They probably specifically don't say that to avoid potential copyright issues. Depending on jurisdiction (I'm thinking specifically UK and EU here) you can't actually say that about a competitive product without encountering problems.
I'm note sure about the EU part, because in Belgium you can mention competitors, e.g. "Darktable aims to fulfil the same need as Lightroom" is absolutely allowed, without problems. There aren't even rules specifically for mentioning competitors, it's about comparisons in general. For example, saying your product is "the best on the market" counts as a comparison, and you'll need proof to back up your statements.
Even a lawsuit without merit would require lawyering up and suck scarce time and energy. Adobe has deep pockets and lawyers on staff. Darktable has volunteers.
I agree. I think never mentioning Lightroom is a way of steering clear of meritorious suits and reduces the likelihood of a frivolous one...since even a frivolous lawsuit could be fatal. Anyway, "here is our cool thing" is probably organizationally healthier than "us against evil corp."
The darktable guys can't just release it under American copyright law? So long as the site and source are hosted by American companies, they wouldn't have to worry about other nations' rules.
I wouldn't count on it. As long as the product is available and marketed in other countries they can get caught in legal issues for not following those countries laws relating to marketing and offering of products.
Darktable is open source, though; it's not really offering a commercial product. Besides, what will eurocrats do if they determine a copyright issue? It's not as though there will be any earnings to garnish, worst-case scenario. If I (an American) publish a software project, Euro trademark law doesn't apply to me.
Legally does it really matter what is your specific price point or development model? Also it does nor matter what is your residency, if you publish it in Europe (or country X) then at least in theory you need to follow the local laws. How/if these would be enforced is another question. And yes I know your publishing tool probably does not even give you much control to which countries you start to export your product once you click Publish. Or is there any such at all?
Comments
They probably specifically don't say that to avoid potential copyright issues. Depending on jurisdiction (I'm thinking specifically UK and EU here) you can't actually say that about a competitive product without encountering problems.
I'm note sure about the EU part, because in Belgium you can mention competitors, e.g. "Darktable aims to fulfil the same need as Lightroom" is absolutely allowed, without problems. There aren't even rules specifically for mentioning competitors, it's about comparisons in general. For example, saying your product is "the best on the market" counts as a comparison, and you'll need proof to back up your statements.
Even a lawsuit without merit would require lawyering up and suck scarce time and energy. Adobe has deep pockets and lawyers on staff. Darktable has volunteers.
You can file a lawsuit without merit about anything, you don't need merit.
I agree. I think never mentioning Lightroom is a way of steering clear of meritorious suits and reduces the likelihood of a frivolous one...since even a frivolous lawsuit could be fatal. Anyway, "here is our cool thing" is probably organizationally healthier than "us against evil corp."
By this logic, they probably should have picked a different name.
The darktable guys can't just release it under American copyright law? So long as the site and source are hosted by American companies, they wouldn't have to worry about other nations' rules.
I wouldn't count on it. As long as the product is available and marketed in other countries they can get caught in legal issues for not following those countries laws relating to marketing and offering of products.
Darktable is open source, though; it's not really offering a commercial product. Besides, what will eurocrats do if they determine a copyright issue? It's not as though there will be any earnings to garnish, worst-case scenario. If I (an American) publish a software project, Euro trademark law doesn't apply to me.
Legally does it really matter what is your specific price point or development model? Also it does nor matter what is your residency, if you publish it in Europe (or country X) then at least in theory you need to follow the local laws. How/if these would be enforced is another question. And yes I know your publishing tool probably does not even give you much control to which countries you start to export your product once you click Publish. Or is there any such at all?