After Hijacking Site, Scammers Move to Seize Shareaza Trademark
Written by enigmax on March 02, 2008After taking control of Shareaza.com, imposters trying to pass themselves off as an open-source dev team have stepped up their action to destroy the GNU GPL licensed project. In an audacious move, lawyers representing Discordia Ltd have filed to register the “Shareaza” trademark at the US Patent Office.
In a December 2007 hostile takeover, a company took control of Shareaza.com, the domain name used previously for the real, open-source Shareaza P2P client. The real Shareaza client is 6th in the Sourceforge all-time Top 10 downloads and is completely free (GNU General Public License), but this company is passing off its own closed-source software as the real thing. Essentially, they are stealing the Shareaza brand name and goodwill from right under the operators noses in an effort to crush the project.
Last week, the corporate battle against this almost defenseless collective of people working on the Shareaza project took a somewhat miserable twist when the operators of the fake Shareaza site (Discordia Ltd) threatened legal action against the real Shareaza, all because of a comment made by a user on their forums.
If you’re starting to get a little annoyed that this company is pushing its luck, you may be interested to know that their lawyers - Meister Seelig & Fein in New York - have links to the new owners of iMesh and Bearshare, both initially free, both now converted to pay services after legal action.
So if it doesn’t unsettle you that some music-industry backed company has come in and stamped all over a GNU GPL project, took their domain name, passed their own software off as the real thing and threatened legal action, then maybe this will:
On January 10th 2008, lawyers representing ‘Discordia Ltd’ filed for registration of the ‘Shareaza’ trademark at the United States Patent Office. As yet, the trademark has not been granted to them but according to staff at the real Shareaza project, it must be urgently contested. Discordia claim that the first commercial use of the Shareaza trademark was December 17 2007 but other documentation suggests Discordia claim copyright since 1999. The real Shareaza project has been running since 2004.
If Discordia are successful in their application, it will put the original real Shareaza in a position where they infringe on the imposter’s trademark and will doubtless be subjected to legal action.
According to a source at the real Shareaza: “Discordia Ltd. under which the trademark was sought is a Cyprus shell company designed to shield MusicLab, iMesh, parent companies and business partners from the exceedingly high risk of liability in this case. Private information will not be disclosed, however there is significant circumstantial evidence regarding the source of their unethical and illegal behaviors that ought to be brought to light for the greater internet community.”
The real Shareaza guys are calling out for support, you can read exactly what they need here, but they are also calling on all of the budding internet investigators out there to research Discordia, iMesh, MusicLab and lawfirm Meister Seelig & Fein to dig up any information that could be of use to them in fighting these imposters.
To defend against the trademark application, the Shareaza team really need support as the financial burden is quite high, they explain:
No Shareaza developer or enthusiast has ever recieved money as a result. However, several volunteers now out-of-pocket for hundreds of dollars are facing the prospect of thousands. Shareaza has always been and will always remain free, non-commercialized software - regardless of the high value of its use that must be protected. Donations will now begin to be accepted for the sole purpose of partially compensating these unfortunate expenses. (Including a possible $900 at very short notice.) A ChipIn account has been established for PayPal (account/credit card) payments large or small. Please consider sending at least the loose change in your account to show your appreciation for enthusiasts who could scarcely afford these costs themselves. Feel free to offer in other ways as well.
Personally I think this is a very worthy and symoblic cause. No-one likes being bullied, particularly by the music industry so when they choose to pick on people with few resources, the only way they can be beaten is if people stick together and act together. Shareaza isn’t my favorite client - even with its support for BitTorrent - but it’s free in every possible way with its GNU GPL license and these people from Discordia are determined to tear it all apart. It’s unthinkable that they can be allowed to get away with it.
Discordia should consider this statement about the legal standing of trademarks:
“Immoral, deceptive or scandalous matter or matter which may disparage or falsely suggest a connection with persons, institutions, beliefs, or national symbols or bring them into contempt or disrepute is not trademarkable.”
The real Shareaza team sends the final message:
You Can Help Most of All by Spreading the Word - SHAREAZA™ is the property of the Shareaza development team.
You can donate to the cause by clicking here.
