Arm wrestles assembly language guru's domains away citing trademark issues
- Reference: 1693483269
- News link: https://www.theregister.co.uk/2023/08/31/a_star_star_domains/
- Source link:
The Register offers that advice after Maria Markstedter – a noted author, assembly language expert, and security researcher who's written extensively about Arm at the websites she operates – [1]received a cease-and-desist demand from Arm's lawyers. Her offense? According to the letter she shared on Xitter, using the trademark "Arm" in the domain name arm-assembly.com that she used to promote a book she wrote about the ISA.
Strictly speaking, the letter went to the web host provider for her Arm-related websites, who passed them onto Markstedter to handle. The missive demanded that the website come down as it featured Arm's "Arm" trademark in the domain name.
[2]
"The website operated under the domain name arm-assembly.com ... is using Arm IPR in the domain name," the legal letter stated. "The domain name incorporates the famous Arm Ltd mark and suggests an association with the famous Arm Ltd brand and/or Arm Ltd sponsorship or endorsement of this website."
[3]
[4]
Yes, there is a need for trademark holders, like Arm, to [5]assert their ownership and rights and protect their marks. Still, the order came as quite a shock to Markstedter, given her close relationship with the design house stretches back six years.
"I first thought this must've been a misunderstanding given my previous relationship with Arm," she told The Register last night.
[6]
"I wrote my thesis about Arm security features and exploit mitigations for Arm's internal use, [have] given internal presentations, keynoted their conference, advocated for them, visited them at their HQ in Cambridge – all without compensation because I wanted this to be a mutually beneficial relationship instead of a gig."
Markstedter, who runs the Arm programming training'n'tutorial outfit Azeria Labs, therefore asked Arm what all the fuss was about – only to meet radio silence. Then, on Monday, blogs and websites owned and operated by Markstedter were taken down by her hosting provider after it received another cease and desist letter. These websites included:
arm-reversing.com
arm-exploitation.com
arm-basics.de
azeria-labs.com
Markstedter told us the sites offered educational resources, courses on reverse-engineering Arm code, and promotions for her latest book.
[7]Azeria-Labs.com was taken down despite not including "Arm" in its name – the cease and desist order Arm sent to Markstedter's hosting provider identified her sites by a single IP address they all shared, which led to the provider tearing down everything.
The labs dotcom, and its catalog of tutorials covering Arm assembly and exploit mitigation, is now back online.
[8]
"In order to get my site back ASAP, I yielded and transferred my domains to them, and Azeria Labs got unblocked," Markstedter told us.
[9]Arm reveals just how vulnerable it is to trade war with China
[10]Need a datacenter processor? Try our take-and-bake Neoverse N2 cores, says Arm
[11]It's official! Arm files for IPO on Nasdaq
[12]Up in arms! Arm kills off its anti-RISC-V smear site after own staff revolt
This resolution did involve transferring ownership of four of the domains containing the offending "Arm" trademark to Arm.
"At the very least, I expected a simple heads-up or direct contact from them acknowledging the unfortunate necessity of their actions and asking for input on possible resolutions," Markstedter said.
At the very least, I expected a simple heads-up or direct contact from them acknowledging the unfortunate necessity of their actions
"Yet I have only been contacted by their lawyers, and despite bringing this matter to their attention, I have yet to receive an official email from Arm attempting to address and resolve the issue or apologize."
In the wake of the takedown, Markstedter [13]registered leg-assembly.com to promote her book and plans to spin up additional body-part-related domains to provide additional resources on the Arm instruction set architectures.
"My disappointment with Arm's actions doesn't mean I've got any hard feelings towards the amazing folks working at Arm. They've been a huge support over the years, and I genuinely appreciate that," she emphasized. "The frustration is more about the decision-making from the higher-ups and legal teams that led to this domain issue."
Litigate or lose it
The Register asked Arm to comment on the cease-and-desist order, and its representatives told us it had nothing to say. Then as we were preparing to publish this article, the chip designer came back and reminded us its actions were necessary to protect its Arm brand.
"We value the contributions that our developer and researcher community make to the Arm ecosystem and are committed to continuing to work with them as collaboratively and constructively as possible," a spokesperson told The Register .
