44 replies to this topic

[veskop]

Satco Europe GmbH wins against Dream Property GmbH


This is the Higher Regional Court of Düsseldorf decided with judgment of 24.04.2012 provisional order in a disposal method, in which two companies grappled over the term of a software that is included in satellite receivers.

The manufacturer of satellite receivers, Dream Property GmbH, went through a preliminary injunction proceedings in May 2011 an action against the pan-European distributor of satellite receivers, Satco Europe GmbH, before, because the latter in its products, software, the term "Enigma" used. Dream Property had this name can be protected as a word mark with the European Trademark Office.

While the district court still shared the view of Dream Property that through the use of the term "Enigma" there is a trade mark infringement, then the Düsseldorf Court of Appeal ruled in ruling that the alleged dream property not entitled to injunctive relief. The reason for this was the opinion of the Court, especially that Satco Europe the term "Enigma" in a legal manner is used as a working title of the corresponding software. Such use is permitted under Article 12 CTMR b. This rule states that a trademark owner to a third party may not prohibit the use of information on the nature and quality of the goods or services if they use them in accordance with honest practices in industrial or commercial matters. In simplified terms: if a piece of software so named as it is known for many years in the trade is, legally, even if there is a passing mark.

In the present case was the use of "enigma2" to describe a particular program - and a working title. Satco Europe had both in the texts of his promotional flyer for the set-top boxes, as well as its online advertising pointed out that the offered units were equipped with a "Linux Enigma2 operating system". According to the court this information is to be understood as meaning that the Linux operating system with graphical user interface "enigma2" is part of the equipment offered the advertised receiver. The target public are expecting the word "Enigma" by name, the name of a computer program, and not one suggestive of a manufacturer's brand.

In addition, the Court said that the topic of open source software.

After the terms of the GPLv2, any software program, subject to the license conditions are complied with, in principle, be reproduced by anyone, distributed and used. In the present case, the Enigma software was licensed under the terms of GPLv2. May be so designated - Consequently, this program used in accordance with the terms of the GPLv2 license.

In fact, it was now so that was based on the Linux operating system program not only Enigma of Satco Europe, but for more than six years by many other manufacturers used just under that name in commercial products. This fact has even dream property on his website made very clear by saying that they see it as recognition of their work that other speakers would use the software vendor Enigma.

In this respect suggests the word "enigma" in the target public for a long time to come to a designation of an open-source software from different commercial origin - and thus just as the title of the software - and thus as a "working title".

Also important is the opinion of the court that would exist even without a corresponding intimacy of intercourse with a long-standing use of the term has no legal violation by Satco Europe. For a standalone computer under a free license program in every way a work is similar, its copyright has expired. This means that if the use of the software from the outset on the basis of a free license (eg GPLv2) occurs, then there is for the user (in this case, for example, Satco Europe) the need to refer to the description of the work. This must be the opinion of the Court be possible to point to the actual name of the software. And because the software has now been used once described as the property of Dream Enigma, the legitimate user can call this free software as Enigma. Provided, however, that the license conditions were fully complied with the GPLv2.

For all users of open source software at this point is also critical of the Court's assessment that even an adaptation of the software used on the particular hardware does not change the legal analysis would entail. Justification for this is that even the free use of the program requires an adjustment to different hardware platforms. But the creation of different controls and different functions a certain adaptation of the software make absolutely necessary. The relevant public would not view such changes as long as the court accept an agreement about the programs, such as the essential features are identical, and in particular offered by third-party plug-ins may find use. ''

Regensburg, 05.16.2012
paluka.de

[Persian Prince]

what a wonderful news

[Carl]

It's in german

http://www.ifross.or...am Property.pdf

[gorski]

A funny translation of funny court case...

DMM as comedians, finally exposed...

[Rob van der Does]

DMM as comedians, finally exposed...

Indeed: I had a good laugh, reading this!

[gorski]

The best part is that Marusys will have to take great care with their new, upcoming OS, XBMC4STB, not to try to write the same horrible story, as DMM with Enigma, as I fear they will try...

You see, they too will take something already existing in the Open Source community, alter it to suit their purposes and then try to close it, while at the same time soliciting help from the very same community....

