and lives in superfluous court cases.</p>
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		<title>By: tjr</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-23212</link>
		<dc:creator>tjr</dc:creator>
		<pubDate>Mon, 04 May 2009 20:25:53 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-23212</guid>
		<description>&quot;g max wrote on May 3, 2009 I say we should mass hate mail android data, try to get them to drop the lawsuit
1f you wish to do so inquiry@android-data.com flood their mail system. oh ya, here’s the website http://www.erichspecht.com/index.html&quot;

that&#039;s called a felony, which can cause a denial of service attack, punishable by imprisonment. not to mention, it is harassment and cyberstalking.</description>
		<content:encoded><![CDATA[<p>&#8220;g max wrote on May 3, 2009 I say we should mass hate mail android data, try to get them to drop the lawsuit<br />
1f you wish to do so <a href="mailto:inquiry@android-data.com">inquiry@android-data.com</a> flood their mail system. oh ya, here’s the website <a href="http://www.erichspecht.com/index.html" rel="nofollow">http://www.erichspecht.com/index.html</a>&#8221;</p>
<p>that&#8217;s called a felony, which can cause a denial of service attack, punishable by imprisonment. not to mention, it is harassment and cyberstalking.</p>
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		<title>By: jay</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-23203</link>
		<dc:creator>jay</dc:creator>
		<pubDate>Mon, 04 May 2009 19:55:28 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-23203</guid>
		<description>So it&#039;s iffy who&#039;s got the stronger case. But $100 million in &quot;damages&quot;? What were Erich&#039;s Gross earnings for the last five years his company was active? Was he suddenly going to start pulling 8 figures from his ecommerce software this year?</description>
		<content:encoded><![CDATA[<p>So it&#8217;s iffy who&#8217;s got the stronger case. But $100 million in &#8220;damages&#8221;? What were Erich&#8217;s Gross earnings for the last five years his company was active? Was he suddenly going to start pulling 8 figures from his ecommerce software this year?</p>
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		<title>By: teddydouglas</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-23122</link>
		<dc:creator>teddydouglas</dc:creator>
		<pubDate>Mon, 04 May 2009 14:06:44 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-23122</guid>
		<description>Interesting article. Could you please fix the spelling of the Android Data guy&#039;s name? I can&#039;t tell if he&#039;s Sprecht, Specht, or Sprech.</description>
		<content:encoded><![CDATA[<p>Interesting article. Could you please fix the spelling of the Android Data guy&#8217;s name? I can&#8217;t tell if he&#8217;s Sprecht, Specht, or Sprech.</p>
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		<title>By: moe</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-23004</link>
		<dc:creator>moe</dc:creator>
		<pubDate>Mon, 04 May 2009 01:36:16 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-23004</guid>
		<description>dumb US government, patented every single words in the dictionary.</description>
		<content:encoded><![CDATA[<p>dumb US government, patented every single words in the dictionary.</p>
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		<title>By: Greg</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-22992</link>
		<dc:creator>Greg</dc:creator>
		<pubDate>Mon, 04 May 2009 00:31:26 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-22992</guid>
		<description>The government PTO rejected Google&#039;s application for the Android trademark TWICE. Google obviously knew it was infringed before they released Android. Instead of changing it, they decided to give it to their lawyers. Now they&#039;re stuck with a crappy law suit. Even Google makes the occasional costly mistake.</description>
		<content:encoded><![CDATA[<p>The government PTO rejected Google&#8217;s application for the Android trademark TWICE. Google obviously knew it was infringed before they released Android. Instead of changing it, they decided to give it to their lawyers. Now they&#8217;re stuck with a crappy law suit. Even Google makes the occasional costly mistake.</p>
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		<title>By: g max</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-22987</link>
		<dc:creator>g max</dc:creator>
		<pubDate>Mon, 04 May 2009 00:10:57 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-22987</guid>
		<description>I say we should mass hate mail android data, try to get them to drop the lawsuit

1f you wish to do so
  inquiry@android-data.com

flood their mail system.

oh ya, here&#039;s the website

http://www.erichspecht.com/index.html</description>
		<content:encoded><![CDATA[<p>I say we should mass hate mail android data, try to get them to drop the lawsuit</p>
<p>1f you wish to do so<br />
  <a href="mailto:inquiry@android-data.com">inquiry@android-data.com</a></p>
<p>flood their mail system.</p>
<p>oh ya, here&#8217;s the website</p>
<p><a href="http://www.erichspecht.com/index.html" rel="nofollow">http://www.erichspecht.com/index.html</a></p>
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		<title>By: Rob</title>
		<link>http://phandroid.com/2009/05/03/android-trademark-lawsuit-google-oha-sued/#comment-22979</link>
		<dc:creator>Rob</dc:creator>
		<pubDate>Sun, 03 May 2009 23:43:55 +0000</pubDate>
		<guid isPermaLink="false">http://phandroid.com/?p=2501#comment-22979</guid>
		<description>Can&#039;t deny the obvious really, The guy had a Trademark on a phrase that Google themselves applied for and was denied. A &quot;period of time&quot;, be it the first or last day of a renewal period is still what it is.

You can pour sugar on shit, but it&#039;s still shit. Google will give him enough money to feed his dumb ass family for the next 500 years and HOPEFULLY in the end we get to keep Android.</description>
		<content:encoded><![CDATA[<p>Can&#8217;t deny the obvious really, The guy had a Trademark on a phrase that Google themselves applied for and was denied. A &#8220;period of time&#8221;, be it the first or last day of a renewal period is still what it is.</p>
<p>You can pour sugar on shit, but it&#8217;s still shit. Google will give him enough money to feed his dumb ass family for the next 500 years and HOPEFULLY in the end we get to keep Android.</p>
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