4 ms·

The DMCA doesn't handle trademark, and if a link to a site counts as trademark infringement the internet is dead.

littlestymaar 5y ago
> The DMCA doesn't handle trademark That's a good point > and if a link to a site counts as trademark infringement the internet is dead. It's not a “link to a site” though, it's a public blacklist of domains involved in spam and abuse. I have no idea about how the US trademark laws work,but in my country at least (France), doing so is a great way to get sued by the company. (And yes, this also applies to product reviews posted on say Amazon or Tripadvisor[1]) [1]: https://www.votre-reputation.com/2021/01/20/denigrement-sur-tripadvisor-quelle-competence-des-juridictions-francaises/ https://www.votre-reputation.com/2021/01/20/denigrement-sur-...
- boomboomsubban 5y ago
  That ruling only shows that the courts have the right to hear that international case, I'd guess whether the comments were derogatory will take a while longer. Either way, there are few parallels between moderating a users potentially false comments and correctly labeling a site as a disposable email domain.
  - littlestymaar 5y ago
    Are you French? If so, you should know that French Trademark law is super restrictive (you can't show a brand name in a TV show[1] without permission). If no, why would you even comment on the legal system of a country you don't know at all? [1]: journalists are exempted indeed, I'm talking about entertainment here.
    - boomboomsubban 5y ago
      >If no, why would you even comment on the legal system of a country you don't know at all? I commented on the article you linked. I don't know about French law, but I do know your source didn't back up your claim. I find it hard to believe a URL can be trademarked, things like search engines just couldn't function that way. And why would you comment about the DMCA, a part of a legal system you seemingly don't know at all?
      - littlestymaar 5y ago
        > And why would you comment about the DMCA, a part of a legal system you seemingly don't know at all? You realized that I asked a question about it right? > I commented on the article you linked. I don't know about French law, but I do know your source didn't back up your claim. The source was about the (only tangentially related) issue of product reviews, since I was talking about it in a side note parenthesis. Not about the main topic. > I find it hard to believe a URL can be trademarked It's not an URL, it's a domain name. (a URL is a string “<protocol>://<domain/[<http route>]”) and domain names are clearly subject to trademarks in France[1]. But it's seems to be different in the US[2]. [1]: https://fr.wikipedia.org/wiki/Milka_contre_Kraft_Foods https://fr.wikipedia.org/wiki/Milka_contre_Kraft_Foods [2]: otherwise Facebook wouldn't have needed to pay $200,000 for its domain name I guess?

> The DMCA doesn't handle trademark That's a good point > and if a link to a site counts as trademark infringement the internet is dead. It's not a “link to a site” though, it's a public blacklist of domains involved in spam and abuse. I have no idea about how the US trademark laws work,but in my country at least (France), doing so is a great way to get sued by the company. (And yes, this also applies to product reviews posted on say Amazon or Tripadvisor[1]) [1]: https://www.votre-reputation.com/2021/01/20/denigrement-sur-tripadvisor-quelle-competence-des-juridictions-francaises/ https://www.votre-reputation.com/2021/01/20/denigrement-sur-...

boomboomsubban 5y ago
That ruling only shows that the courts have the right to hear that international case, I'd guess whether the comments were derogatory will take a while longer. Either way, there are few parallels between moderating a users potentially false comments and correctly labeling a site as a disposable email domain.
- littlestymaar 5y ago
  Are you French? If so, you should know that French Trademark law is super restrictive (you can't show a brand name in a TV show[1] without permission). If no, why would you even comment on the legal system of a country you don't know at all? [1]: journalists are exempted indeed, I'm talking about entertainment here.
  - boomboomsubban 5y ago
    >If no, why would you even comment on the legal system of a country you don't know at all? I commented on the article you linked. I don't know about French law, but I do know your source didn't back up your claim. I find it hard to believe a URL can be trademarked, things like search engines just couldn't function that way. And why would you comment about the DMCA, a part of a legal system you seemingly don't know at all?
    - littlestymaar 5y ago
      > And why would you comment about the DMCA, a part of a legal system you seemingly don't know at all? You realized that I asked a question about it right? > I commented on the article you linked. I don't know about French law, but I do know your source didn't back up your claim. The source was about the (only tangentially related) issue of product reviews, since I was talking about it in a side note parenthesis. Not about the main topic. > I find it hard to believe a URL can be trademarked It's not an URL, it's a domain name. (a URL is a string “<protocol>://<domain/[<http route>]”) and domain names are clearly subject to trademarks in France[1]. But it's seems to be different in the US[2]. [1]: https://fr.wikipedia.org/wiki/Milka_contre_Kraft_Foods https://fr.wikipedia.org/wiki/Milka_contre_Kraft_Foods [2]: otherwise Facebook wouldn't have needed to pay $200,000 for its domain name I guess?