Groupon Backs Down On Gnome 114
Rambo Tribble writes: Groupon has announced it will abandon the 'Gnome' name for their product, ending the recent naming controversy that had the open source community up in arms. They said, "After additional conversations with the open source community and the Gnome Foundation, we have decided to abandon our pending trademark applications for 'Gnome.' We will choose a new name for our product going forward." The GNOME Foundation has thanked everyone who helped.
My question... does this represent Gnu thinking on the part of Groupon?
My question... does this represent Gnu thinking on the part of Groupon?
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I was going to point this out to the parent poster but you did it much more gracefully than I would have.
I'm also surprised that if Groupon is so into "open source" they wouldn't have noticed this before submitting the trademark application. Oh, that and the fact they don't capitolize GNOME in their blog post. Maybe they should have said "we're vaguely aware open source exists and we kinda open sourced some tools so that gives us street cred right?".
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http://www.applerecords.com/ [applerecords.com] (yes, I chose that one ironically)
http://boardgamegeek.com/board... [boardgamegeek.com]
http://en.wikipedia.org/wiki/W... [wikipedia.org]
http://www.thepalm.com/ [thepalm.com]
http://www.niagaraparksgolf.co... [niagaraparksgolf.com]
...okay, you win on Whole Foods.
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I don't see GNOME trying to bully out the Santa Gnome market: https://www.etsy.com/market/sa... [etsy.com]
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One is a point of sale peripheral, the other is a Linux desktop environment. Okay, they're both 'technology', but that category is huge and getting broader every year. In any case, neither product is widely known, it's highly unlikely anyone would confuse one with the other, or that it would hurt either brand if they did. The case for trademark infringement is practically nonexistent.
That said, I'm glad Groupon is changing it; the Gnome has rubbed me the wrong way ever since it was announced. The name isn't
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The GNOME foundation invented the word—nay, the letters themselves, carved and finished from wordstone hewn from the deep tunnels of the earth.
s/GNOME/Apple/
s/Apple/Android/
s/Android/Windows/
s/Windows/Palm/
s/Palm/Whirlpool/
s/Whirlpool/Whole Foods/
Clearly, all trademarks should be meaningless and indefensible.
You're trying to be snarky, but I agree with your snark. Name your product after a common object and you should not be able to copyright the name. It's a fairly simple thing to avoid.
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I think it's close enough -- two large tech projects with the same name. If you're having a conversation about "using gnome" and the topic is technology, it would be confusing. Groupon's project presumably has "gnome" software running on it.
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I think it's close enough -- two large tech projects with the same name.
Learn about trademarks. That's not close enough by miles.
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We're talking about a tablet with the GNOME name splattered all over it. Is it a point of sale terminal? Is it the latest tablet from Zareason?
How do you know really?
You don't.
POS systems look like general purpose computers anymore.
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Or groupon saw an opportunity to (cheaply) get some publicity and jumped at it. Publicity stunt?
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Or groupon saw an opportunity to (cheaply) get some publicity...
Groupon thought they could ride on GNOME's huge popular consumer brand? Really?
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Roughly translated: "My side didn't win and it's not faaairr! WHAAAAAA!!!!!"
The name Gnome has been besmirched since 3.0 (Score:1)
Who would want it anyway?
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Try it again. Intial Gnome 3 releases weren't that... uh.. stable or feature filled. Since 3.10~ish it's gotten better and 3.12 on is pretty solld. 3.14 we're starting to see some nice polish too. Try it again, use it for a week or so, and check out extensions.gnome.org .
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3.14 we're starting to see some nice polish too.
yeah, but the patches just go on forever
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Yes, but at least there is movement. I think there is also a huge lack of people and a continued lack of financial support.
Still, broken-ness and all I'm comfortably using it now and quite like it. I do sort of miss the classic layout and all the cool stuff you could do with compiz - but the shell view is so convenient I couldn't imagine going back.
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Yeah, Groupon was doing that name a favor by launching a new product with it.
Actually, I've tried Gnome 3.12 with PC-BSD, and while the UI itself is okay, the applications ain't. After I installed GNOME 3.12, a lot of applications, such as Chess, Four-in-a-row, Epiphany accompanied them. Problem is that under other DEs, those windows can't be moved. Some, like Web/Epiphany, fill up the screen, even going over the taskbars of the DE, so that the only way to go to the other virtual desktop is to close t
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They work fine for me on Fvwm, both from 3.12 and 3.14. Must be something weird going on in your environment.
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What makes me sad is the CPU leaks in games. (in versions 3.8.x and 3.10.x). Gnome's minesweeper uses a ton of CPU (for a minesweeper!) and occasionnally locks up. The reversi (Iagno) will consistently lock up with 100% of one core use mid-game right when things become decisive. Also chess used to be bugged (but not in the 2.x versions) with illegal moves and me getting randomly handed the control of the opposing pieces! (illegal castling typically, which I also witnessed in "Microsoft Chess" once. Some dum
Huh (Score:1)
It did?
