ACS Sues Google Over Use of 'Scholar' 285
headisdead writes "John Batelle is noting that 'The American Chemical Society yesterday filed
a complaint against Google, claiming the new
Google Scholar infringes on its own
product, called SciFinder Scholar.' Fairly typical subscription vs. free dispute, but with intellectual property issues thrown in for good measure."
Curious name clash (Score:4, Interesting)
Madness! (Score:5, Interesting)
The same could be said of a well-known operating system, of course...
I smell (Score:3, Interesting)
Google Scholar is a good name... (Score:3, Interesting)
ACS Journals (Score:3, Interesting)
Open Letter to ACS (Score:3, Interesting)
Shame on you and your lawsuit against Google!
I know your type -- you've found a nice little money-maker with SciFinder, and you don't want to lose it, even at the expense of stifling the free and unencumbered flow of scientific information.
I think you should know, you'll anger many of your intended 'grassroots' with this move, which is, in my opinion, unethical.
I'm a chemist, and I sincerely hope that the ACS either mends its ways, or is squarely put in its place by Google and tide of changing times!
Sincerely,
David Hart
Re:Curious name clash (Score:3, Interesting)
Re:Curious name clash (Score:5, Interesting)
The article says "over 1000 institutions", which is nowhere near the majority of institutions world-wide. Not even a significant amount.
And, as I pointed out, it's not aimed at the same market (subscription to a select group vs non-subscription to the general public).
Nor does it limit itself to the subset that the ACS limits itself to. Again, no "trading on the value of the name,. etc"
SciFinder "might" enjoy some protection, since it's not a generic word. "Scholar" does not. No more than General Motors can keep anyone else from using the word "Motor" in their product name.
The ACS is pimping their service with this lawsuit - hope that Google wins with prejudice.
Re:What's the big deal? ... (Score:3, Interesting)
What I resent, being in business myself, is every idiot that tries to make money on a legal technicality versus working to creat something that a customer actually cares about. Patent and copyright legal fights raise the cost of goods and hurt consumers (as well as legitimate, honest businesses).
Re:Language (Score:4, Interesting)
In fact, I suggest that Google come out with a "Google SciFi Scholar" (unless they want to throw some $$$ my way, in which case I'd be more than happy to help out).
Re:RTFA (Score:4, Interesting)
If there was a homework&tutoring service "Private Scholar" or a academia singles service "Lonely Scholar" and ACS went after it, if would be stupid and ACS would lose.
Kellogs successfully prevented Chevron from using a tiger as a convenience store food maskot because the cartoon tiger looked a lot like the one on the box of cornflakes. (If the tiger was used to sell gasoline or motoroil it would be OK).
On the free vs. fee-based controversy: unlike Google, Scifinder Scholar abstracts all chemistry and biology journals and chemical formulas there. With many leading journals producing thousands of pages every month each and hundreds of journals indexed, it costs enormous amount of man-time to keep the database up-to date. Maybe modern search technology can make the database building process cheaper. But there is no good way to index the structural formulas. Someone (with degree in chemistry) has to read the article, understand what it means and enter the chemicals, reactions and keywords one at the time.
Re:*banging head against a wall* (Score:3, Interesting)
And still misguided. There ARE limitations to what you can claim a trademark in. Someone CAN open an amusement park using "I'm loving it" and not infringe McDonald's BECAUSE they are marketing different consumer goods. That's the existing law today. Yeesh. But what McDonald's would sue under is Trademark dilution, a completely different cause of action. However, they would probably lose because "Mc" is a famous mark that everyone associates with McDonald's whereas "I'm lovin' it" has not gained nearly the fame the "Mc" family of marks has.
For the record, there are duration limitations to trademarks too so that if McDonalds isn't using a trademark in commerce when it comes time to renew the mark, they will lose the mark and anyone may use it on anything, including fast food.
Now, as for your war of attrition complaint, well that comes down to economics. McDonalds can afford the best lawyers and can afford to wear competition down. If we level the playing field, well then we just go to socialized law, at which point the lawyer you would get could be some knucklehead who got his JD from a 5th tier school while McDonalds gets a Harvard grad just because they can pay off whoever is assinging counsel that day. Money talks and always will.
-truth