Re: panic: pmap_enter: no pv entries available

["Christopher D. Lewis" <Lewis_(_at_)_Alumni_(_dot_)_Duke_(_dot_)_edu>]

On Sunday, July 21, 2002, at 11:14  AM, Artur Grabowski wrote:

> Given that you obviously don't know how trademarks work, I suggest you
> talk to your lawyer before you get yourself into deeper shit than you
> planned for.

Mr. Grabowski offers the best advice on the pf/ipf name and 
OpenBSD/DarrenBSD/OpenBSD+ipf name thread that has yet appeared.

Trademarks operate differently in different countries, and some may 
require registration for trademark rights to exist. In the United States 
trademark, unlike patent, is not exclusively federal law and rights do 
not exist exclusively through federal registration of marks.  While one 
MAY register a trademark and gain benefits therefrom (eg, everyone 
nationwide is considered to have "record notice" of every registered 
mark), one need not.  Use of a mark in commerce which gives a mark a 
meaning and value in the marketplace creates trademark rights which can 
be infringed by offering different goods under the same mark.  Apple's 
trade dress suit against eMachines was of this ilk:  Apple didn't 
"register" the colored, translucent all-in-one design as a mark, but its 
use in commerce and its advertising created some marketplace goodwill 
which eMachines was in a position to dilute with off-brand "goods."  
Ferrari closed down a replica-maker on similar dilution grounds:  the 
replicas which looked like Ferraris but sounded and performed 
differently, and made the vehicles appear less rare and exotic, diluted 
Ferrari's distinctive products' value in the marketplace.

If use of a mark creates confusion in the marketplace, it's a pretty 
good sign the original user's rights have been infringed.  Acme Brick 
and Acme Burger might not have this problem, but Guido's Hamburgers and 
Guido's Sandwiches probably will.

OpenBSD and ipf can be found online and associated with their makers, 
and happy users giving tips on how to set up and use the products can be 
found ... offering a different product with the same name and different 
behavior and characteristics is probably unlikely not to cause confusion 
and disappointment as naive persons enter the market and try to use one 
or the other and possibly get frustrated with mismatched, confusing 
documentation.  Telling them apart by the code might be particularly 
hard for users installing binaries.  Even if both products behave as 
their makers' documentation describes, the confusion created by having 
different products offered under well-known products' names will 
undermine the value of the original marks, especially in the view the 
difficulties newbies experience when everything has a non-confusing name.

Deliberately creating confusion for fun/spite/sport?

Reminds me of the prayer offered by the lawyer at the revival meeting:  
"Stir up much strife amongst thy people, Lord, lest thy servant perish."

Take care,
	--Chris