Linux Trademark Fun Continues 337
Orre noted an article running on internetnews about LMI's efforts to
license the Linux trademark to companies that use it. Prices range from $200 to $5k for companies with over a million bucks in revenue.
Why charge for it? (Score:4, Interesting)
Re:Why charge for it? (Score:4, Informative)
Re:Why charge for it? (Score:5, Insightful)
Re:Why charge for it? (Score:5, Insightful)
I don't have a problem with companies earning money with Linux based products to have to pay for using the trademark. But non-profit uses should be cost-free.
Re:Why charge for it? (Score:2, Insightful)
Re:Why charge for it? (Score:5, Informative)
Non-profit also means that you spend as much as you get.
But for correction please read Linus mail to lkml list, it provides lot of details and destroys this oversensational post and articles which caused that.
It is simple - if you are non-profit and want to call your product 'My Linux Babe', you can do it - just you won't get ANY protection when someone also takes this title. BUT if you are sublicenser of trademark "Linux", then your title is also protected.
It is clear I guess as that.
Re:Why charge for it? (Score:4, Interesting)
It's not quite as simple. From Linus' mail:
Or, if the name ends up showing up in a trademark search that LMI needs to do every once in a while just to protect the trademark (another legal requirement for trademarks), LMI itself might have to send you a cease-and-desist-or-sublicense it letter.
Which means, that you are practically guaranteed to get a C&D letter from LMI sooner or later, even if you chose a name which isn't likely to be used by anyone else. Which in turn means that you are effectively forced to license the name.
BTW, I don't see how this legal requirement to enforce the trademark should suddenly disappear if it's in combination with another trademark. "Microsoft Linux" would still infringe on the trademark rights even though "Microsoft" is a trademarked name in itself. Therefore "Red Hat Enterprise Linux" should be an infringment either, despite "Red Hat" being a trademark in itself, and therefore the legal requirement of enforcement should hold there either.
IANAL, however.
Re:Why charge for it? (Score:2)
Gosh. I thought I could be wrong, but as it seems to me you didn't even read what you posted. It says that if you have trademark with Linux in the name with it, you have to pay - it is trademark enforecement, it is simple as that.
Re:Why charge for it? (Score:2)
<sarcasm>Sure, that's probably why it was in a section speaking about what may happen to you if you don't register.</sarcasm>
Now as I said, IANAL, so I don't know if the term "trademark search" has the specific meaning you imply. But if so, the whole sentence will not make sense at the place it was in Linus' mail: If you didn't register a trademark, how could a
Re:Why charge for it? (Score:2, Interesting)
If Linus is the trademark holder, then like he says, we're relying on his personal judgement to "protect Linux" rather than using it as some kind of "legalistic enforcement tool". I know he's a good guy, but if we just trusted everyone to be good guys, we wouldn't need stuff like the GNU license.
What happens if he chang
Re:Why charge for it? (Score:3, Funny)
Re:Why charge for it? (Score:2)
Maybe these poor companies do the same, "It's Linuxbased".
Re:Why charge for it? (Score:2)
Then why the discrimination against larger companies? There should just be a flat rate to cover costs.
Re:Why charge for it? (Score:2)
Companies who license software do the same thing too with educational pricing, non-profit pricing, government pricing, Small business pricing, etc.
Re:Why charge for it? (Score:5, Informative)
Re:Why charge for it? (Score:3, Insightful)
Re:Why charge for it? (Score:3, Insightful)
Re:GNU, GNU, and GNU (Score:3, Informative)
2.3 Trademarks
Please do not include any trademark acknowledgements in GNU software packages or documentation.
Trademark acknowledgements are the statements that such-and-such is a trademark of so-and-so. The GNU Project has no objection to the basic idea of trademarks, but these acknowledgements feel like kowtowing, and there is no legal requirement for them, so we don't use them.
What is legally required, as regard
So I guess... (Score:2, Funny)
So I guess that's free as in 'freedom' then?
Re:So I guess... (Score:2)
Re:So I guess... (Score:2)
Ah. then we need a third category: Free as in Trademarks.
Re:So I guess... (Score:5, Informative)
You are not allowed to create a distribution and call it "Knoppix Linux" without paying for the trademark. And Microsoft is not allowed to distribute "Microsoft Linux" without paying for the trademark. And once Linux takes over the computing world, Microsoft will not be allowed to rename "Vista" to "Linux" and distribute it as "Microsoft Linux" at all, in order to retain a tiny bit of market share, because Linus can refuse to let anyone use "Linux" in a product name if it isn't Linux what they are selling.
Re:So I guess... (Score:2)
Wah, why not make RMS' day and just call it GNU.