Previously: BitTorrent Rip Off Sites, and How to Avoid Them
Next: Nine Inch Nails Uploads New Album on Torrent Sites
124 Responses (Add yours or TrackBack)
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Indeed, they should simply rename their stuff to “nuaza” or something, and sell the word “shareaza” plus domain names for a huge amount of useless money;
Nobody in their right mind will EVER use “shareaza” after these fools bought it anyway.
It will cost you maybe two days of work, but that’s nothing compared to the crap they’re in now. And it would be the best finger-giving action EVER!
Just one big fuck you to corporate idiots.
Many others have succesfully changed names in the past, like Windows Commander for example.
Oh the irony. P2P’ers taking the moral high ground becuase someone took something that didnt belong to them. Smacks of hipocracy dontcha think?
[quote comment="302434"]Oh the irony. P2P’ers taking the moral high ground becuase someone took something that didnt belong to them. Smacks of hipocracy dontcha think?[/quote]
Nope, I don’t think that at all. I think you are a little confused there.
P2P’ers don’t take things that don’t belong to them.
LOL, ok you keep telling yourself that. Unless the law in most countries escapes you, uploading or downloading ANYTHING for which you have no legal right to, i.e. without the express permisson of the copyright holder, it constitutes copyright infringement. There are no two ways about it. Of course if you live outside of the U.S. or 90% of Europe, you may not be subject to such laws, otherwise you’re basicaly a socialy acceptable thief, but a thief none the less. If you are in any doubt of that fact, I’d suggest you brush up on your copyright law instead of deluding yourself.
As many are posting the team need to get a little more organised, the appeal for a slush fund is the first step the second step should be to use some of that money to unmask the true owners or directors of discordia and expose their dubious business practices, after all we can all then sue them by name locally for misleading us with a fake shareaza update as they have mislead many folks already, lets see how many countries they can fight in at the same time.
As usual I notice we are seeing the usual barrel full of pro industry trolls here to say fighting is a waste of time, dont be mislead its not.
If we sit idle and do nothing to help the open src folks out we will lose many more open src projects straight after as the cartel will capitalise on any weakeness we show, lets not lose our favourite clients to a few sacks of manure who wear suits and rip folks off for a living.
Dont be selfish folks put your hands in your pockets and spare what you can, and remember as you donate that your letting this cartel front company know whos ass to kiss.
United we stand folks.
Free tune-ups for all Discordia asshats! :P
And a special attitude adjustment reserved for Jeffrey A. Kimmel and the other shysters selling out their legal oath for corporate money.
Hmm.. Nope.. Sorry .. I’m not a thief.
Say what you will, copyright violation is not stealing. You can continue to try to convince yourself that it is, and most likely you like in a fascist country like America, but that is not my fault, and neither is it anyone else’s.
[quote comment="302448"]LOL, ok you keep telling yourself that. Unless the law in most countries escapes you, uploading or downloading ANYTHING for which you have no legal right to, i.e. without the express permisson of the copyright holder, it constitutes copyright infringement. There are no two ways about it. Of course if you live outside of the U.S. or 90% of Europe, you may not be subject to such laws, otherwise you’re basicaly a socialy acceptable thief, but a thief none the less. If you are in any doubt of that fact, I’d suggest you brush up on your copyright law instead of deluding yourself.[/quote]
Spoken like a true corporate tool.
RE: DevilsAdvocate
Please show the proof of your claims, I have never seen one person sued for downloading files for personal use, perhaps your superior knowledge of the law can help you locate a precedent or case where this has been the case ?
Oh and please dont waste out time with cases of uploading as that is not the same thing despite many believing so after reading Cartel propaganda.
I await your reply with interest.
Dos @ Discordia Ltd.
This should be interesting. The lawyers are idiots. Discordia are idiots. What they ought to do is consider what is happening/has happened to:
Bank Julius Bauer
The SCO Group
Microsoft
And all those other companies who choose to fight in court in the Internet age. This of course doesn’t mean that they can’t cause the Shareaza devs a lot of grief, but they will end up causing themselves a lot more. Get the netizens mad at you, and it’s amazing what they can find out, most of which you would never want public.
Let’s get them.
[quote comment="302459"]RE: DevilsAdvocate
Please show the proof of your claims, I have never seen one person sued for downloading files for personal use, perhaps your superior knowledge of the law can help you locate a precedent or case where this has been the case ?
