Theo's .COM

The name "theos.com" was originally a pun on the phrase "Theo's .COM", or "The OS" (since I am a software developer), or "Theo's not calm" or other similar jokes. Increasingly, the hosts in that domain have become more of an integral part of the OPENBSD project infrastructure.

Theo de Raadt is the founder of the OpenBSD project -- a FREE, SECURE, BSD-style Unix operating system!

Since 1994, Theo has been working out of his own pocket on improving free software. (Which is why Theo's .COM is still mostly located behind an ISDN line). For more information on me, see my personal web page.

OpenBSD is currently being maintained and improved by 50 or more developers around the world. OpenBSD is being used as firewall software, web servers, and client machines by thousands of people around the world, in corporate and personal environments. Even the United States Department of Justice Department has OpenBSD in use. And even better, it's free. If anything, Theo's .COM does not compete with Theos Software (we just sell t-shirts).

Update: A letter is being sent to NSI (via Fedex) to cancel the dispute. When a copy of the letter reaches me (via Fedex), I will post a copy of that letter so that people can see the latest action. That letter should arrive sometime Friday...

Update: The domain dispute cancellation letter has arrived via Fedex. It is appended below.

The theos.com domain was allocated by Theo de Raadt on 20-Jan-95.
The theos-software.com domain was allocated by Theos Software Corporation on 12-Oct-95.

Now, more than 3 years later, Theos Software has hired a lawyer and think they can wrest control of this domain from me. Trademark or not, there was no contest for 3 years. In fact, rather than contesting the theos.com domainname in 1995, they chose instead to allocate theos-software.com. Now, hiring a laywer, what do they think they are doing? I've heard nothing from them before, not even seen mail bounces regarding users who do not exist in this domain, I wasn't even aware of their existance till the middle of 1997, and now they suddenly they get a lawyer involved?

Before the lawyer representing Theos Software contacted me, this web page was EMPTY. Everything it contains now has been added due to that action.

Now the Theos Software Corporate clients can see how they do business. I mean, the CEO who started this action, Tim Williams (phone 925-935-1118 ext 214), never even phoned me! At the moment, I am not even getting return phone calls. Now their lawyer is trying to get me to sign all sorts of legal documents, waste my time, and they aren't even civil enough to just phone me and TALK TO ME AS A PERSON!

The pressure from the lawyers (Michael Dalton Donahue, Gallagher, Woods and Wood, LLP, phone number 510-451-0544) representing Theos Software continues. They're now threatening to take me to court, and are sending letters to NSI about this issue.

Thus far they have offered me about $35 USD for the domain.

Theos Software customers -- should you be buying software from a company that moves straight to threatening behaviour like talking about courts, instead of starting in a civil manner by giving me a phone call?

If you really want an operating system maintained by people who don't hire lawyers, you can look at OpenBSD, a free operating system developed, improved, and used by me and thousands of people on the internet, designed specifically for security. What's going on here... is Theos Software upset that Theo's .COM happens to be owned by the main developer of a competing (but free, free competition, what a concept) product?

Tim, Michael, you know my phone number. In the meantime, my suggestion is that people mail Tim Williams and let him know how they feel.

Two letters follow. The first is the email from the lawyer, the second is the actual physical letter received via Fedex a few days ago.

Date: Fri, 20 Nov 1998 12:48:30 -0500
From: Michael Dalton 
Sender: Michael Dalton 
Organization: DONAHUE GALLAGHER
To: deraadt@theos.com
Subject: Domain Name
Importance: Normal
X-SMF-Hop-Count: 2
MIME-Version: 1.0
Content-type: text/plain; charset="US-ASCII"
Content-transfer-encoding: 7bit
X-Mailer: Connect2-SMTP 4.32 MHS/SMF to SMTP Gateway

Dear Mr. de Raadt,

        I am writing to you on behalf of my client THEOS Software Corporation,
of Walnut Creek, California, the owner of trademark registrations for
THEOS in the United States and in a number of other countries.

        Your domain name, theos.com, has come to the attention of my client.   I
have every reason to believe that your selection of the "theos.com"
domain name was a  consequence of your first name, and not of any desire
to create a likelihood of confusion with my client's valuable trademark.
Thus, while the domain name dispute policy of Network Solutions would
allow us to challenge your use of the "theos.com" name, my client would
prefer to come to an amicable arrangement with you.  Our proposal is that
if you transfer your domain name to my client, it would reimburse you for
the cost of registering any new domain name that does not contain
"theos", as well as for any costs associated with that transfer.  We
would also of course prepare and provide you with the necessary
paperwork.   My client would also to agree to forward to you any
electronic mail that it receives after the transfer that was intended for
you.

        I hope that you will find this to be a reasonable and acceptable
proposal.   Please feel free to call me if you wish to discuss.  I can be
reached by phone at 510)451-0544 or by email at michaeld@donahue.com.   I
look forward to hearing from you.

Michael Dalton

		DONAHUE, GALLAGHER, WOODS & WOOD, LLP

			300 LAKESIDE DRIVE
			SUITE 1900
			OAKLAND, CALIFORNIA 94612-3570

			MAILING ADDRESS:
			P.O. BOX 12979
			OAKLAND, CALIFORNIA 94064-2979



		March 19, 1999


VIA Federal Express

Mr. Theo de Raadt
1933 6th Street, S.E.
Calgary, Alberta   T2G 2Y3
Canada

	Re: Domain Name "theos.com"

Dear Mr. de Raadt:

	As you know, this firm represents THEOS Software Corporation
in this matter.  THEOS Software Corporation is the owener of trademark
registrations for the mark THEOS or THEOS and design in a number of
countries, including registration no. 1,457,274 in the United States;
registration no. 433,535 in Canada; registration no. 93,455,679 in
France; registration no. 1,156,352 in the United Kingdom.  A photocopy
of the Canadian registration certificate for the THEOS mark, issued in
1994, is enclosed.  As that registration indicates, my client has been
using the mark THEOS for computer software and hardware products since
at least as early as 1985.

