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Lego and the IP Conundrum

Packetknife writes: "Business 2.0 has an article on Lego and the development and business issues surrounding the Mindstorms product line. The article concentrates on intellectual property issues and the role of hackers in the development of Mindstorms. The hook to the OSS movement is obvious in the article." Interesting piece about Lego trying not to bite the hand that feeds it, even though the temptation is strong.

179 comments

  1. a soft redirection by Anonymous Coward · · Score: 3, Interesting

    Texas Instruments allowed assembly hacking on their TI line, notably -85 and higher. . .then in perhaps a wise move, in the updated line, allowed for an easier time to implement one's own assembly, editor and all. Why shouldn't Lego, the best 'toys' in my opinion, do the same?

    1. Re:a soft redirection by SilentChris · · Score: 1, Flamebait

      And Texas Instruments position in the computer world is what, now? Going from Cosby-endorsed home computers and thousands of Speak and Spells in children's hands to selling a few small lines of embedded processors.

    2. Re:a soft redirection by gilroy · · Score: 2
      Blockquoth the poster:

      And Texas Instruments position in the computer world is what, now?

      I don't have market share numbers and have no idea where to look. But in the particular market referenced (i.e., scientific/graphical calculators), TI is a major player still... in no small part due to their tolerance of hacks into their operating systems.
    3. Re:a soft redirection by DickBreath · · Score: 2

      >>Texas Instruments allowed assembly hacking on their TI line....
      >And Texas Instruments position in the computer world is what, now?


      What's your point?

      Long ago, in a galaxy far far away, TI made a home computer. So did everyone else. That was before the IBM PC, before the dark times.

      fast forward to today....

      Everything is now PC compatible. MS with their new improved IIS-Star can crash the entire Internet.

      So what? There were lots of other personal computer designs around before the IBM PC came out.

      How is the early history of personal computers in any way related to what TI does with their successful line of calculators?


      --
      very few animals were harmed in the making of this post.

      --

      I'll see your senator, and I'll raise you two judges.
    4. Re:a soft redirection by Surak · · Score: 2

      Another take on this: Apple sued companies (particularly Franklin Computer Corp.) that violated it's patents. IBM *encouraged* people to hack and clone their BIOS.

      Guess which type of computer became the most successfuL? :-)

    5. Re:a soft redirection by Anonymous Coward · · Score: 0

      The main reason that TI is out of the PC market is that they tried to go head-to-head with IBM with a 80% compatible (CP/M) machine called the TI Professional.

    6. Re:a soft redirection by Anonymous Coward · · Score: 0

      Another take: Franklin directly ripped off Apple firmware and was rightfully sued for copyright infringement. IBM would have sued anyone in the same situation, which forced Compaq to put in expensive 'clean-room' processes as a legal insurance policy.

    7. Re:a soft redirection by tenman · · Score: 1

      I'm really surprised you didn't get mod'ed down as flamebait. But I agree with most of the other replies to your post.

      While I haven't seen a TI brand machine on the self at best buy in a while, I'm positive that ever single product that best buy store sells has been effected by a TI product. TI is head and shoulders above every other company in chip manufacturing. Matter of fact, their web site reports that they have chips in 99.9% of all PC's that leave the showroom floor. Not to mention they make chips that are in IBM, HPaq, DELL, Apple, Palm, the IPac, the Jernola, Nokia, Ericson, Motorola... the list goes on.

      And Texas Instruments position in the computer world is what, now?

      Open your computer, TV, game console, remote control, microwave...

      Is that the position you where asking about?

    8. Re:a soft redirection by innocent_white_lamb · · Score: 1

      , which forced Compaq to put in expensive 'clean-room' processes ---> Er, wasn't that Phoenix Technologies that reverse-engineered the IBM bios?

      --
      If you're a zombie and you know it, bite your friend!
  2. Why the behavioral assumption? by _N0EL · · Score: 5, Insightful
    Mindstorms executives felt a strong kinship with the hackers. "We didn't want to get flamed and be the bad guy," says Mike Dooley, who was senior product marketing manager of Mindstorms before leaving Lego earlier this year. "And you don't want to get into a fight with these people. They'll shut down your website."


    On the one hand there's a "strong kinship" and on the other there's an assumption that hackers will immediately decide to turn on you by doing something extreme. Which is the feeling that Lego truly has about "hackers" who tinker with their products? Besides, shutting down a website implies a totally different type of hacking from that which involves modifying products. So once again, two different kinds of hacker get equated.

    --

    "My mother works for Microsoft now. A whole other cult."

    1. Re:Why the behavioral assumption? by chrisserwin · · Score: 4, Insightful

      I think that both attitudes can exist... fear and kenship. Fundamentally, the Mindstorm folks understand the difference between "buzz" and "hype". Hype is self-promotion or the blind regurgitation thereof; Buzz is promotion that others freely give.