Oh and please dont waste out time with cases of uploading as that is not the same thing despite many believing so after reading Cartel propaganda.
I await your reply with interest.[/quote]
I guess you must live under a rock, becuase you seem to be truely ignorant of the law. For a start, the law is an ass, I dont agree with it and I am not a coporate tool. I am also not blinded by my own stupidity and not afraid to call a spade a spade, and I include myself in that being as I rip off copyright holders on a regular basis. As for proof of my claim, as you are to lazy to do it yourself (back to ignorance);
RIAA Rep Encourages Downloader To Drop Out Of College To Settle Alleged illegal downloader trying to raise money to pay $3,750 settlement instead.
http://www.mtv.com/news/articles/1528420/20060411/id_0.jhtml
Mom Sued Over Music Downloads
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/25/AR2005122500618_2.html
Sony and Warner Bros. Successfully Sue a Downloader for $222,000 in Minnesota.
http://netforbeginners.about.com/b/2007/10/14/sony-and-warner-bros-successfully-sue-a-downloader-for-222000-in-minnesota.htm
RIAA Bags 493 More Swappers
http://www.wired.com/entertainment/music/news/2004/05/63579
Downloaders face the music as record industry sues
http://seattlepi.nwsource.com/local/315599_music14.html?source=mypi
Default Judgment Issued against the Santangelos
http://www.slyck.com/story1379_Default_Judgment_Issued_against_the_Santangelos
Finaly
http://www.zeropaid.com/news/9037/First+File-Sharing+Trial+Ever+-+Day+2:+‘We’ve+Sued+More+than+26,000+People+So+Far’
I mean I could go on and on and on. Like I said, carry on deluding yourself.
They’ve literally just opened a hive of bees…the swarm will descend on them it’s going to be insane.
[quote comment="302459"]RE: DevilsAdvocate
Please show the proof of your claims, I have never seen one person sued for downloading files for personal use, perhaps your superior knowledge of the law can help you locate a precedent or case where this has been the case ?
Oh and please dont waste out time with cases of uploading as that is not the same thing despite many believing so after reading Cartel propaganda.
I await your reply with interest.[/quote]
Haha are you serious? Or do you only read the bits of p2p news that suit your little filesharing utopia. There have been numerous judgements against filesharers in tha past couple of years. Just becuase you aint heard about them doesnt mean they aint happened.
http://sharenomore.blogspot.com/
Hey DevilsAdvocate, could you stick to the one nick.
Anyway, i’m off to go get myself some new movies. Oh , how these new anonymous filesharing services are great. LOL
And yes, they are out there, and getting better. Soon, it’ll be impossible to track anyone on these things.
Poor copyright owners, their days of illegal behavior are nearly over. Time to get a real job, and be of some benefit to society.
I will paste this news in my blog on the dating site ———— Tallmeet.com ——- And as a part-time model, I uploaded my best photos, the members there said I am amazing. here are many people like me. interested in?Just search the username, you may want to check them first.
[quote comment="302448"]Of course if you live outside of the U.S. or 90% of Europe, you may not be subject to such laws, otherwise you’re basicaly a socialy acceptable thief, but a thief none the less.[/quote]
Fuck you idiot.
Maybe someone needs to send a message to these dicks.(Message read DDos)
[quote comment="302448"]LOL, ok you keep telling yourself that. Unless the law in most countries escapes you, uploading or downloading ANYTHING for which you have no legal right to, i.e. without the express permisson of the copyright holder, it constitutes copyright infringement. There are no two ways about it. Of course if you live outside of the U.S. or 90% of Europe, you may not be subject to such laws, otherwise you’re basicaly a socialy acceptable thief, but a thief none the less. If you are in any doubt of that fact, I’d suggest you brush up on your copyright law instead of deluding yourself.[/quote]
Yup, a thief. A thief, stealing from thieves. We’re right, we’re wrong, woop de day does it really matter? Stealing from thieves, violating violaters, oppressing oppressors - or letting them get away with it.
Is the lesser of two evils ever justified? I’d say so.
How about, is the lesser of two evils ever morally acceptable? I don’t think so.
But is it ever necessary to make a decision between two evils, and to choose the lesser of the two? Absolutely.
If you disagree, just ask any leader of any organization in history.
[”POSTING TOO QUICKLY” can suck my
They need to file a case against discordia for “passing off”/”palming off”/Unfair competition which is upholdable under U.S law.
