I was sent a C&D by comma.ai for “Trademark Infringement” on an open sourced repo.
“My firm is outside legal counsel for comma.ai (“Comma”). We are writing on behalf of Comma
to request that you immediately cease and desist from engaging in certain activities as further
described below.
In particular, we understand you are a user of Comma’s openpilot software (“openpilot”). We
further understand you have modified the software and are “spoofing” the speed of your vehicle
in order to manipulate the steering, while also discussing your modifications with other members
of the public and potentially offering to sell related services. (See attached Exhibit 1 and the
video at https://streamable.com/wz17vr.)
Representatives of Comma have previously explained to you, and the public, that your activities
in this regard are unsafe, dangerous, unauthorized, not recommended, and specifically
discouraged. (See https://medium.com/@comma_ai/safer-control-of-steering-362f3526c9ab) In addition, Comma’s Terms of Service specifically provide,
among other things, the following:
• “Access to and use of openpilot is at your own risk and responsibility, and openpilot
should be accessed and/or used only when you can do so safely.”
• “To the maximum extent allowable by law, you agree to defend, indemnify and hold
harmless comma, and its employees, partners, suppliers, contractors, investors, agents,
officers, directors, and affiliates, from and against any and all claims, damages, causes
of action, penalties, interest, demands, obligations, losses, liabilities, costs or debt,
additional taxes, and expenses (including but not limited to attorneys’ fees), resulting
from or arising out of (i) your use and access of, or inability to use or access, openpilot,
(ii) your breach of these Terms, (iii) the inaccuracy of any information, representation or
warranty made by you, (iv) activities of anyone other than you in connection with
openpilot conducted through your comma device or account, (v) any other of your
activities under or in connection with these Terms or openpilot.”
• “To the extent permitted by law, comma does not warrant the operation, performance, or
availability of openpilot under all conditions.”
• “By providing openpilot, comma does not transfer or license its intellectual property or
grant rights in its brand names . . .”
• “In no event shall comma, nor its directors, employees, partners, agents, suppliers, or
affiliates, be liable if you choose to modify the software.”
Comma recommends and requests in the strongest possible terms that you stop using openpilot
in the unsafe manner described above, and also stop sharing and otherwise promoting your
unsafe practices. Should any harm come to anyone or anything on account of your actions,
Comma will pursue all available remedies against you. Furthermore, you have no right to use
Comma’s name, or the name of its products or services, in connection with your unauthorized
activities, including your promotion of any products, services, or unauthorized uses of openpilot,
and Comma demands that you cease and desist from doing so. Comma and openpilot are
trademarked and you do not have Comma’s permission to use those terms.”
I removed the offending trademarks from my repo.
I love how its a thinly veiled threat to stop using their code. The only thing they can do is trademark infringement, which has already been rectified.
github is roxasthenobody98/phoenixpilot
