back to article Arm's lawyers want to check assembly expert's book for trademark missteps

Reverse-engineering expert Maria Markstedter, whose domain names were wrestled from her by Arm the other week for trademark reasons, has said the British processor design biz's lawyers are now reviewing her Arm assembly language book for any trademark violations – and may make her issue a reprint. At the end of August, …

  1. A Non e-mouse Silver badge
    Flame

    There's protecting your intellectual property and there's just being an old school dick-head. I don't think it takes much to work out which one that Cambridge company are.

    1. snowpages

      I suspect that htese decisions are being made nowhere near the Cambridge HQ of this Japanese-owned company..

      1. Dan 55 Silver badge

        It does seem they've started being about as dickish as Nintendo can be.

      2. pimppetgaeghsr

        No decisions are these days. All the management has been consolidated on the US side and live in their own San Jose bubble. VP levels and up are all sqeaky clean MBAs these days without a clue about technology but fully brimmed with buzzwords. There's a running joke/competition in the Cambridge office to make up buzzwords and terms in meetings and see how far they travel into the upper layers of management.

  2. Mishak Silver badge

    Is this not "nominative fair use"?

    I am not a trademark expert and haven't seen the book, but aren't the references within it going to be covered by "nominative fair use*"?

    If so, I really don't get what they are trying to do+, especially if the trademark is acknowledged in the front-matter.

    * where the trademark is used to identify "the product" - in this case "arm assembler".

    + I mustn't forget that lawyers are involved, which introduces a reality distortion field.

    1. Neil Barnes Silver badge

      Re: Is this not "nominative fair use"?

      Like you, I have not read the book in question - but pretty much any technical book I have read in the last fifty years includes phrasing early in the introduction or colophon similar to 'trademarks are the property of their respective owners'.

      Yes, a company has to defend its trademarks and branding, but when you're defending, better I think that the guns should be pointing outwards and not at your own feet...

    2. boblongii

      Re: Is this not "nominative fair use"?

      Copyright law:

      1 Do you have more money than the person suing you?

      2a If yes, you're good.

      2b If not, you lose.

      3 Get on with your life.

      No need to get the courts involved.

      1. captain veg Silver badge

        Re: Is this not "nominative fair use"?

        Trademark != Copyright.

        -A.

    3. Anonymous Coward
      Anonymous Coward

      Re: Is this not "nominative fair use"?

      If taken to court, the author would very likely win the case - but lose an enormous amount of money in the defense.

      Maybe a better move would be to comply with the trademark changes, but insert a new Chapter 1: Consider Using a Different Platform, As These Folks Will Sue You.

  3. Anonymous Coward
    Anonymous Coward

    Disrepute

    At what point can a small Arm shareholder start sending letters to the CEO complaining that these actions by their employees are causing damage to Arm's reputation?

    1. Dave@Home

      Re: Disrepute

      After the IPO I would guess?

    2. Doctor Syntax Silver badge
      Coat

      Re: Disrepute

      "can a small Arm shareholder start sending letters to the CEO"

      A small Arm shareholder should be firing letters at him.

      OK, OK

      1. captain veg Silver badge

        Re: Disrepute

        I suppose it depends on whether they can reach the letterbox slot.

        -A.

  4. Will Godfrey Silver badge
    Unhappy

    Sad

    This certainly isn't the Acorn Risc Machines company that I remember with the new, exciting Acorn Archimedes.

    What a terrible descent this has been from a well respected platform to a filthy gouging monster this has become.

    1. Abominator

      Re: Sad

      They are dead long term. Give it 10 years, RISC V is going to be all over them.

      1. ChrisC Silver badge

        Re: Sad

        Make it 20 years, then I'll be comfortably retired and no longer caring as to which type of core sits at the heart of any of the microcontrollers on the market at that point. Until then, I'd very much like for those cores to continue being based around the technology developed by the company easily confused for an upper body appendage, because whatever we might thing about the company at a corporate level, their engineering is still pretty damned good, and I do rather enjoy working with the fruits of their labours...

      2. Tom66

        Re: Sad

        I seriously do hope that RISC-V kills off Arm. There's protecting your property, and then there's what Arm are doing, being absolute dicks about the whole process. We need a good open hardware/open source ISA because Arm have shown themselves to be complete twonks.

  5. Pascal Monett Silver badge
    Mushroom

    Arm is a trademark of Arm

    If it were me, and my life of support and faithfulness was being upended like that, I would start every public speaker event by saying something along the line of :

    "Let me be perfectly clear : we are talking about Arm, which is a trademark of Arm, not Leg. And it's those fuckers over there that are watching me right now, that want me to say that Arm is a trademark of those fuckers. Just to be clear. Thank you."

