Imaginary Code, Imaginary Lawsuit?

Today I learned my imaginary JS framework, ‘Awesoftjs’, licensed under MIT could potentially be the subject of an imaginary lawsuit against Microsoft for SaaS use.

It really blew up this year and is now ahead of react, vue, angular and svelte in stackoverflow’s ‘most popular’ JS frameworks list.

So I had enough and I decided I want to stop Microsoft from making money from my code, I reckon I could possibly take legal action based on:

  1. The Lanham Act, which covers confusion or dilution of my software companies name - which (you guessed it) is called Awesoft LLP and uses the same, super-cute and well recognized logo of what… er… I dunno a bear on a surfboard.
  2. False Endorsement, where use of Awesoft.js name and other elements within the SaaS signup pages implies that Awesoft LLP supports Azure or Microsoft, (because it does… financially!)

AFAIK, as Awesoftjs is totally tied to the service provided for millions of websites and apps, people just wouldn’t have signed up to Azure if they could not use Awesoft, so I therefore can object to the use of the code as a service.

So, how come none of the SSPL/AGPL 10X lawyering and so on didn’t press this angle further, before going down the IP relicensing route I wonder?

You mentioned the Lanham Act. I do not think it means what you think it means.

Well, I dunno… I got the shape of that argument from a licensing rights organization… what I would say though it seems MUCH more relevant to think about what Lanham can do, rather than what it means to us? It means very little to me, but it’s been instrumental in a lot of pushback from artists that want to prevent certain uses… and if it works for art, I am thinking it must also work for software… hence my surprise that the argument doesn’t seem to have been developed in any known cases where devs want to stop Saas use… one exemplary case is maybe the elastic search thing? Although having said that… if all it takes is a rebrand of the source code then that might not be enough for devs, but it’s effect isn’t trivial in terms of influence… on some visceral level people still like ‘original’ products and not rip offs… so it still seems to be an under utilized strategy IMO.