      The hacker community was providing buzz... that's what sells 100,000 units when you had forecasted 12,000.

      "They'll shut down your website," sounds a little toung-and-cheek to me. The real fear is more subtle - piss these people off and you kill the buzz.

    2. Re:Why the behavioral assumption? by Anonymous Coward · · Score: 0

      Its a joke.

      Christ, you people have a fucked up sense of humor.

    3. Re:Why the behavioral assumption? by consumer · · Score: 1
      On the one hand there's a "strong kinship" and on the other there's an assumption that hackers will immediately decide to turn on you by doing something extreme.

      You know what? They're dead on. If you look at the history of Slashdot you'll see many cases of this kind of behavior. One day, the geeks love such-and-such.com that gives them something they like. The next day, they're up in arms over some political issue and people are posting DoS scripts in the comments. It has happened before right here, and the Legos people are right to be concerned.

    4. Re:Why the behavioral assumption? by Anonymous Coward · · Score: 0


      Once again, someone assumes that a collection of people act with one mind.


      When will people like you understand that the hypocracy label can't be applied to a group of people.

  3. They have a point with the name by JanneM · · Score: 4, Insightful

    LegOS _is_ rather close to LEGO, after all, and it is emphatically in the same market. So, I'd think that a name change on the part of Noga would not be amiss.

    Other than that, I hope that LEGO leaves well alone (giving an official 'stamp of approval' to high quality projects are a good idea, though). As the article emphasizes several times, LEGOs business is selling kits, not software. Having a prominent wanring that messing with the OS will void your warranty should be enough.

    /Janne

    --
    Trust the Computer. The Computer is your friend.
  4. Buy Them Out! by corky6921 · · Score: 4, Insightful

    I don't understand why this should go to court. Someone took his own time and spent it to make Lego's hardware better. If Lego simply bought the modification for x dollars, wouldn't the problem be solved?

    Look at game mods, for example. Game companies let people create modifications for their games and then they BUY the best ones, repackage them, test them, and ship them, therefore accepting responsibility for tech support. This would solve Lego's problem of "If it -- or any other third-party OS -- becomes widely used, Lego would have trouble vouching for the reliability of its product and providing tech support."

    Okay, next. Lego offered the hackers a job. Why offer them a salary when you can simply pay them so much for the alternative OS and use it as the basis for your next robots, or offer it as a free, supported, "advanced users only" download?

    The only problem I see with the above is what happens when the hackers continue to improve the OS. Do you keep paying them, or not? That would be something Lego would have to work out with them. However, I still see no reason for them to drag these people into court. These people believed in something and made it better -- they weren't trying to undercut Lego, and they are not selling alternative hardware (which Lego freely admits is its core business.) So what's the problem here?

    1. Re:Buy Them Out! by theancient1 · · Score: 2, Insightful

      That's exactly what the article said -- they're not planning to take everyone to court. Improving the product is good. However, when you start using someone else's trademarks in your product name (LEGOS), other issues come into play. Might there be consumer confusion over the name of the software? Does it dilute the LEGO brand name? What if other people decide to take it a step further and create products with names like "LEGO OS?"

    2. Re:Buy Them Out! by Anonymous Coward · · Score: 0

      You can't buy them out if it is published under GPL. Of course you could pay them to stop developing, I guess, but their existing work would always be out there.

    3. Re:Buy Them Out! by Midnight+Thunder · · Score: 1

      Buying the guy out would probably also save on legal costs.

      --
      Jumpstart the tartan drive.
    4. Re:Buy Them Out! by luge · · Score: 2

      The article doesn't specify this, but the software would be hard to 'buy out' since it is MPL and hosted on sourceforge.

      --

      IAAL,BIANLY

    5. Re:Buy Them Out! by daviddennis · · Score: 2

      You could hire them to work on it full-time, though, which I think would be a fine idea and would satisfy everyone. Then it could be made into an official product with quality control standards managed by Lego.

      Or they could fork it into an official product using their own developers.

      Making it official would make the name a cute play on words Lego could trademark.

      D

  5. How American can you get!! by Spruitje · · Score: 2, Interesting

    This is of course standard US FUD about IP.
    In the rest of the world we don't care.
    The problem is quitte simple that there isn't a problem at all.
    For LEGO this is a big plus and due to the fact that they aren't sueing the butts of those people is a VERY good thing.
    That is also the reason why they are selling lots of kits.
    If they started sueing everbody who hacks their OWN LEGO mindstorm kit, then they wouldn't have sold so many kits.
    The thing is, that after you bought something it is yours.
    And you can do with it whatever you like.
    The problem with the DMCA and other stupid US laws is, that the government tries to (over)protect the people.
    That doesn't work.
    Ever seen a warning sign on an European cup of coffee that it's hot?
    Of course not!!
    It is known that a cup of coffee is hot, and if you burn yourself than that is your own stupid fault.

