Update 3: NZ Koha trademark

We have received a response from PTFS to our letter outlining the grounds on which we object to their trade mark application and inviting them to transfer their application to the Trust.

The response advised that they are considering organisations as possible candidates to hold the NZ trademark and we were welcome to submit a proposal which would be required to address a number of criteria set by PTFS.

Te Horowhenua Trust, trading as Horowhenua Library Trust, is the nonprofit body elected by the Koha global community to hold community assets in safe keeping. We have spent a number of years negotiating with PTFS and would prefer now to trust a transparent and defined process conducted through IPONZ as to the proper ownership of the mark in New Zealand.

Update on NZ Koha trademark

Who would have thought that one little blog post on a Tuesday morning would have generated so much interest and debate and support.

Horowhenua Library Trust have been bowled over by the generosity of a global community who are as concerned as we are at the PTFS New Zealand trade application to register the mark Koha in relation to software.

We have received hundreds of emails offering support for fighting the ‘good fight’. I haven’t quite replied to them all yet – but I am trying . The press have provided balanced coverage with Radio NZ, TV1 and TV3 all reporting the story pretty accurately here, generating much discussion in Maori and mainstream media forums.

We have accumulated donations of about $12k, mostly through $20 and $50 donations from individuals around the globe (including many Americans) and the generosity of the legal profession offering free representation is amazing.

We have accepted the services of Sacha Judd, Andrew Matangi & John Glengarry from Buddle Findlay, assisted by Rochelle Furneaux, who have agreed to work pro-bono for us (bless them all I say). They have been guiding us for the last few days and are busy preparing a objection to the PTFS / Liblime application should one be necessary.

We believe we are well placed now to mount a strong legal challenge and we think we have enough in donations to cover filing fees, document costs and other disbursements. While It goes completely against my nature to turn down donations to Horowhenua Library Trust, in all conscience we should stop the fundraising drive at this stage. Rest assured if is necessary to challenge the PTFS application all the way to the High Court then we may well be coming back cap in hand!

PTFS have issued a press release saying they are willing to hand the NZ Koha trademark over to a non-profit representing the Koha community. That organisation is the Horowhenua Library Trust, elected by the Koha global community, and we would be delighted to accept that offer and add the NZ Koha trademark to the store of other Koha community property we currently hold in trust ie domain names and trademarks. It would be a very simple matter for PTFS to assign the existing application to Horowhenua Library Trust and we invite PTFS to do so. The Library Trust has never stopped any Koha user or developer or vendor from carrying out their business. Our track record over the last 12 years of releasing the Koha code and supporting the Koha community to go about its business unimpeded is exemplary and we have no intention of ever changing that approach.

Plea for help from Horowhenua Library Trust

Horowhenua Library Trust is the birth place of Koha and the longest serving member of the Koha community. Back in 1999 when we were working on Koha, the idea that 12 years later we would be having to write an email like this never crossed our minds. It is with tremendous sadness that we must write this plea for help to you, the other members of the Koha community.

The situation we find ourselves in, is that after over a year of battling against it, PTFS/Liblime have managed to have their application for a Trademark on Koha in New Zealand accepted. We now have 3 months to object, but to do so involves lawyers and money. We are a small semi rural Library in New Zealand and have no cash spare in our operational budget to afford this, but we do feel it is something we must fight.

For the library that invented Koha to now have to have a legal battle to prevent a US company trademarking the word in NZ seems bizarre, but it is at this point that we find ourselves.

So, we ask you, the users and developers of Koha, from the birth place of Koha, please if you can help in anyway, let us know.

jransom at library.org.nz


Background reading:

• Code4Lib article: How hard can it be : developing in Open Source [history of the development of Koha] by Joann Ransom and Chris Cormack.
• Timeline of Koha :development
• Koha history visualization
  

Help us
If you would to donate towards the cost of mounting a legal challenge creditcards can be used on paypal below:

Cheques made out to Te Horowhenua Trust can be posted to Levin Library, 10 Bath Street, Levin, 5510. Bank deposits can be made to Te Horowhenua Trust, Westpac Levin, 030667 0299274 00 ref: Trademark.

Otherwise, any discussion, public support and ideas on how to proceed would be gratefully received.

School yard bullying is alive and well

Remember the schoolyard bullies of childhood?

Two groups of kids playing similar games on adjacent courts. One group, slightly nerdy maybe and certainly not the 'in' jocks of the other group, seem to be having heaps fun. Laughing, loads of kids on each side, all playing together, really friendly, with rules tweaked as the game progressed to even things up a bit so everyone can play.

The other court has a small team of uber-jocks playing hard and fast 'properly', right number of players on each side, referee, complicated rules, lots of people standing on the sidelines just watching. Slowly, one by one, the onlookers start drifting away from the jocks to the nerds; just watching at first then joining in to play as well.

The jocks look around and realise that they aren't the centre of attention anymore because of this 'mad' inclusive game on the other court which anyone can play because it doesn't need expensive gear, or insider knowledge or years of training.

So the jocks barge onto the court and take the ball, claim they own the court and the rules of the game are xyz. The nerds cry foul but the teacher just nods and says oh thats ok - they don't mean any harm.

The game carries on for a bit but the bullies don't get the nerd game, keep trying to bring in the old rules - not remembering that the nerds had already walked away from the old rules to play their own game.

The nerds try to play nicely but dont get a lookin with the bullies, they eventually wander off, find another place to play, a grassy paddock, another ball and carry on. The grassy paddock is pretty good actually, heaps softer to fall on, makes the game even better. Heaps more people join in. People still come to the courts to find a game, but its not the one they heard about. Their ears pick up the happy noises over in the paddock where the 'real' game is being played and they wander over and start playing too.

The jocks don't get it ... they took the ball, got the court - why havn't the nerds just given up?

Koha bullying
Well this is not dissimilar to the situation the Koha community finds itself in with LibLime / PTFS.

The game was library management systems. Some of us couldn't play - couldn't afford the gear and didn't really like the game that much anyway. So we started a new game, Koha, and pretty soon heaps of people were playing it to. Soon the 'real' library management systems started noticing that people were moving over to Koha. Funding issues just made Koha seem even more attractive, and of course the game was one anyone could play and it evolved really fast because everyone has influence.

So LibLime PTFS grabbed a piece of Koha. They took the ball, the code, and played with it a while cutting out the orginal players by not pasing it back in the way of bug-fixes and enhancements. They got the court too, koha.org.

After a while, the koha community realised that it just wasn't getting a look in and decided to go get its own court to play on, koha-community.org and they have another ball, the code. Everyone is welcome to join in and the community is strong.

PTFS just dont get it.

They keep calling their forks Koha - but they are not. Its a different game. LEK and Harley are Koha forks because they were both built on the Koha open source code at some point in the past. They are not Koha now. PTFS have just released a new LibLime website where they still call their forks Koha and have invented a new logo for Koha. This is provocative, aggressive and just not on.

I was told off in Twitter today for swearing - and yes, sometimes I feel so angry and so helpless against such bullying that I do resort to swearing. I am so annoyed that our philosophically beautiful Koha is getting sullied through association with such ratbags as LibLime and PTFS who think nothing of lying in order to 'win' the game.

What is the game we are playing folks? What will a win look like to PTFS? Total domination of Koha by a single vendor? That will not be a win for anyone.