Re:So I guess... (Score:2)
Comment removed (Score:5, Informative)
Re:So I guess... (Score:2)
Re:So I guess... (Score:3, Insightful)
This is a good idea (Score:5, Insightful)
If a company has more than 1 million in revenue, 5k is pocket change. While 200 dollars is well within range of a couple of guys programming in their basement. And this also allows some protection for those guys in their basement if someone tries to take their name. They might not have the money for a legal battle, but for 200 bucks they can insure their name.
Re:This is a good idea (Score:2, Funny)
A product called "Two Guys in a Basement OS" or "Two Guys in a Basement OS, Powered by Linux" would not require a trademark license.
Re:This is a good idea (Score:3, Insightful)
Bullshit.
1 million in revenue means 10k is a good 1% profit. Such a company has to give up 0.5% of their profits for the year just to license something they thought was free.
A scam is a scam no matter who is running it.
Re:This is a good idea (Score:2, Insightful)
If you didn't realize you had to license the name, TOO BAD. You totally deserve to get burned if you don't do your homework before you go into business.
Re: (Score:2)
Re:This is a good idea (Score:2)
Re:This is a good idea (Score:2)
Or, if no one would want to copy your product's name:
4b) Keep Linux in the name, don't pay for a license and live happily ever after.
You do not have to buy a license to use the name Linux. You do have to buy a license to get trademark protection for your product name, iff it includes the word "Linux".
Re:This is a good idea (Score:2, Insightful)
With that arguement, you might just as well say an average income family of 40k/yr should have no problem renting Windows for $100/yr? And all the arguements of why BUY Windows when Linux is FREE would be moot.
Don't get me wrong, this whole trademark thing may be good. I just don't agree with your rationale.
I don't know how trademarks work in general, but one thing I was curious about was the comment in the artical about how anyone could create their own Linux name/product, but then be a possible target
Re:This is a good idea (Score:2)
That is _gross_ revenue - not profit. That isn't a big company. In fact under some definitions it wouldn't even be big enough to qualify as "small" (as in SME).
It would probably be only 5 or 6 people (based on UK averages). Each of those people is going to have to find $1000 for this - plus there is stuff to sign, so add legal costs (for review etc.). Plus reprinting costs etc. for adding the required attributions.
If we are talking about an open source start-up (possibly loss-m
RedHat Linux(R) (Score:2)
Yes a $1M dollar business is about the size of a decent newsagent, so I can see all the bankrupt SME's this is going to create. I mean it's either $5000 or start putting an (R) behind the word Linux. Really, how can anyone even think about starting a SME, when you have to pay those sort of fees to remove the (R) from your product. That (R) plastered all over the marketing material will crush innovative start-ups, it will be obvious to every prospective customer that NewH
Laws (Score:3, Interesting)
If I am in Swaziland and I start selling my own version of Linux, who is going to stop me? I suppose the community won't recognize it as an official "Linux" distribution?
Re:Laws (Score:5, Informative)
If you call your distro "Swaziland Linux", you need to buy a license.
If you call your distro "Swazilandix" or "Swaziland Operating Environment", etc, you don't need any license at all.
If you start selling soda and call it KevinConaway Coke, you need a license from Coca-Cola. If you call it KevinConaway's Cola, you're ok.
Trademarks are different than patents or copyrights. They exist to protect the integrity of a brand -- not the ideas.
Re:Laws (Score:2)
As I understand it, that is not quite right. If you want to call your distro "Swaziland Linux" _AND_ you want to register "Swaziland Linux" as a trademark itself, then you have to licence the "Linux" part.
If you don't care about trademark protection then you don't have to pay.
At least, thats what Torvalds seems to be saying about the Linux trademark here [lkml.org]
Re:Laws (Score:2)
No. But if you start selling mirrors and straws SCO will find some way to go after you. You'll be stomping on Darl's turf after all.
Re:Laws (Score:2)
Just try selling a non-trademarked product called "Coca Cola" or "Websphere" and see how that goes.
The trademark owner (Score:3, Informative)
The e-mail:
http://www.ussg.iu.edu/hypermail/linux/kernel/000
Trademark Requirements (Score:4, Funny)
1. Does it run Linux?
2.
3. Profit?
Re:Trademark Requirements (Score:3, Insightful)
1. Does it SAY Linux in the product name?
Y - Pay for a License
N - Don't need a License
2. The Linux Name has integrity and is not watered down
Everybody needs to stop jumping to conclusions and read what is actually trying to be done here. [groklaw.net]
Re:Trademark Requirements (Score:2)
Google for an opportunist piece of scum called William R. Della Croce, Jr. who registered the trademark back in 1994. It took quite a while to get that registration invalidated
This is why this entire trademark thing has come up.
Linus has to enforce the trademark or he will loose it, then some the next Della-Croce will come along and try to abuse the system and grab the trademark.
