[Foundation-l] Trademarks

[Mike Godwin]

Anthony writes:

>> I'm trying to say that striking a humane balance between the
>> requirements of trademark maintenance and the interests of freedom of
>> speech is something I try to do, pretty much on a daily basis.
>
> How are the two in conflict?

I had thought this was self-evident, but it seems clear that trademark  
law can be understood as a restriction on the kind of speech one can  
engage in, especially in a commercial context.  I don't regard the two  
as "in conflict," but there is clearly a tension between trademark law  
and freedom of speech, just as there is a tension between copyright  
law and freedom of speech.  Most of that tension in the trademark  
context is addressed by such doctrines as nominative fair use (see <http://en.wikipedia.org/wiki/Nominative_use 
 >), but not all of it is.

> This perception comes not from this particular thread, but from my  
> reading
> of other threads which you've participated in (including at least  
> one that I
> was involved in).  It's not something which I care to argue with you  
> about,
> and certainly not on this mailing list, although I will point out that
> Thomas stated that "I've noticed that tendency as well", just in  
> case you're
> truly unaware that some people perceive this about you.

I'm aware, of course, that false or distorted memes may propagate from  
mind to mind, so it is no surprise that the same meme instantiated  
itself in yours and Thomas's mind.  It wouldn't surprise me if you  
both happened to suffer from a rhinovirus at the same time, either.  
(For reference, see <http://www.wired.com/wired/archive/2.10/godwin.if_pr.html 
 >.)  I've noticed, however, that the incidence of the meme about my  
purported invocation of my authority is lower in populations that  
actually do assume good faith, which provides a kind of partial  
immunity to certain kinds of memetic viruses.

Or to put it more briefly, if you're already predisposed to assume I  
think of you as "little people" or that I expect what I write to be  
"accepted without question," there's probably nothing I can say that  
will be interpreted any other way.


--Mike