Our hearts go out to those involved in the shooting today at Virginia Tech, whether as victims, family thereof, or innocent bystanders.
Archive for April, 2007
A moment of silence for VA Tech
Monday, April 16th, 2007ritbook, RIT, and Trademark Infringement
Friday, April 13th, 2007A few days ago the Rochester Institute of Technology sent a demand to the owner of ritbook demanding that he cease using the RIT trademark. (See the letter here.) Robert Colon, the RIT Chief Legal Officer, authored the letter and claimed trademark numbers 1,716,652 and 1,705,506, saying that the use on ritbook is a violation of the Lanham Act, and RIT’s trademark rights. There’s just a few problems with his letter.
First, I invite the reader to look up the referenced trademarks. They refer only to use with education services - no mention of book sale or any brokerage function is contained in the trademark registration. A quick search of the USPTO trademark database (available at http://www.uspto.gov) shows that there are a number of “RIT” trademarks registered, ranging from software companies to clothing dye. The point I’m trying to make here is that that a trademark only covers use in a specific area of goods and services - it would, for example, be ridiculous for Microsoft to claim that due to its trademark on “Windows”, glass companies can no longer use that word for thin, transparent sheets of glass used to protect interior areas from the elements. The same idea is going on here - ritbook provides a service, targeted for RIT students, where it acts as a listing service, providing a framework for students to list and find books in a more efficient manner than posters tacked to bulletin boards. For that matter, ritbook isn’t making any money from it, which also throws the whole trademark argument off a bit. But let’s assume for now that RIT was right in enforcing its trademark.
Next is the requirements made. The demand that all references to the Rochester Institute of Technology be removed except to point out that the site is not affiliated with RIT is absolutely ridiculous. The very sections of the Lanham Act that Mr. Colon points to protect fair use of trademarks to provide a contrast - for example, the law seems clear to me that if Mr. Leville wanted to point out that ritbook can save students money in contrast to the RIT bookstore “Campus Connections”, he would be well within his rights. I am not a lawyer, so understand that’s not professional advice, but if I’m wrong, explain to me how Apple can make fun of Windows every night on national TV (”I’m a Mac.” “And I’m a PC.”, etc) and not fear trademark litigation. And the demand that “rit” be removed from the domain name is just ridiculous.
Finally, we get to the last paragraph. The letter threatens two actions if its demands are unmet. The first is legal action. This is fine - the purpose of the legal system is to resolve this type of disagreement. The second is referral to Student Conduct. There’s a problem here. Courts are held accountable, proceedings are public, defendants are given fair chance to defend themselves - if they can’t afford or find a lawyer, one will be provided for them, even - and a trial by jury may be requested. Student Conduct is the opposite of the real legal system in every way - hearings and other proceedings are private to the point where the student is not even allowed to disclose details, there is no mechanism for a jury, and not only can the student not bring a lawyer, but if they chose to bring a faculty advocate, they must choose a faculty member who is not a lawyer. This is a system that should NEVER be used when RIT has a complaint against a student, particularly a legal complaint - the student is not allowed to defend themselves properly with respect to the law, and since RIT makes the judgement, there’s no incentive not to rule in the institution’s favor no matter the facts. The threat of SC is far more terrifying than legal action - and RIT knows this.
In conclusion, I submit that this letter is a scare tactic. First demanding that the student comply with baseless demands, quoting laws that invalidate some of those very demands, and then threatening them with action they have no real defense against. Of course, it’s not just a scare tactic - I wouldn’t put it past RIT to waste tuition on suing a student in a case they’re sure to lose. After all, they’re already using it to buy the security guards new toys. And don’t forget Student Conduct - RIT is sure to win that one, no matter what the law really says.
How not to run a campaign for election
Tuesday, April 10th, 2007Two of the candidates for Student Government something this year at RIT are Ed Wolf and Sasha Malinchoc. I don’t know what they’re running for. I have no way of knowing. They never say. They have posters up all over campus that just say “Empower & Achieve” and a link to their website at http://vote.rh.rit.edu/. They’re a study in how not to run a campaign for anything.
Let’s start with a simple thing, which is only partly their fault. They should be removed from candidacy for registering vote.rh.rit.edu and using it as part of their campaign (for those not familiar with RIT’s IPEDIT/Claws systems, students are allowed to request custom DNS names). Furthermore, whatever rules govern SG campaigns should be changed to ban such blatant attempts to unfairly sway, even mislead, the student body. That’s like registering united-states.com to promote a single candidate.
Second, the posters, and the website. In all that space, you’d think they could mention what office they’re running for. One would assume president and VP, but how are we supposed to know this? Sasha and Ed never say. For all anyone could ascertain from their posters and web site, they could be trying to get elected for completely separate offices.
Aside from that Sasha and Ed look like generic candidates for whatever they’re doing. Vote for their opponent, please, in the event you do ever figure out what office they’re trying to run for. We don’t want dishonest idiots like this anywhere near SG. And yes Sasha and Ed, although I’m not a big fan of personal attacks in public forums, you deserve it. Your behavior in registering vote.rh.rit.edu for your personal campaign use is inexcusable, and your inablility to make posters, or even a web site, that says what you’re trying to get elected for shows an ineptness at even the simple task of advertising, much less representing the student body.
So this coming SG election, don’t vote Ed and Sasha.
I’m Joe, and I approve this message.
–EDIT
Apologies - it does say what they’re running for at the very bottom of the biography pages. Great way to make sure no one sees it.
Anime Club Pre-election MADNESS.
Wednesday, April 4th, 2007Hey Pigfuckers. I’m back.
Well, not back, per-se. I’m just visiting for a few fleeting moments, as I talk politics. My politics failed, not from anything wrong with them, but from my own fear of… Not even skeletons, but ghosts in my closet.
So, others are doing the politicking. And it’s some slim pickin’s here.
The two declared contestants are Alice and Tran. I’d not want either running the US, or even the state, but for the club, they’ll do.
The problem becomes one of influence. Both have similar taste in anime, though Alice is less easily entertained by the mediocre, but the difference comes out somewhat in who they choose to listen to. Tran is surrounded by fanboys; however, his company is mostly high class, for fanboys. Alice hangs out with some of the same people, but she also has a link to a much less awesome part of the population at RIT. And she lets herself be influenced by such.
Worth noting is that the club, which is somewhere near 80% male, has been run by a woman for two years, and has had a female-dominated executive board this past year. Notably, most of the guys at RIT are relatively effeminate, but there’s a limit to it.
This is where I wish for tertium quid.
I don’t think there will be any contest for FC, Treasurer, or Business Liaison (Though, I have to wonder if the club has actually managed to recognize the position yet). I can safely endorse the incumbent party picks for those positions. Secretary and Librarian are a different story.
Secretary, I’ve heard only rumor. Well, not so much rumor, as a distant shout of “Spanish!” I endorse that shout.
Librarian is a little bit interesting. I have quite a bit of love for the incumbent party candidate, but I’d love to see new blood on the board. I can’t say that the new blood would be perfect, but it might be a nice change. And give said blood something to do to calm him the fuck down.
That’s the Anime Club pre-election rundown.
