Dell Tries To Trademark "Cloud Computing" 130
Ian Lamont writes "The Industry Standard reports that Dell is trying to trademark the term cloud computing . The phrase entered the tech lexicon years ago, but Dell's application (serial number 77139082) was made in early 2007 to the US Patent and Trademark Office, apparently in connection with data center products and services that it was promoting around that time. A quick search of Google News indicates that Dell itself did not use the term in press releases or discussions with indexed English-language media sources from 1996 to 2006. Dell is not the first company to attempt to trademark this term: The Standard notes that NetCentric, a company that provided 'carrier-class Internet fax technology,' also gave it a shot in the late 1990s, but was rejected."
New coin term: trademark troll (Score:5, Insightful)
And here I thought that only happened with patents.
Beating a dead horse but... (Score:2, Insightful)
When the f*** is someone going to take the initiative, like Al Gore did in creating the internet, to reform the U.S. patent protocol. If it is an algorithm, that is a legitimate patent. There are certain classes of patents, especially technology ones referring to a design methodology, that should not be patented.
All this is going to do is provide ammunition for frivolous lawsuits, and there are plenty of those already with ambulance chasers. Its just a sickening waste of public funds.
Re:Not only sneaky morals, but... (Score:1, Insightful)
No it's just greedy thinking.
Anytime you try to patent a technical term, you are just deluding yourself. The only reasons for doing so are gaining an edge an a pre-existent market.
I would think the only exception is where a technical term actually gets created out of word that is already trademarked. Like "Xeroxing a paper". That did use to be a technical term in the past. I am sure there are others.
The whole reason Dell wants this patent is so that when their competitors attempt to explain their own products in any marketing literature they have to refrain from using a well known technical term. I can even see sales people having to say, "No. It's like cloud computing" since they cannot actually say it is cloud computing.
Re:Where was this article in July? (Score:4, Insightful)
Too bad (Score:3, Insightful)
Maybe if Dell patented it we could go back to calling servers "servers."
I say let them have it... (Score:5, Insightful)
Re:Why not? (Score:5, Insightful)
Except that the "window" was a concept that was known to many OS's before Microsoft got ahold of it. Same case here with Cloud Computing. You should not be able to trademark a name of a generic concept or practice.
Re:Why not? (Score:3, Insightful)
Why not? So you can't call your operating system "Windows." You are perfectly free to refer to the square things in your OS as windows. And every GUI OS I know of does so.
It's a stupid name anyway.
Re:Not only sneaky morals, but... (Score:4, Insightful)
Uhhhh, I call bullshit on that. I grew up with people calling the act of copying a piece of paper "Xeroxing". Xerox made the first copy machines. It was obvious for people to use the name and create a new word. It IS a technical term. It describes an action that is specifically related to a specific action with a specific technology.
That is my whole point. They made the first copiers and the people responded by using the corporate name Xerox to describe that very act. It is just as valid as anything else. The longer people use it, the more valid it becomes in fact. Language is constantly evolving and they add new words all the time. It is not up to you or I to determine the validity of a term. The majority made it, therefore it exists.
Take it easy. I know what the difference is between copyright, trademarks, and patents. I misspoke. It happens.
Instead of poking fun at my mistake, why not address my argument directly? Dell attempting to get a trademark on a well defined technical term is not about protecting anything original to them. It's dirty and will most likely fail. I was pointing out that it is motivated by greed and an attempt to secure an unfair and undeserved advantage over their competitors.
It would be like Pepsi or Coke trying to trademark "soda". It can't be done, shouldn't be tried, and is pretty silly to anyone considering it. So is cloud computing and Dell.
Re:Not only sneaky morals, but... (Score:3, Insightful)
I think it's clear that I do know what I am talking about. Once again, you use a distasteful tactic to make a point. You have yet to make any productive comment about Dell's attempt to trademark a well known term, yet still persist in attacking me personally over a disagreement about whether or not a term exists in one of my examples.
Kind of pointless. Whether you acknowledge it or not, "Xeroxing" is part of our language. You can rant against that all you want. Apparently, instead of discussing it rationally, you just want to lobby personal attacks.
Bravo.