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a few comments on slashdot, certainly...
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Enough to get GNOME their war chest in less than 24 hours.
That probably gave Groupon pause. They probably thought that GNOME was some weakling that they could easily bully. It looks like they though wrong.
If this sticks, it's a very important precedent and one that benefits the entire community (love or hate GNOME in particular).
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Don't ask me why, I couldn't tell you, but if I used Gnome (the X client) I would have donated. If this had been a Microsoft story, I'd've been like "Let the fuckers burn" (I do use Windows 7). Probably something to do with the profit motives of the two communities - one works to improve itself by helping the community improve itself by acting on community input, the other listens to shareholders and the SEC and marketdrones to develop ways of milking "consumers" for every red cent they can get out of them
Smart move (Score:2, Interesting)
The risk was not from the Gnome Foundation's lawyers, but from smartasses all around the Internet coming up with ways to get back at Groupon with names for preposterous services that don't quite infringe on Groupon's trademark.
Re:Don't mess with the geek's toys (Score:5, Insightful)
Groupon was rolling out a Point-Of-Sale touch interface thin OS system, calling it Gnome. Perhaps you can see how this would possibly be confused with the GNOME touch capable OS, which is (at least in some Lowe's locations) installed on Point-Of-Sale systems.
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Nope, can't see it. The Gnome foundation is fucking retarded. And so are you if you think this is the right thing to have happened.
Anyone who knows what EITHER of these systems are is not going to be confused. I knew about the Gnome POS long before I knew that the gnome foundation had some sort of touch interface and I've been following Linux since the late 90s.
This is a bullshit case of bulling.
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Then for those of us who weren't familiar with either, it could easily be confusing, and thus the Gnome foundation did have a valid point.
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You're welcome to call bullshit, but then you're wrong. I got out of software, and into management years ago, so I haven't kept up. Have I heard of Gnome, absolutely. Do I know or care what it is currently, no. What I do know is that companies who write code don't necessarily stick to a single area. The one I work for has written products for everything from cyber security, to networking, to environmental products. So, yeah, when Apple records got into it with Apple Computers, it was pretty obvious.
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Branding is for people who might not know, so the fact that people who know EITHER or the system would not be confused by it is as irrelevant as is the fact that Usain Bolt won the last two 100m Olympic gold medals.
If you know both projects, then the brand doesn't matter.
And in any case, why don't they try call it BMW or Mercedes Benz while they are at it, and see how far they get. Those companies are in completely different industries right? That wouldn't cause any issues at all right?
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Anyone who knows what EITHER of these systems are is not going to be confused.
Trademarks are not for people who already now off the system. It's not to protect the trademark holder but the consumer. In this case it's not only possible but probable that the consumer would be confused. For example, if groupon named their PoS system "Windows", that'd have gotten them sued, so why did they try that move with "Gnome"?
Groupon were being dicks, and it backfired.
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No, there is approximately ZERO chance of anyone confusing Gnome (which was a word long before Stallman decided to mispronounce it), a commercial product by a company called Groupon, with GNOME, a free window mangler by the GNOME Foundation, part of an organization that is explicitly designed to *prevent* commerce. Yeah, sure, people will confuse those.
Sorry, but from both the trademark law and a common sense points of view, the GNOME Foundation is simply engaged in self-righteous trademark bullying rather
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Manager: "Hey, I heard about this new Gnome thing that Groupon is offering to install for Significantly Reduced Prices. You've been bothering me for the last year about upgrading our own gnome system, why not let them do the upgrade?"
IT Guy: "There's a huge difference between GNOME and Gnome, sir."
Manager: "Doesn't sound like there is, they both do point o
I think it goes more like this (Score:4, Insightful)
I thing Groupon's thinking was more like "Shit! They're willing to go to court over it!"
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Nah, they were more afraid of a protest at their offices. If you consider how smelly the average Unix nerd is, and multiply it by the 20 or so people who would actually show up, it would make sense to back down quickly. I don't blame them.
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or "Shit! They bought our last deal with the lawyer office, buy one lawsuit, get three free!!"
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More like the complaint about the name went to their lawyers who said "What's open source? Buzz off hippies!"
Then the controversy hit their marketing department... who said "We're going to call this thing Gnome? That's a terrible name! And hippies have money now you dolts!"
Is GroupOn Code of Conduct a bad joke? (Score:5, Insightful)
The GroupOn Global Code of Conduct start with "What Groupon Stands For: Do the right thing--follow the law, act ethically, and treat people properly."
This attempt to bully a non-profit for use of it's established trademark does not seem to be consistent with the stated code of conduct. For this to drag out from May to November seems to suggest that GroupOn had no intention of following it's own code of conduct. So, if there has been no policy in place at GroupOn to keep this from happening, how long will it be before another non-profit or FOSS project suffers from the same bullying at the hands of GroupOn?
I'm also curious to know, at what expense of resources did defending the GNOME trademark come at? Who is paying for the expense of resources? Does the projects GroupOn have on github really justify the set-back that GroupOn has created for the GNOME project?
