[Gta04-owner] Almost bought a spyPhone?
Dr. H. Nikolaus Schaller
hns at goldelico.com
Wed Apr 10 14:15:00 CEST 2013
Am 10.04.2013 um 13:50 schrieb mx4812 at arcor.de:
>> Note that web pages rareley become popular by new content
>> but by the links directing to a web page.
>> This means that this information must be placed and
>> distributed *outside* of the gta04 page.
> Yes, on the outside and and yet on the inside, it is basic to also
> give that information to already interested visitors,
> so they can be multiplicators.
After thinking a little about your text proposal, I am cautious
about writing the claim "spyPhone" on the gta04.org page.
Since the project can be seen as a commercial thing (...it must
be backed by some company...), such a static text on the official
page can be seen as advertizing which must follow certain rules
(comparative advertizing ).
So a claim against competitors (e.g. Google) must be specific and
objectively proven. I.e. we can not simply claim something and say
we are better.
I.e. can we really prove that others (e.g. the Nexus) are really
spying anything by using binary blobs or GPS? Or is this a pure
assumption because we can think that it could be done because of
certain properties of the hardware?
For an external (journalistic) publication there may be different rules.
I think it is possible to state such opinions and assumptions (as well
as here in these discussions).
What we could try to do is to formulate it in a positive way without
referring to anybody else:
* separate GPS receiver with connection to the radio network only if enabled by software (which is 100% under user's control)
just my 5ct,
e.g. "Although comparative advertising is encouraged, NAD has stated “claims that expressly or implicitly disparage a competing product should be held to the highest level of scrutiny in order to ensure that they are truthful, accurate, and narrowly drawn.” Another major law is the Trademark Lanham Act, which states that one could incur liability when the message of the comparative advertisement is untrue or uncertain, but has the intention to deceive consumers through the implied message conveyed.
"... Ansprüche auf Unterlassung und Schadenersatz, wenn sie ... nicht objektiv auf eine oder mehrere wesentliche, relevante, nachprüfbare und typische Eigenschaften oder den Preis dieser Waren oder Dienstleistungen bezogen ist"
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