Path: utzoo!utgpu!water!watmath!clyde!att!rutgers!bellcore!tness7!ninja!dalsqnt!rpp386!pigs!haugj
From: haugj@pigs.UUCP (The Beach Bum)
Newsgroups: comp.binaries.ibm.pc.d
Subject: Re: docs on PK contempt suit
Summary: keith is not an attorney,
	 ... but then neither am i.
Keywords: arc, pkarc, pkxarc, sea, pkware
Message-ID: <407@pigs.UUCP>
Date: 14 Sep 88 19:45:12 GMT
References: <5482@pasteur.Berkeley.EDU> <396@pigs.UUCP> <8153@mhuxu.UUCP> <400@pigs.UUCP> <8487@smoke.ARPA>
Reply-To: haugj@pigs.UUCP (The Beach Bum)
Organization: The Big "D" Home for Wayward Hackers
Lines: 42

In article <8487@smoke.ARPA> w8sdz@brl.arpa (Keith Petersen) writes:
>John Haugh claims PKWare is in contempt of court for releasing PK361
>with the words "archive" in the DOC files.

No, PKWare is in comtempt of court for CONTINUING to distribute PK361
documentation which continues to use the word "ARC" in a manner
inconsistent with the consent decree.  Please read the consent decree.
Phil Katz admitted to SEA's claims to having a trademark on "ARC" and
further agreed to not use it.  By continuing to use this trademark,
PKWare is in contempt of court.  If the trademark fight is won by
SEA and they are awarded the trademark, others who have improperly
used the "ARC" trademark will be in legal shit.

>John, the "trademark" on "ARC" is allegedly invalid.  It will most
>likely be denied by the Federal trademark office after all the facts are
>presented.  "ARC" was in COMMON USE many years before SEA released their
>program.  You can't trademark anything that has been in common use.

The file extension ".arc" was also being used by Relational Database
Systems for the output of ACEPREP, their relational report writer.
If I were to write a program called MYACEPREP which also produced
relational report writer programs which were also compatible with
RDS', and used the ".arc" file extension, then I would be at risk of
a lawsuit.  This is what MY ATTORNEY, [ who I pay very well, thank-you ]
told me when I began working on a project to do exactly this.

The claims that "ARC" was in use prior to the release of SEA's
ARC is revisionist history.  Prior to ARC, there were "ARCH" programs
and "LIBR" programs and other things with `librarian' and `archive'
in the name.  BUT NO PROGRAM NAMED `ARC'.

Keith does not seem to understand any area of law relevant to this
discussion.  One does not simply decide to pretend to be able to
comprehend legal matters.  Perhaps I should have Grady mail Keith a
copy of his legal opinion on the matter?  Perhaps the opinions of
a few REAL attorneys on the net might convince Keith this is not a
light matter to be left in the hands of laymen and children?
-- 
=-=-=-=-=-=-=-The Beach Bum at The Big "D" Home for Wayward Hackers-=-=-=-=-=-=
               Very Long Address: John.F.Haugh@rpp386.dallas.tx.us
                         Very Short Address: jfh@rpp386
                           "ANSI C: Just say no" -- Me