Python Trademark At Risk In Europe: Python Software Foundation Appeals For Help

Glyn Moody — Mon, 18 Feb 2013 14:21:13 PST

The open source programming language Python -- named after the British comedy series "Monty Python" -- became popular in the 1990s, along with two other languages beginning with "P": Perl and PHP. Later, they formed a crucial part of the famous "LAMP" stack -- the GNU/Linux operating system + Apache Web server + MySQL database + Python/Perl/PHP as scripting languages -- that underpinned many of the most successful startups from this time.

Today, Python is used by some of the biggest names in computing, including Google, so you might assume things like trademarks were sorted out years ago. But this posting by Van Lindberg, Chairman of the Python Software Foundation, reveals that's not the case everywhere:

There is a company in the UK that is trying to trademark the use of the term "Python" for all software, services, servers... pretty much anything having to do with a computer. Specifically, it is the company that got a hold on the python.co.uk domain 13 years ago. At that time we weren't looking a lot at trademark issues, and so we didn't get that domain.

Given the rather unplanned way that free software projects have arisen and grown, it's perhaps not such a surprise that crucial domains and trademarks weren't always applied for in every jurisdiction -- after all, coders just want to code, and open source projects generally don't have any resources to pay someone to handle all the boring legal stuff. And so it often gets neglected, as here. Lindberg explains why that wasn't a problem until now: This hasn't been an issue since then because the python.co.uk domain has, for most of its life, just forwarded its traffic on to the parent companies, veber.co.uk and pobox.co.uk. Unfortunately, Veber has decided that they want to start using the name "Python" for their server products.

We contacted the owners of python.co.uk repeatedly and tried to discuss the matter with them. They blew us off and responded by filing the community trademark application claiming the exclusive right to use "Python" for software, servers, and web services -- everywhere in Europe.
That would obviously represent a real problem for the Python language there. The Python Software Foundation is therefore opposing the community trademark application, and submitting its own. But to succeed, it needs evidence that it has been using the name for many years, and should therefore be granted the trademark. Here's what it would like: According to our London counsel, some of the best pieces of evidence we can submit to the European trademark office are official letters from well-known companies "using PYTHON branded software in various member states of the EU" so that we can "obtain independent witness statements from them attesting to the trade origin significance of the PYTHON mark in connection with the software and related goods/services." We also need evidence of use throughout the EU.
The post goes on to list a variety of ways in which Python users, particularly those in Europe, can help bolster the Python Software Foundation's case and obtain the trademark in question. The good news is that communities based around free software like Python are likely to have a huge pool of people willing and able to help in these circumstances by providing evidence that throughout Europe, and for over two decades, "Python" has always meant the free software language. However, to avoid similar incidents, and similar mad rushes to gather the required evidence, it would probably be a good idea if other open source projects checked that they had registered all the obvious Web sites and trademarks.

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Google's Copyright Crackdown Punishes Author For Torrenting His Own Book

Mike Masnick — Thu, 27 Sep 2012 11:10:03 PDT

Over the years, we've pointed out repeatedly a massive Achilles Heel for Google: its often dreadful customer service. Trying to communicate with Google can often be like facing a giant white monolith, rather than any sort of human being. More recently, we've been concerned about Google's willingness to be overly aggressive in "enforcing" copyright, in an effort to keep Hollywood (and Hollywood's supporters in government) off its back. Combine those two issues, and you've got quite a story... such as the one from Techdirt reader Cody Jackson.

A few years ago, Jackson, while deployed in Iraq, wrote a book about Python (the programming language) called Start Programming with Python. He decided to give away the book for free, as a "thank you" to the open source community which, he notes, has provided him with tremendous value over the years. He has always made the book available for free, and linked to various sources where you can get it. At the same time, he's offered people the option to support him via donation. He also made a little bit of money via Google AdSense ads on his site.

Last week, he was contacted by a Google bot, telling him that AdSense had been disabled. Why? Because they claimed he was distributing copyrighted content illegally. The email, which I've seen, notes that his account has been disabled for the following reason:

Violation explanation

COPYRIGHTED MATERIAL: As stated in our program policies, AdSense publishers are not permitted to place Google ads on sites involved in the distribution of copyrighted materials. This includes hosting copyrighted files on your site, as well as providing links for or driving traffic to sites that contain copyrighted material. More information about this policy can be found in our help center ( http://www.google.com/adsense/support/as/bin/answer.py?hl=en&answer=105956 ).

To be honest, Google's terms here make no sense. Basically EVERY website "contains copyrighted material." Based on what Google sent to Jackson, no one could link to any website if they wanted to run AdSense. Google has a number of really good copyright lawyers, but they must have let this one slip by. I'm sure Google means "unauthorized" or "infringing" copyrighted material, but that's not what it says.

Either way, it seems ridiculous and serious overkill to suggest that any links to a site that carries infringing content -- even if the link is to legitimate content -- should be deemed a terms of service violation. The email provides one link as an "example page" of the kind of problems they're talking about. That page is the one where Jackson announces that he's put up a torrent of the 2nd edition of his book, and points people to The Pirate Bay and Demonoid to get it. Remember, this is his own book, which he's published himself and is giving away for free... on purpose.

You could argue that Google's terms here are overbroad and perhaps they're within those rules. But saying that you can't link to legitimate content that you yourself released on the Pirate Bay could have a real chilling effect for those who choose to put their own works on such sites.

Jackson reached out to Google for more information, explaining to them the situation, pointing out that he's the author and publisher, and that the work is published under a Creative Commons BY-SA license, and thus all copies on The Pirate Bay are perfectly legal and authorized. Google told him it would review the account... and then sent the following:

Thank you for providing us with additional information about your site. However, after thoroughly reviewing python-ebook.blogspot.com and taking your feedback into consideration, we're unable to re-enable ad serving to your site at this time, as your site appears to still be in violation.

If you'd like to have your site reconsidered for participation in the AdSense program, please review our program policies (https://www.google.com/adsense/policies) and make any necessary changes to your webpages. For more information regarding your policy issue, please visit https://www.google.com/adsense/support/bin/answer.py?answer=113061.

Confused about this after reading through everything and still not seeing any violation, he removed the links to the torrent files, even though it made perfect sense to him to keep them up. As he noted to me via email: "The torrent was one of the first ways that I had made my book available, since that is where the technical people are likely to hang out. I figured a torrent file on the most popular torrent site was a no-brainer."

So he, once again, responded to the Google bot, this time after removing the links... and he still got back the exact same message. The current post (and, again, this was a post that Google specifically called out as an "example" of a problem page) still mentions The Pirate Bay and Demonoid, but has no links (and even when it did have links, they were authorized!). And yet, Google's AdSense team still insists that he's violating AdSense's inscrutable terms. They won't explain why. They won't seem to actually comprehend what he's saying. They just block.

For what it's worth, we hear from Google haters all the time that it somehow refuses to take down Ads on "pirate sites." This experience seems to suggest the exact opposite: that Google is overly aggressive in trying to block ads showing up in any way, shape or form, near sites that it has deemed to be problematic, even if the content is 100% guaranteed legal and authorized. Combine that with Google's horrendous customer service-by-bot, and you have an unfortunate situation where an author is being punished for doing something perfectly legal and can't seem to find a human at Google who will actually take the time to understand what's going on.

These are the reasons why we get so nervous when Google cranks up its "automation" at the insistence of Hollywood. The collateral damage is very real.

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Python Trademark At Risk In Europe: Python Software Foundation Appeals For Help

Google's Copyright Crackdown Punishes Author For Torrenting His Own Book