That would be unforgivable!!! And illegal. I hope someone, in such a scenario, sues the living daylights out of them, too!!!

VIVA OPEN SOURCE, VIVA GPLv2!!!

[Rob van der Does]

I'm pretty confident that VU+ also learned their lessons from the desperate moves DM made.

[gorski]

I really wish you are right - but honestly speaking, I have a weird feeling about this one...

About absurdity and complete indecency coming our way...

[Rob van der Does]

Well, so far VU has a repos that is open to all; you really fear that's going to be changed?

[gorski]

They already tried the copyright BS with their new project, XBMC4STB...

I hope this changes things and they stop the ludicrous "protection"...

[bacicciosat]

I'm pretty confident that VU+ also learned their lessons from the desperate moves DM made.

Vu+ (Ceru Ltd:Intervener and appellant:)
was direct part in the judgment against Dmm.
They won the action.

[Rob van der Does]

I'm pretty confident that VU+ also learned their lessons from the desperate moves DM made.

Vu+ (Ceru Ltd:Intervener and appellant:)
was direct part in the judgment against Dmm.
They won the action.

Yes, that's very clear indeed, as stated above. So what is it you wanted to say by this?

[bacicciosat]

I want to say that they was part active in this story about the open source arguments.
So i don't think they have something to learn and i think their code will be open.
But who can know for sure the future?
We will see ;D

[gorski]

They are getting ready...

http://www.marusys.com/PR%20Center.html?linkpage=press&idx=104

If you didn't already have enough ways to get content onto your iPhone, Marusys is adding two more to the pile with its MS630S and MS850S set-top boxes. Said to be PVR-ready, these boxes are designed to serve up content in all sorts of ways, with composite, component, and HDMI video outputs on the back and, inside, the ability to run Linux-based media players like XBMC. Both rock a Magnum DX6225 media chip, enabling on-the-fly transcoding of content into a variety of formats, including the hallmark feature of these devices: streaming straight to the iPhone over WiFi. It's not exactly clear how this will work as Marusys itself doesn't explain this functionality on its site, but Magnum certainly talks it up in the press release after the break. No word on price and availability of either, or when we might get more info on how this whole thing fits together, but you can be sure you'll know as soon as we do.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Magnum Semiconductor Brings Any-Content-Anywhere Streaming Capability to Marusys Set-Top Boxes
Marusys' Latest Generation of DVB-S/S2 Set-Top Boxes Use the Magnum DX6225 Multi-Standard and Multi-Resolution Transcoder for Time-Shifting and Streaming to the Apple�� iPhon®
MILPITAS, CA--(Marketwire - April 10, 2010) - Magnum Semiconductor, leader in professional-grade media processors, and Marusys, leader in Linux-based integrated-PVR set-top boxes, announced today that they are using the powerful and versatile Magnum Semiconductor single-chip DX6225 transcoder in the latest generation Marusys DVB-S/S2 HD PVR receiver set-top boxes with HD recording and streaming over WiFi to the Apple® iPhone®.
The DX6225 excels in multi-format transrating, transcoding from MPEG-2, H.264 to H.264 and in conversion to mobile media player resolutions at very low bit rates without compromising video quality. DX6225 unique network, device adaptive streaming allows dynamic, seamless changes in compression parameters to compensate for dynamic changes in available network bandwidth, which in turn deliver best quality of experience to the end user. The DX6225 best compression translates into longer recording times of broadcast programming without increasing hard disk or flash memory costs and the ability to watch HD programming on mobile media players.
"Magnum Semiconductor proved to be a valuable partner to our core business, providing the best combination of design support, product features and price in a highly competitive market. The DX6225 allows us to extend our leadership in the satellite receiver PVR market with our MS850S and MS630S products by offering the best user experience in terms of video quality, recording time and freedom to not only decide when, but also where to watch their favorite broadcast programming in the home," said Yong Gyu Park, CEO at Marusys, Korea.
"We are very proud to have been selected by Marusys as their business partner to help them expand their share in the satellite receiver set-top box market. Marusys validates our leadership in bringing broadcast video quality to the consumer market, satisfying the requirements of the most demanding consumers," said Gopal Solanki, CEO at Magnum Semiconductor. "We are excited to be the first to bring any-content-anywhere functionality to the market within a cost-effective single chip solution and having our products be adopted by leading OEMs across the world."
Pricing & Availability
The DX6225 is currently shipping in volume. Contact Magnum Semiconductor for further information.
About Marusys
Marusys is a leader in Linux-based satellite receiver set-top boxes. At the core of its competency are advanced Linux set-top box technologies and expertise and know-how, which allow it to introduce innovative features and compelling customer value faster to market than the competition, such as HD PVR and whole home streaming capabilities. For more information visit www.marusys.com.
About Magnum Semiconductor
Magnum Semiconductor is a leading provider of silicon, modules, software and IP for the professional broadcast infrastructure and compression-enabled consumer clients. Magnum provides top of the line products, tools and technologies for the entire video content creation and distribution chain, from content capture and production to its delivery to the home. Magnum Semiconductor is headquartered in Milpitas, California, with sales and engineering offices in Canada, Europe, China, Japan and Korea. Further information is available at www.magnumsemi.com.