  6. newspuppy

    They missed one...

    They should go after the people with this domain...

    obviously cybersquatting: https://www.armandhammer.com/

    and let us not forget the (not leggy people.. but) army.com

    probably don't want to go to war with the latter......

    Way to really piss off the community... Which legal clown overruled the marketing people?

  7. CoolKoon

    Simply pathetic

    This truly adds insult to injury. It also makes me wonder: how will ARM minions go to universities giving presentations and trying to coerce people to join their ranks now? I mean they should really expect an influx of nasty remarks and questions everywhere, at least that's what I'd do.

  8. elsergiovolador Silver badge

    Harm

    Just rename arm to harm.

    But probably will cost an arm and leg.

    Going bit on a limb here...

  9. abend0c4 Silver badge

    An assembly language expert

    Having spent a chunk of my career writing raw machine code as well as various assembly languages, the only saving grace is that nothing Arm may throw at her can be as painful.

    1. J.G.Harston Silver badge

      Re: An assembly language expert

      After getting up to my elbows in the abohorence of the structure of the ARM64 binary ISA compared to the 32-bit ISA, Arm seem to be determined to self-destruct. They seem to have dug out an 1990s i86 opcode manual and thought "hold my beer".

      Edit: On a spur, I dug into my ARM64 ISA docs that I was thrashing through when coding up an ARM64 assembler. 204 PAGES! WTF? How on earth can an ISA binary encoding description be 204 pages of 1192 individual instructions? ARM32 fitted on a single page of A5. Another reference squashed it down to 58 pages, but FIFTY-EIGHT PAGES??!!!??

  10. ChoHag Silver badge

    > A lack of communication with Arm about the issue has been a point of frustration for the author throughout the whole process.

    And yet you still folded like a wet tissue. What did they do if they didn't say anything? Look mean?

    1. Richard 12 Silver badge

      Instead of talking, they sicced their attack lawyers on her.

      Defending against a mob of attack lawyers is expensive, even if you have a cast-iron case and win immediately.

      I doubt she has that kind of money behind the sofa.

    2. IGotOut Silver badge

      So what would do?

      A multi-billion Dollar lawyers say remove or we'll sue, effectively bankrupting you. They then just put up a wall of silence.

      Do you

      a) fold like you said

      b) pay more than you earn in a lifetime to fight the case?

      Easy to spout your mouth off until it happens to you.

    3. John Riddoch

      That misrepresents what happened. Arm didn't go after Markstedter directly, they went for the hosting company (see previous article). Said web hosting company folded under the legal letters and took down ALL her sites including ones not affected by the trademarks so she had to cede control of the ones Arm deemed to be violating their trademarks to get anything back at all.

      The lack of any meaningful response from Arm is pretty appalling to be honest and very poor PR for them.

      1. pimppetgaeghsr

        This isn't the company it was 20 years ago. It's not a gang of working friends in a rented barn in Cambridge. It's been filled with useless MBAs that couldn't get into FAANG and prostituted to the PE industry many times and has no resemblence of the innovative tech company it once was. Lawsuits, like I predicted a few years ago to negative reaction on this site are one of a few pathsconsidered as a viable way forward for the company to grow, including going full architectural license too. If you think these lawyers aren't going to start going after RISC-V in the same way if they sense their cease and desists will land anywhere near the mark you are mistaken. When you have a group of hobbyists that don't know the ins and outs of trademarks you are in for trouble.

        When I saw anti-trust lawyers being hired faster than architects and engineers I knew the writing was on the wall. But maybe riscv-basics did that, I can't remember.

    4. doublelayer Silver badge

      "What did they do if they didn't say anything? Look mean?"

      Send threats to her web host until all her sites, not just the ones they were complaining about, were taken offline. That would get my attention pretty quickly too, and depending on how much I wanted to try the gambling in the courtroom game, I might decide to let them have what they want in order to get my sites up. It all depends how important those sites are to me and whether I think they're vindictive enough to go after them even if I segment them. I'd be tempted to try a stronger response to them, but I've never had to do so before and it's easier when I imagine the scathing legal (sort of, I'm not a lawyer) letter I could write than when I'm actually facing a large department of people who really do have law degrees.

      Next time, read the articles, then you'd know what they did.

    5. Kane
      Facepalm

      "And yet you still folded like a wet tissue. What did they do if they didn't say anything? Look mean?"

      Just like Arm, you are a suitcase of cockerels.