	I previously made a courteous inquiry on behalf of my client,
asking whether you might be willing to consider transferring the
"theos.com" domain name to my client.  In response to that inquiry,
you posted my letter, without my permission, on your web site in an
effort, as you put it, to show the customers of THEOS Software
Corporation "what type of company they are."

	We believe that your use of the "theos.com" domain name, which
is without the permission or approval of THEOS Software Corporation,
will create a likelihood of confusion with my client's THEOS mark.
The fact that you believe the customers of THEOS Software Corporation
will visit your website is an indication that your use and
registration of the domain name is a violation of my client's
trademark rights.  Therefore, on behalf of THEOS Software Corporation,
I once again request that you promptly either transfer such domain
name to my client or cancel the domain name registration with Network
Solutions, Inc, ("NSI").

	If you agree to transfer the domain name registration to my
client and to select another domain name aggreable to it, my client
remains willing to reimburse you for the cost of registering such
domain name, provided it does not include the term "Theos."

Please indicate your willingness to comply with this request by
signing the copy of this letter enclosed with the original and
returning it to me in the enclosed envolope by April 5, 1999, along
with either a copy of your correspondence to NSI withdrawing your
domain name registeration or a completed Registrant Name Change
Agreement transferring the "theos.com" domain name to my client.

	Very truly yours,

	(signed)

	Michael J. Dalton

MJD/dg
Enclosures:
cc:   Network Solutions, Inc.  (w/encls.)


AGREED TO THIS ________ DAY OF
_____________, 1999:


________________
Theo de Raadt

To summarize, this is what happened over the last 24 hours. Most of this happened while I was downtown bemoaning a lawyer-infested world over a beer with a friend.

• I slept very badly for about four days. This really upset me.
• Someone posted an article about the dispute to slashdot.org
• People started sending complaint mail to Tim and Michael. In all, they must have received at least a thousand email complaints. I received about 300 copies of mail sent to these people. I am uniformly impressed with the quality of mail these people received -- very well argued and level headed statements. Some mails were from CEO's of 500 employee companies. Reporters mailed them. System administrators from large companies. Decision makers at companies who use their software mailed they, stating that the outcome of this was going to be a key to them buying more systems from Theos Software.
• The theos-software.com web server crashed.
• The theos-software.com mail server crashed. This appears to be completely due to load.
• Their voice mail system fell down under the load.
• Similar problems were seen at the law firm.
• Michael said he received threats. There are always a few bad eggs. However, I was not shown the actual content of the threats. One must admit there are going to be people who have been involved in some previous really nasty domain disputes, brought on by lawyers, so I am not surprised to see a backlash against the shar... err.. lawyers.
• The dispute is over, but their web server is still down. I urge people to not attack theos-software.com -- the problem is over.
• By keeping this page small and simple, my 128Kbit ISDN line was able to serve requests without any undue problems. Development continued.
• I have been given NO EVIDENCE that they were attacked. It is quite possible that their (largely NT-based) network fell down under the load of people mailing to the CEO and attempting to read their web page.

• NOTE: For a number of reasons, it is quite likely that they would not have succeeded in any case, due to flaws in their trademark (possible abandonment, tardiness of attack, use outside of field, US trademark that includes a design/picture, etc). In fact, they could have lost their trademark if this had gone to court, due to abandonment.

Basically, I believe that we have entered a brave new representative age where people who choose to be vocal can finally contact people who are doing `bad things', and get their message to the right place. Remember this in the future -- most corporations who you may want to complain to do not have server capacity to handle the complaints from a mob of angry people.

		DONAHUE, GALLAGHER, WOODS & WOOD, LLP

			300 LAKESIDE DRIVE
			SUITE 1900
			OAKLAND, CALIFORNIA 94612-3570

			MAILING ADDRESS:
			P.O. BOX 12979
			OAKLAND, CALIFORNIA 94064-2979



		March 25, 1999


VIA Federal Express

Mr. David M. Graves
Network Solutions, Inc.
505 Huntmar Park Drive
Herndon, Virginia 22070

	Ree:  Domain Name Dispute - "theos.com"

Dear Mr. Graves:

	This firm represents THEOS Software Corporation.  The dispute between
THEOS Software Corporation and Mr. Theo de Raadt concerning the "theos.com"
domain name has been resolved, and THEOS Software will not be making any further
claim against Mr. de Raadt at this time or in the future under your company's
domain name dispute resolution policy.

			Very truly yours,

			(signed)

			Michael J. Dalton


MJD/dg
cc: Theo de Raadt (via FedEx)

I have learned a lot about trademarks and such, and people with similar myname.com domain disputes can contact me for help. Things to look for are:

• Do they own the trademark in the US (there is a US gov site that lets you look this up.
• Is there a trademark in your country? Who owns it?
• What fields are the trademarks in?
• Do you operate in the same field (theos.com operated in no field, and theos-software.com sells hardware and software).
• Does the US trademark include a "image" or is it just the word?
• Did you register before them?
• Did they register an alternative domain, before or after your registration, and not contact you at the time they registered?
• Did they not contact you for two or more years?

• Some of these points serve to decide if they have "abandoned" the trademark by not sufficiently defending it.
• Other points decide if you are perhaps grandfathered in
• Other points decide what the relevance and scope of their trademark is.

Thank you, Internet.