http://en.wikipedia.org/wiki/Magnum_Semiconductor

http://technicaldocumentationsolutions.com/brief-sample.pdf

http://www.linuxfordevices.com/c/a/News/Marusys-MS630S-and-MS850S-DVBSS2-HD-PVR-receivers-and-Magnum-DX6225-/

http://www.marusys.com/brochure_v.01/MS630S.pdf

http://www.marusys.com/brochure_v.01/MS850S.pdf

http://www.magnumsemi.com/products_DXT.html

Edited by gorski, 21 May 2012 - 12:10.

[bacicciosat]

I think you are looking in a wrong direction.
I have seen @ Vu+ day the prototype running Xbmc and have nothing to do with these boxes.
It is a new box line based on an arm beagleboard

[Taykun345]

gorski, you are looking at 2 years old news

[Boxee]

I think you are looking in a wrong direction.
I have seen @ Vu+ day the prototype running Xbmc and have nothing to do with these boxes.
It is a new box line based on an arm beagleboard

So it means just multimedia part will run, and TV part ? As in that way on ARM CPU's under Android for now is just working DVB-T under some tablets and media players.

[bacicciosat]

tv and pvr parts are integrated in Xbmc

[MiLo]

Satco Europe GmbH wins against Dream Property GmbH

The REAL winners are the lawyers. They're the only ones to actually gain something from all this.

[gorski]

PVR part seems to be better sorted, out of the two, it seems to me.

Only a few terrestrial and cable PCI cards are supported for now [see Wiki] - and as far as I know by other developers, not the core XBMC crew. Why? The coders are not interested in "becoming another one of those apps". Instead, they have concentrated on multimedia, as in streaming and playing but not the TV part... That's from their forum, from their coders - just so there's no misunderstanding.

Marusys [for Vu+ latest recs] were recently forced to change the processor - now, they seem to have changed the supplier, manufacturer of processor/chipset. Has anybody any real proof of what is going to be the new processor/chipset, by which manufacturer etc.??

Taykun, sure but I have posted it trying to get people involved, as I have searched and haven't found much more than the Amsterdam meeting and some announcements, like the attached stuff.

So, the Q is: what will be the architecture of that new marvel? I mean, my stance is that the industry should move away from Broadcom, to better supported, cheaper processors/chipsets, possibly even more capable as well. And it seems it is happening. Thankfully. I just hope that OpenPLi will follow suit and support some of those babies...

The main argument for staying with BDCM was/is CCcam, only running on BDCM. But who needs CCcam, when we have OSCam these days?!? So, could DMM days be numbered? [Moreover, it seems crazy we're stuck with those, as DMM can't even get those processors directly, so go figure...]

One more thing: there is talk that XBMC could run on 400MHz [for instance, BDCM 7413] mipsel but with new opengpl, if I understood correctly. CPU is not tasked too much, in that case, apparently, so it is doable. But Marusys have not said they would do that, i.e. that XBMC will be available for Ultimo as well...

Any more details on that?

Attached Files

•  xbmc.pdf   722.99KB   11 downloads