We recognize that this activity is sometimes met with frustration and are actively working to find a solution that works for all parties involved
"At the same time, we have a duty to protect the Arm brand, which has been built over more than 30 years. Like all companies with registered trademarks, Arm is legally obligated to ensure those trademarks are protected and used appropriately. We recognize that this activity is sometimes met with frustration and are actively working to find a solution that works for all parties involved."
However, Markstedter told us that, apart from Arm's legal team, she hasn't received a single email from the firm itself that discusses finding a mutual solution. Markstedter said she had suggested Arm could donate her book to universities and persons who couldn't afford them, but had yet to receive any feedback on the proposal.
Arm's rush to snatch up domain names is somewhat ironic, considering that in 2018 the biz [14]published a website at riscv-basics.com and used it to host content smearing rival RISC-V architecture and list multiple reasons why Arm's tech is superior. Arm pulled the dot-com after an internal revolt by its staff, and the domain has since lapsed into someone else's hands.
Arm's takedown comes just a week after the Neoverse designer officially [15]filed for an IPO on the US Nasdaq. In the filing, Arm disclosed numerous risk factors, including many related to its operations in China. However, we don't recall any mention of experts writing tutorials about its ISA as something Arm thinks investors need to worry about.
That said, it did warn: "We primarily rely on patent, copyright, trade secret and trademark laws, trade secret protection and contractual protections ... to protect our IP rights.
"The steps we take to protect our IP rights may be inadequate."
Some may well agree with that. ®
Get our [16]Tech Resources
[1] https://twitter.com/Fox0x01/status/1691774253014618222
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZPC5Iwr1ElK92yHRnUbr7QAAAI0&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
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[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZPC5Iwr1ElK92yHRnUbr7QAAAI0&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[5] https://www.justia.com/intellectual-property/trademarks/enforcement/
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZPC5Iwr1ElK92yHRnUbr7QAAAI0&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[7] https://azeria-labs.com/
[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZPC5Iwr1ElK92yHRnUbr7QAAAI0&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[9] https://www.theregister.com/2023/08/23/china_arm_tradewar/
[10] https://www.theregister.com/2023/08/29/arm_css_n2/
[11] https://www.theregister.com/2023/08/21/arm_ipo_official/
[12] https://www.theregister.com/2018/07/10/arm_riscv_website/
[13] https://twitter.com/Fox0x01/status/1696569707493552504
[14] https://www.theregister.com/2018/07/10/arm_riscv_website/
[15] https://www.theregister.com/2023/08/21/arm_ipo_official/
[16] https://whitepapers.theregister.com/
I'm sure this won't hurt ARM's public image one bit.
Nope, not at all.
Nothing to see here.
Move along please.
Yup, events like this make you realise just how far we've come from those early days when ARM was still just a TLA for something a bunch of Acorn engineers were playing around with and eager for the rest of the world to talk about, and not a global behemoth of a company in its own right that's now so overburdened with corporate crap it's all to easy to forget they do still do the odd bit of engineering every now and again...
Pre-IPO theatre
A company's actions are very limited during a pre-IPO phase, so Softbank suddenly enforcing trademarks is to show investors they are 'serious' about protecting their IP. Bullying an individual is a quick, easy win for them and gets them investor kudos.
Re: Pre-IPO theatre
Investor kudos, perhaps.
But the people who use the products will be thinking things best not mentioned here.
So, they want to monetised talking about the [redacted] architecture?
That's going to make the documentation awfully difficult to read. Perhaps El Reg should report it's news articles as [redacted] reveals just how vulnerable it is to trade war with China in future.
I think she should switch to writing about RISC V like much of the world will be. Obviously ARM are worried.
"given my previous relationship with Arm"
Oh honey, you had no relationship with Arm.
You had a relationship with people working at Arm.
Now you know what your relationship with Arm is : that which Arm lawyers accept.
And apparently, they don't accept nuthin'.
So maybe you should stop promoting the marvellous people at Arm, since Arm lawyers don't give a shit.
How does this even work?
It's a bloody word in our bloody language!
I can understand if the site had the ARM logo, bit the word "arm" in the domain name?
strongarm-tactics.co.uk ?
armedanddangerous.com ?
lawyers-are-not-armless.eu?