Article 10bis of the Paris Convention for the Protection of Industrial Property (as signed by the U.S)
[quote](1) The countries of the Union are bound to assure to nationals of such countries effective protection against unfair competition.
(2) Any act of competition contrary to honest practices in industrial or commercial matters constitutes an act of unfair competition.
(3) The following in particular shall be prohibited:
(i) all acts of such a nature as to create confusion by any means whatever with the establishment, the goods, or the industrial or commercial activities, of a competitor;
(ii) false allegations in the course of trade of such a nature as to discredit the establishment, the goods, or the industrial or commercial activities, of a competitor;
(iii) indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods.
[/quote]
Discordia is the Roman goddess of strife. Her Greek counterpart is Eris, her Greek opposite is Harmonia, whose Latin counterpart is Concordia.
Discordianism is a modern religion centered on chaos; it was founded circa 1958–1959 by Malaclypse the Younger with the publication of its principal text, the Principia Discordia. Widely regarded as a parody religion, it has been called “Zen for roundeyes”, based on similarities with absurdist interpretations of the Rinzai school. Discordianism recognizes chaos, discord, and dissent as valid and desirable qualities, in contrast with most religions, which idealize harmony and order. Eris, the Greek mythological goddess of discord, has also become the matron deity of the religion Discordianism.
[quote comment="302496"][quote comment="302448"]Of course if you live outside of the U.S. or 90% of Europe, you may not be subject to such laws, otherwise you’re basicaly a socialy acceptable thief, but a thief none the less.[/quote]
Fuck you idiot.[/quote]
Oh did I touch a nerve. You must be American. My last response is awaiting moderation, so you’ll have to wait till a moderator sees fit to aprove it to get the proof as you cannot be bothered to google for yourselves. Uploading downloading, its all the same, unless you are using usenet. So in order to download you have to BE uploading, so Quartz your point is moot, and, well pointless.
[quote comment="302434"]Oh the irony. P2P’ers taking the moral high ground becuase someone took something that didnt belong to them. Smacks of hipocracy dontcha think?[/quote]
and
[quote comment="302474"]
Haha are you serious? Or do you only read the bits of p2p news that suit your little filesharing utopia. There have been numerous judgements against filesharers in tha past couple of years. Just becuase you aint heard about them doesnt mean they aint happened.[/quote]
Get your heads out of your asses - there are plenty of valid legal uses for p2p networks (think livecd distribution). Just because there are a group of people who use p2p protocols for somewhat less than savory enterprises does not mean that the whole of p2p are thieves. You can’t just paint broad overarching brush strokes and expect them to fly. Try again.
@changing Shareaza name peeps:
Changing the real shareaza name only shows this corporate bully that they can do whatever they want - and no one will stand in their way. What /needs/ to be done is to a. have someone from the team sue them for infringing on the GPL license (if they aren’t providing the complete derivative source code), as well as any other issues that are relavent. It would certainly make sense to contact the EFF here as well.
Seriously though, capitulating to them does not help Shareaza and certainly makes it difficult for them in the future if these imposters decide to continue to pursue them. Ever stop to think that their plan might just be to continue pursuing them until they just /stop/ developing..?? Worse yet, what if this is just the beginning of a protracted battle against other OSS p2p apps? Don’t run from them - kick them in the nugget now so you don’t have to do it later.
–
Jerome
Devilsadvocate is throwing the truth at p2p users, and with all honesty, downloading copyright is theft. I may not care about the RIAA and MPAA. But I do want the bands, game makers and some of the film makers to keep making new shit.
Back when the scene wasn’t as large as it is now, the releases put in their nfo, “If you like the game, Buy it”.
I am not saying buy every game, but the game your really into, should be supported by the people who like it, YOU & me.
[quote comment="302517"]Devilsadvocate is throwing the truth at p2p users, and with all honesty, downloading copyright is theft. I may not care about the RIAA and MPAA. But I do want the bands, game makers and some of the film makers to keep making new shit.
…
[/quote]
Keep in mind - it’s the user’s, not the software, doing the stealing. The software has many valid legal uses. Besides peeps - this isn’t about what people do with the software - it’s about one companies attempt at stealing a GPL’d OSS project wholesale - keep your focus.
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