New Website

[George Branchflower]

First time contribution here, but could I respectfully suggest that the
points made below, whilst theoretically arguable, would almost certainly be
ruinously expensive even to deploy in any sort of legal context.
(Declaration of interest: I am a lawyer, although not practising in IP)

Consequently, they afford only theoretical, rather than real, protection. 

In these matters, discretion may be the better part of valour...unless one
has particularly deep pockets.

-----Original Message-----
From: get_iplayer [mailto:get_iplayer-bounces at lists.infradead.org] On Behalf
Of Square Penguin
Sent: 17 July 2013 01:20
To: get_iplayer at lists.infradead.org
Subject: Re: Re: New Website

To address a few points:

iplayer in URL: There is nothing wrong with having 'iplayer' in the URL as
far as I am aware. The site does not generate revenue (which is key) or seek
to dilute the trademark. Legal precedent for this is well established. Check
out 'ryan air sucks' for just one notable example that's still alive after
8+ years, if stagnant.

Use of Logo: That is get_iplayer's logo and always has been as far as I am
aware. It is on the front page of this mailing list. If someone would like
to do another one I'd be more than happy to use it, but if the BBC decides
to go after get_iplayer, it won't be over the logo.

The name: get_iplayer is called get_iplayer. It has iplayer in the name. 
If we are concerned that the use of 'iplayer' is the reason the Beeb would
shut it down, we should change the name of the software itself. 
Radio Downloader did not avoid takedown by avoiding the use of 'iplayer'.

Visibility of get_iplayer: The previous guide has seen thousands, actually
tens of thousands of unique visitors and has been sat on the front page for
months under very popular search terms such as 'iplayer guide'.
Additionally, the software has been available for many many years and the
Beeb is well aware of it. It's important to note that Radio Downloader
didn't have any protection from takedown by 'hiding under a rock' and nor
(logically) would get_iplayer.

I am happy to use the squarepenguin.co.uk URL and change the logo if someone
provides one, but ask yourself if you think it would truly make any
difference in light of Radio Downloader?

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