  11. Howard Sway Silver badge

    lawyers are now reviewing her book for any trademark violations

    For goodness sake, it was a book that would encourage more people to use their product. Which would make them more money.

    Did they ever notice that the publishers that clog up the computing sections of bookshops with "How to get the best out of Windows / MacOS / Android / etc" books haven't been sued by the massive tech companies that own those trademarks? Or wonder why?

    1. Yet Another Anonymous coward Silver badge

      Re: lawyers are now reviewing her book for any trademark violations

      They didn't point out security flaws, she had a site called a*m-exploits.com

      I'm assuming we now have to do the observant Jewish thing of referring only to 'the name' or 'the processor that is called processor'

  12. Tron Silver badge

    Time to walk away.

    This is not the original, British ARM any more. This is the new SoftBank-owned Japanese ARM. It appears to be lawyer-led. Time to walk away and find some friendlier territory.

    For all its faults, we have an open source OS and software. Open source hardware would be good.

    1. Victor Ludorum

      Re: Time to walk away.

      Open source hardware would be good.

      Would that be the hardware that a certain company dissed using riscv-basics.com?

      V.

      1. Tom66

        Re: Time to walk away.

        Hmm... That's gone now - but interestingly so is the "archive.org" copy of that. I wonder if Arm threatened IA as well.

    2. Tom66

      Re: Time to walk away.

      [deleted, wrong thread]

  13. Martin an gof Silver badge

    What would Sophie Say?

    Or Steve, or Hermann, or Chris?

    M.

    1. pimppetgaeghsr

      Re: What would Sophie Say?

      Hermann doesn't leave much up to the imagination and the other founders are nowhere to be found in ARM, either in person, or in any other capacity. They have been erased from everything but the wikipedia page.

  14. Anonymous Coward
    Anonymous Coward

    I predict in 10 years time, people will go

    ARM who ?

    These tactics are a clear signal there is something very very very amiss at this company. (We've all see "Succession").

    I bet they've also hired a fucktonne of consultants about their "brand image"

  15. Abominator

    ARM are wankers

    The book is possibly the best on assembly for any CPU I have seen. A really good read. Not often you can say that about assembly books and I have read a lot.

    To be so heavy handed like this to someone who has engaged with them and helps people get the best out of their product shows what morons they are now running ARM.

    1. Roger Greenwood

      Re: ARM are wankers

      I hope you are correct in your review as I have just ordered a copy. After all it will shortly be a collectors item.... :-)

  16. Merrill

    $64 billion for a company with about 6000 employees?

    The grow the business phase is over.

    Expect them to extract the maximum in royalties going forward.

  17. tracker1

    Risc-V where available

    Time to start pushing for more Risc-V solutions where available.

  18. hammarbtyp

    Streisand effect

    While unnecessary and painful, (and yes ARM are being dicks here), it has to be said it's pretty good publicity for both the sites and the book...

  19. iron

    Scrap the book

    Markstedter shouldn't bother with a reprint, she should scrap the Arm book and write a new one about RISC-V.

    That would teach Arm not to fuck with the people who actually sell their product by educating others how to use it.

    1. Fido

      Re: Scrap the book

      I think a similar book written by the same author about RISC-V would be appropriate whether or not this takedown from Softbank ever happened.

      In particular, RISC-V does not require any malice towards ARM to succeed. Since Linux, GCC and LLVM have reached the level where ARM is practical in the data center, so RISC-V and even Loongson are equally practical.

      In the end it's about who has the better and faster hardware. ARM is causing trouble for companies with architectural licenses to innovate, see the Qualcomm Nuvia lawsuit, while RISC-V is so easy no license is required.

  20. Ian Mason
    FAIL

    ARM: pay attention

    People don't like bullies. If you want to see yourself lose market share to RISC V, just carry on the thuggish behaviour.

    People don't forget, and perhaps even now there are embedded engineers the world around going "You know, I've been meaning to have a play with RISC V and if ARM are going to run around being arseholes perhaps now's the time to do it. If they can be this stupid in how they treat people who are trying to help them by educating about their architecture, what other boneheaded mistakes are they going to make once the IPO really goes to their heads?".

  21. herberts ghost

    Perhaps ARM should go after the NRA and the US Constitution

    After all the terms "keep and bear arms", firearm, freedom of assembly ...

  22. disgruntled yank

    expressions

    Is the expression "short arm inspection" current in the UK or is it purely an Americanism? The author could announce that the next edition is being held pending a short ARM inspection.

  23. ocelot

    At one stage we had a round the beers discussion , and decided that we should create an architecture called "two-fingers" which could run ARM or MIPS assembly code.

    It didnt survive the night.

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