Didn't we discuss this already? (Score:4, Insightful)
Linus Torvalds explains it (Score:5, Informative)
http://lkml.org/lkml/2005/8/20/95 [lkml.org]
Re:Linus Torvalds explains it (Score:3, Funny)
...and, once again, gets it spot on!
(I'm just wondering whether this gets modded 'Funny', 'Insightful', or 'Flamebait'...)
Re:Linus Torvalds explains it (Score:2)
Re:Linus Torvalds explains it (Score:4, Insightful)
That's only one option. The another option is to allow it to become public domain.
Much closer to the spirit of OSS in my opinion, but I'm sure I'll get flamed for saying so.
Red Hat doesn't have a license (Score:4, Interesting)
Re:Red Hat doesn't have a license (Score:4, Informative)
I call BS! (Score:5, Interesting)
Makes me wonder though why Novell pays, being that they are "Novell Inc.".
What about the product: "Red Hat Enterprise Linux"?
Interestingly, I notice that the Red Hat web site doesn't use "Linux" on the front page except in direct reference to RHEL.
Re:I call BS! (Score:2)
If I understood this correctly, Red Hat is (could be) trademarked. Red Hat Enterprise Linux is "the Enterprise-oriented Linux of Red Hat(TM)", i.e. it's not a new trademark as a whole, only the "Red Hat" part is.
I'm no lawyer, but I think the whole issue is that, if you want to trademark something with "Linux" inside, you pay royalty. If you do not want to trademark, Linus does not give a shit.
Re:I call BS! (Score:2)
I remeber something similar happening to the KFC store which was once called "Kentucky Fried Chicken" and after the Kentucky sate (is it a state? I am not from US so sorry for my lack of geography knowledge) started enforcing the "trademark" of their name so they could get some $$ and then the fast food chain just changed its name to KFC because they found the m
Re:Red Hat doesn't have a license (Score:2)
Re:Red Hat doesn't have a license (Score:3, Insightful)
Re:Red Hat doesn't have a license (Score:5, Informative)
Confused? (Score:2)
Re:Confused? (Score:2)
Re:Confused? (Score:2)
To end this for once and for all (Score:5, Insightful)
http://www.groklaw.net/article.php?story=20050816
This article links to
http://www.linuxmark.org/ [linuxmark.org]
This explains everything, so a lot of projects should pay, but at this moment they are just trying to make up for the cost of protecting the trademark by going after big players (>1mln US$).
I only disagree with one thing: A trademark does not garantee quality at the moment of rewarding the trademark. You only know that the product sucked when the trademark is revoked because of bad quality.
Re:To end this for once and for all (Score:3, Informative)
No, a trademark is essentially a stand-in for quality. A customer can know, based on the mark, that drinks branded as Coke will have a particular taste; that cars branded as Yugos will suck.
If these expectations aren't met, due to quality standards that vary (either way) among identically-branded goods, then
Re:To end this for once and for all (Score:2)
So if a Yugo car company would start to make the best cars in the world, they'd suddenly would lose the
Linus disses /. (Score:4, Interesting)
" the whole _point_ of slashdot is to have this big public wanking session with people getting together and making their own "insightful" comment on any random topic, whether they know anything about it or not."
- Linus Torvalds, 20 Aug 2005
http://lkml.org/lkml/2005/8/20/95 [lkml.org]
A/C trolls /. (Score:5, Informative)
"[ And don't get me wrong - I follow slashdot too, exactly because it's fun
to see people argue. I'm not complaining
Since it's now salshdotted, see http://72.14.207.104/search?q=cache:HR1UTE7bLf0J:
Re:Linus disses /. (Score:3, Funny)
That's a fine distinction. That's like saying I don't hate the KKK, I just hate the racists in it.
Re:Linus disses /. (Score:2)
But... (Score:4, Funny)
My Favorite Quote From Linus (Score:4, Funny)
Now THATS insightful!
Re:My Favorite Quote From Linus (Score:2)
To complete the quote from Linus:
Doesn't look like arrogance to me...
What kind of revenue (Score:3, Interesting)
Net or gross?
Unless you're SCO... (Score:2, Funny)
What about amateur distros? (Score:2)
Re:What about amateur distros? (Score:3, Insightful)
Company or not, if you use something that is a trademark, owner of the trademark can send you C&D. That means, if some asshole pays $200 to LMI for sublicensing "Tiny Linux Router", then they take my code (it's GPL, they can), register the domain name, start selling my dis
Re:What about amateur distros? (Score:2)
From http://www.groklaw.net/article.php?story=200508160 92029989 [groklaw.net]
Non-Profit Tier
Annual Fee = US$200
I've bolded the part you need to read to find the corr
Old news (Score:2)
GPL and intellectual property (Score:2)
There is no single thing called "IP" (Score:2)
GPL does not deal with trademarks, as distributing any source code has nothing to do with trademarks.
And this issue has nothing to do with Linux (as in, the pile of software called Linux). It does not affect what you can do with the pile of software called Linux.