(needs a FFS icon)
Re: How does this even work?
defending-this-case-will-cost-you-an-arm-and-a-leg.com...
Re: How does this even work?
take-a-risc-and-disarm
Re: It's a bloody word in our bloody language!
But then Apple, Windows, lisp, basic, etc. also are.
I think the lawyers of the first two companies are very versed with taking down sites.
Re: It's a bloody word in our bloody language!
To be honest, there shpuld be a presumption in law that a holder of intellectual property has only one umbrella domain and all their stuff lives underneath.
Then, any appearance of their trademarks and shit in a different domain is clearly not a violation. It can't be passing off because it can't be official because it isn't in the right place.
As beneficial side-effects, there would be much less pressure for new TLDs and end-users would have an easier time figuring out whether a site like (say) windowscentral.com was a source of official Microsoft advice and tools, or not.
Re: How does this even work?
"StrongARM" is owned by Intel I think?
It was developed as a partnership between DEC and ARM, then sold to Intel just before the rest of DEC was sold to Compaq.
Henry VI, Part 2, Act IV, Scene 2
The first thing we do, let's kill all the lawyers.
The Register offers that advice
Always good advice to keep out of arm's way...
arm-assembly.com does not pretend to be by ARM
You can view the site by putting into your /etc/hosts
136.243.165.62 arm-assembly.com
It does not pretend to be ARM.
The closest that she comes is to say " Maria worked on exploit mitigation research alongside Arm in Cambridge" - note "alongside" which clearly shows that she is/was not an ARM person.
Arm-twisting?
I'm surprised you missed that...
What do you expect?
We all know what corporate lawyers are like. Most Big Tech entities are lawyer-led now. That's why they have to buy in innovation.
I keep seeing references in news articles to ARM being British. It's not. Not since it was flogged off to Softbank, who are Japanese. Get over it. It is no more British than most of our car companies are now. When you sell stuff, it isn't yours any more.
Re: What do you expect?
Arm was barely 40% British-owned when it went to SoftBank, however that's not too different to how it was constituted at inception.
The danger in being pedantic over what constitutes a "British company" is that you'll rule Arm out of ever being British at all as it was spun-out entirely with US capital (Apple) and US design tools (VLSI) based on a US idea (RISC) and a product from a then majority Italian-owned company (Acorn) originally inspired by the activity of US companies such as Western Design Center. The founding CEO and former chairman cut his teeth at Motorola, a US company, and it was he who made sure Arm was global from the outset; Sir Robin Saxby was a huge part of Arm's success but if you were to ask him I'm pretty sure he'd say Arm was both global and British.
Are books different?
Or can no one publish a book titled "Arm assembly programming", etc.?
Are people running training courses going to have to license the word "arm" for use in the material, or will a simple acknowledgment do?
Re: Are books different?
Or maybe "The Processor formerly known as the Acorn RISC Machine"...
Re: Are books different?
I seem to remember us having the same discussion a couple of months ago about a language named after an oxidised iron compound.
Oh, have Arm decided SCO's business model is the best way forward now?
Surely this is going to escalate?
https://www.arm.linux.org.uk springs to mind.
Re: Surely this is going to escalate?
That one would presumably be harder to wrestle away from the owner. You'd have to convince the .org.uk registrar that "linux" was improperly registered, since I'm pretty sure you'd have no luck with the person who created/registered the "arm" sub-domain.
Alternatively you could try to persuade a judge that it was passing off, but that seems equally unlikely to succeed.
Returning to the matter of arm-assembly, perhaps if that had been registered under .me (or a similarly non-corporate umbrella) we could argue that no rational observer would expect that to be owned by a corporate entity and so (again) it cannot be passing off.
Alternative body parts
Perhaps "finger" would be appropriate!
You missed one
Do they know their arm from their elbow?
"its actions were necessary to protect its Arm brand."
They may have confused their trademark with their brand. It's more likely to be damaging to the brand.
Re: The Processor formerly known as the Acorn RISC Machine
It looks like they have gone in the opposite direction to Ford Prefect's journey, and their revised view of Maria Markstedter's websites has gone from 'Mostly Harmless' to 'armless'.
Who ya gonna call ?
Mike Rowe.