Firebird Database Project Issues New Statement on Naming Debate
Thursday May 1st, 2003
On Tuesday, the Firebird database project's main front page was updated with another statement from the Firebird Admins about the naming controversy. The announcement suggests that the database project's leaders may be satisified if mozilla.org and related sites follow the policy of the Mozilla branding guidelines to the letter and only ever refer to the former Phoenix browser as 'Mozilla Firebird'. According to the update, the Firebird Admins, the FirebirdSQL Foundation committee and the IBPhoenix principals (the IBPhoenix site appears to be down right now) sent a formal letter to mozilla.org on Friday and are awaiting a response.
The statement also links to an assessment of the Firebird database community's legal position, published by the FirebirdSQL Foundation. We were not able to verify the accuracy of this legal advice, which was researched by Pavel Cisar, one of the database project's administrators, and two unnamed legal consultants. Interestingly, the document reveals for the first time that the FirebirdSQL Foundation is considering suing mozilla.org. In the past, the group has claimed that they are not interested in taking legal action and could not afford to anyway. The Foundation has also published another summary of how they believe mozilla.org's use of the Firebird name harms the database project.
#40 Your argument is faulty
Friday May 2nd, 2003 5:43 AM
You are replying to this message
"Legally, naming any "electronic" product "Firebird" should not be allowed if the Firebird SQL group wanted to challenge it. There is no distinction in the trademark/copyright law which says, "as long as they aren't the same type of software, it's ok." I repeat: there is *NO* such distinction! In fact, they don't even have to both be software products, tech.."
So in other words you are arguing the point FirebirdSQL is not entiltled to use that name because there are other projects using that name Like Firebird BBS < <http://www.firebird.org.tw/> >, Firebird game (software) < <http://www.wurb.com/if/game/86>. >, a web design company < <http://www.firebird.net/> > and many more. Intereswtingly these companies use FIREBIRD as their only descriptor in their web address. Humm, Firebase DB uses FirebirdSQL in their webpage which to me is a more correct and unique name than just plain Firebird. Why is that they didn't name their DB that way? Hypocrites!.
"They were here first, and whoever looked up the name "Firebird" did a shoddy job of checking for conflicts. "
They were "here" first? Really? Look at the links above and show will see they were "there" first.
"Typically you don't name a software product with a name that has already been taken" Well, humm, lets see: Wordstar wordprocessor, WordPerfect processor, Word (by Microsoft) and my favorite comparison, Word Pro (by Lotus). How many people you think believe Word Pro was the professional version of Word? They all use the word "word" and they all operate in the same field.
The entire FirebirdSQL vs. Mozilla Firebird is plain silly, and if I want to talk about Firebird (the browser) without preceding it with Moz, what are they going to do? Sue me. FirebirdSQL free lunch (in publicity) is about to end.