This revision of the story from Sri Viswanath leaves me with more questions than answers and makes it very clear that GroupOn is not a company I ever want to do business with.
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Gnu thinking? (Score:1)
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I HATE that. They claim it's from pronouncing GNU as "guh-new". When I point out that the animal gnu is pronounced "new" and that since that animal is the mascot of the GNU project and that it too should be "new", they get all butt-hurt.
At least no one has called it "guh-rep" yet.
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Wrong, Groupon wanted you to read it as "Know Me."
It probably just finally got escalated. (Score:3)
The problem probably just finally got escalated inside Groupon. Before it was some stupid desk clerk thinking: Oh, some hobbyists I've never heard of are mad that their little programming club has the same name as our new terminal. No big deal.
Then it was "Sue them into next wednesday!" "Burn Groupon to the ground!" "Hang them higher!" and their response being "OMFG! It's a project that's FOSS and Linux and they are all friends with IBM, Oracle and Google. And they've got lawyers!"
Probably some exec with a clue got wind of the situation and concluded that "... yeah, they do have a case and this Gnome Project acutally isn't that small of a deal as one might think. And we have enough bad press as it is. Back down.".
Smart move I'd say.
And they even get a little neat publicity for playing nice.
These people just didn't know (Score:4, Insightful)
Hate to say, but marketers can be the most oblivious people in the wold. They also create things and have the same feelings of ownership that many of us do when we cook up a heaping helping of awesome code. So, I'm not surprised by Groupon taking a minute to figure out where they stood.
Last year, the people at my company's marketing department emerged from their cave with a Hire Veterans campaign. Awesome. Except for the fact that the helmet they choose to cap the M-16 with was a Nazi Stahlhelm. When I pointed it out I got the "what do you, developer, know about marketing" response. I answered, "Three of our board of directors are Jewish."
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There's a lot of clueless in marketing... and there's also an equal number of creative geniuses. In a lot of cases, marketers make mistakes for the same reasons developers do: underestimating how long work will take, assuming something works without testing it and not talking to users. There's also a strong not invented here bias, people taking way to much personal ownership of their work, HIPPOs (HIghest Paid Person's Opinion) and irrational mandates (i.e.THIS WORD MUST BE IN THE COPY).
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Do you think that giving the POS terminal the GNOME name was just a piece of viral marketing tactic to begin with?
Think about it.... nobody on Slashdot (or many of the other technology web sites covering this story) would be talking about Groupon's new product if the Gnome team didn't make such a stink about their brand name. Many of the people reading those sites are potential buyers of this product.
Maybe they should call it the "iPOS" next, so all of the Apple news sites will get their chance to talk abou
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Do you think that giving the POS terminal the GNOME name was just a piece of viral marketing tactic to begin with?
I think that in marketing it is better to be lucky than good. If they are smart they will call it Groupon POS because any other name will squander the brand identity that this little kerfuffle has caused.
Recursive thinking (Score:1)
My question... does this represent Gnu thinking on the part of Groupon?
It's quite possible. Whatever else you may say about Groupon, it's undeniable that Groupon's Not Unix. In fact, it's likely that Groupon's Not Useful. Especially if their servers run the Hurd.
Gee Spot (Score:2)
My question... does this represent Gnu thinking on the part of Groupon?
Gnobody Gnows.
Money back? (Score:1)
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Gnu thinking (Score:1)
Yes, they were in common space (Score:2)
What did Groupon's Gnome and the GNOME desktop environment have in common? They are both a POS.
(I don't actually dislike GNOME though it's not my favorite desktop environment. But I couldn't resist the joke.)
No chance of winning the lawsuite (Score:1)
Nope, just means they had zero chance to win the lawsuit that was about to be dropped into there laps
One does not simply piss of the entire FOSS gang (Score:2)
No publicity is bad publicity? (Score:2)
The cynic in my says that Groupon did this intentionally to generate a firestorm of controversy to get themselves some free publicity. The only other possible explanation is that they are incredibly foolish.
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The cynic in ME says Gnome kept this going -or even started it, in collusion with Groupon - to get publicity for Gnome.
Re: I have a new name for them (Score:1)
That would be a good new name for the GNOME project. It's what I imagine the GNOME hipsters saying to me each time I even just think about GNOME 3.
Gnome may seem gay, but Gnome is not... (Score:1)
...gay.
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...gay.
You are right, any resemblance to OS-X is purely coincidental
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Whilst I agree with you in general - about intellectual property and blowjobs if not the rest (fyi, no need to be gay to appreciate blowjobs).
The problem isn't so much that Groupon want to use the same name, but more that because of the ridiculous legal situation. If you don't "defend" your trademark you lose it and eventually you'll be in the situation of having Groupon stop you using "Gnome" because now it's their trademark.
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Nah, the lawyers weighed in (Score:3)
they said, "Crap, the propellerheads found some money. Lost that bet."