However, it does deal with naming your company 'Linux Widgets, Inc', or selling candy with 'Linux' written on it.
Re:There is no single thing called "IP" (Score:2)
GPL does not deal with trademarks, as distributing any source code has nothing to do with trademarks.
What about things like icons in a GUI? If a logo is distributed with software as an icon in a GUI, wouldn't that be considered a trademark, and wouldn't it affect what you could do with the software distribution? Or say you got hold of a Linux distribution that has the word "Linux" or the Tux mascot in a splash screen. Isn't the GPL supposed to allow you to take that copy and re-distribute it as it is?
Dupe! (Score:2, Offtopic)
Too little too late? (Score:2)
Esay workaround... (Score:2)
Positive Development for GNU (Score:2)
I think this is a positive development for GNU proponents. For too long users have been incorrectly refering to their GNU based systems which run the Linux kernel as 'Linux' systems. Now that people must honor the Linux trademark they will be careful to refer to the kernel by that name not the whole system. GNU based systems will be recognised as the federated systems they really are.
The best approach to trademarks: use them (Score:4, Insightful)
Trademarks are not expensive or hard to come by, believe it or not. You may be told you need an agent. Believe me, if you are intelligent enough to be a software developer, it is easy to navigate trademark paperwork. You do not need an agent. You need to behave like a developer using a new technology, i.e. read the documents, follow the rules. (Yes, I practice what I preach. I took out 2 trademarks last year, for a total of about 10 hours of actual work starting from scratch, though admittedly it was not the first time.)
My big recommendation: develop a generic trademark that does not depend on appearance. It is a nice stealth weapon.
Why are trademarks nice?
Re: (Score:2)
How is this trademark enforcable? (Score:2)
Besides, if the code's free, why isn't the mark? Shouldn't there be an OSS license to handle the trademark? As long as you agree to follow these basic ethical guid
GNU/Linux? (Score:2)
I wonder how this is going to affect the Linux vs GNU/Linux labeling/branding that RMS keeps insisting on?
Remember William Della Croce, Jr. ??? (Score:4, Informative)
Most of you probably do not remember him. He fraudulently registered the Linux trademark in 1996 and asked people to pay for use of the name "Linux".
Many of you now seem to think the name Linux does not need to be protected. You either have short memory or are too young to know what battles Linus had to fight to get here.
Most of you are free-loaders anyway. Interested only in what you are getting for free and contributing nothing back. Most of you given half the chance would have really cashed out on Linux, unlike Linus Torvalds.
See: http://www2.linuxjournal.com/article/2425 [linuxjournal.com] for some of the history.
Re:The trouble with 'free' (Score:2)
Do you don't. the software is still 100% free, both in speech and in beer.
Re:The trouble with 'free' (Score:3, Informative)
Re:The trouble with 'free' (Score:4, Informative)
The software is free, and you don't have to pay to use it. If you want to register a trademark which contains "Linux" in it, then you need to license the use of "Linux".
Re:The trouble with 'free' (Score:2)
The same governmental agency handles both trademarks and copyrights? Which agency is that, exactly? Is it the US Patent and Trademark Office, or the US Copyright Office, or something else?
Re:The trouble with 'free' (Score:2, Insightful)
Re:The trouble with 'free' (Score:5, Insightful)
You don't have to pay to use the software. You don't have to distribute it or anything based on it either. You don't even have to pay for selling it. You do have to pay for calling the thing yor distribute "Linux" (or anything which contains "Linux").
For example, Knoppix will not have to pay anything, because it's not named "Linux", but, well, "Knoppix". I'm not sure if "Linspire" is already considered close enough to "Linux" to need a license, however.
Note that software licensing and trademark licensing are two completely different things. For example, if you make a Linux Distro and name it "T-Linux", I'm sure you'll get trouble with the Deutsche Telekom, depite them not being involved with Linux code at all: AFAIK they have a trademark on the initial "T-" part (T-Online, T-Mobile,
Re:The trouble with 'free' (Score:2)
heaven help you if you start up a support business called "Linux'R'Us"... you'll have Linus and Toys'R'Us(TM) on your back
Re:Huh (Score:3, Informative)
You can have Linux for free still, you just can't use the name in your product/service/name etc, without paying for the privilege. It's still free.
Re:Huh (Score:4, Informative)
A trademark is hardly 'Information' in the sense of the word that free software advocates would purport it.
Consider if Microsoft created a terrible linux distro purposely, and called it Ubuntu, and marketed it as Ubuntu (not assocaited with MS) on the web. The people over at the real Ubuntu would want to fight back. That's the power of the trademark, it protects your name and image, not your 'information'.
The big deal (Score:3, Informative)
I hope Linus, Maddog, and LMI understand that they need to control how the enforcement of the mark is done before they let seeming