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Because they didn't have to pay him $30k. They had a registered trademark and a right to use the name. And in the end, they didn’t have to spend nearly that amount. All they had to do was send a few emails to the npm maintainers.

I’d say they made a logical decision.




The right to use that name in a certain context. Kik was a dick. 30k is a lot, but lawyers would’ve cost way more than that


An initial consult is often free, and even a $500 consult would have been worth every penny because the lawyer would have (correctly) told him to back off and let them have the name.

In any event, escalating - even when you think the other party is being a dick - is never the right answer.


An initial consult is often free

If you're hiring a lawyer off a television commercial in order to make a quick buck off of a fender bender. Corporate law is different.


When I was sued I was able to get an hour with many of the initial attorneys I called. The biggest challenge in most cases was ensuring there were no conflicts.

And as an attorney, if I go back into practice someday, of course I’ll do the same.


I have a hard time seeing your position here. Because of their actions they broke their own build and made a lot of folks in the open source community upset. Was it even worth it to waste the time fixing their broken build? To investigate the failure and replace a dependency of a dependency? To lose credibility in the community they've evidently just decided to become involved with? I really don't see how that's not worth 30 grand. They have a right to use their name but they don't have the right to use someone else's work.


It is a principle of American and English law that the person who uses someone else’s property unlawfully is responsible for the foreseeable injuries caused to others by its use - not the lawful owner of the property.


You are being downvoted because you fundamentally misunderstand and mischaracterise the situation you are referring to.


I am referring to naming an npm module “Kik” that has nothing to do with the service of the same name. What do I misunderstand?




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