    1. Re:How American can you get!! by SilentChris · · Score: 2
      "The problem is quitte simple that there isn't a problem at all."

      Also, not to mention that it IS simply a toy, after all. You mention "Mindstorms" to the average Joe on the street and they have no idea what you are talking about. You mention "copying music" and they probably would.

    2. Re:How American can you get!! by Anonymous Coward · · Score: 0

      > In the rest of the world we don't care.

      how many times did you hear Mr. USA bashing other places that doesn't do IP?

      yeah, we might not be so sissy but they are

    3. Re:How American can you get!! by Anonymous Coward · · Score: 1, Insightful

      The DMCA (and other stupid laws) come from the Government trying to overprotect its corporations.

    4. Re:How American can you get!! by mindstrm · · Score: 2

      Except.. the guy called his replacement oS LegOS, which is a quite obvious threat to their trademark, even though it's not intended to be so.

      THAT is the issue. They have no problems with people hacking on their gear... they are just protecting their mark.

    5. Re:How American can you get!! by pubjames · · Score: 1

      But the good thing about all these stupid US laws is that American is gradually screwing up their industry without realising it, so the rest of the world can over-take.

      One day America will wake up and realise that all the innovation is going on in Europe and Asia, and that business innovation in the US has been killed by draconian laws which only serve the interests of large US companies. Already we are beginning to see the effects of this - the majority of the work on open source projects is being done outside of the US. Hopefully short sighted lawmakers in the US will ban the use of open source in universities and government - that would really screw things up for them in the long term.

      So carry on America - it's fun for us to watch and laugh about your silly law makers over here in Europe.

    6. Re:How American can you get!! by Anonymous Coward · · Score: 0

      Oh no! The majority of crappy re-implementations of commercial applications is going on in Europe! Whatever shall we poor Americans do?

      Besides, the US hardly has a monopoly on stupid legislators...

  6. It's only software by sting3r · · Score: 4, Insightful
    Lego obviously has no financial incentive to prosecute customers who write or utilize alternative software on their devices. Why? Because it doesn't hurt their bottom line at all. These devices aren't like some devices which are sold at a loss and rely on subscription or advertising revenue to survive. Lego has made their profit by the time their device is sold, and so it doesn't matter to them whether the toy is used, thrown away, hacked, or left on the shelf. Hacking the toys costs Lego nothing.

    The only legitimate argument in the article was that Lego might get a few support calls from users of alternative software. The way to deal with this is the same exact way that Tivo deals with upgrades, AMD deals with overclocking, and Maxtor deals with tinkerers: void the warranty if the user tampers with the equipment and something breaks. Simple.

    --sting3r

    1. Re:It's only software by VampireByte · · Score: 1

      It's probably not the software, but the name Noga chose. More than likely, he thought of LegOS when this was his own little tinkering project and didn't think it would take off and become a visible issue. Now he probably doesn't want to change the name and cause confusion the community of people working on LegOS, but Lego doesn't want users to incorrectly think LegOS is a product that Lego controls and supports.

      --

      Run and catch, run and catch, the lamb is caught in the blackberry patch.

    2. Re:It's only software by sydneyfong · · Score: 2

      this raises an issue... ok i'm allowed to call my dog LegOS, but when my dog is becoming popular and recognized by more and more people i might be sued?

      good thing no one names his son Microsoft.

      --
      Don't quote me on this.
    3. Re:It's only software by Anonymous Coward · · Score: 0

      If your dog goes into the business of maufacturing toys for children, or writing operating systems for said toys, then yes he will have to change his name.

      If he, say becomes a famous circus performer, he probably does not have a lot to worry about.

  7. That's cool. by Anonymous Coward · · Score: 0

    Can you order them to hang themselves?

  8. Stategy for a Win-Win situation by GuruHal · · Score: 3, Insightful

    Lego has always held close the belief that toys should be educational. Shouldn't this be another facet of that same idea? Noga and the people who "hack" mindstorms are simply taking it to a new level. Besides is they can make something works as well or better, why not encourage that level of developement by hiring them on as programmers/consultants for your products. Noga clearly has excellent ideas for mindstorm and with his insight, there may be a whole new area of developement to tap into, something Lego may not have considered.

    --
    "Quando Omni Flunkus Moritati" -- Red Green
  9. I'm with Lego on this... by ChaoticCoyote · · Score: 4, Insightful

    ...since their response appears to be measured and reasonable. This is one case where intellectual property is serving its intended purpose: protecting someone's investment in time and money from being dilluted or confused by another product.

    Lego has spent many, many years building a reputation associated with their name. And that reputation is well-reserved; truly we can all appreciate how Lego brought MITs research into the hobbiest market. That was a gutsy move on Lego's part, and they should be rewarded for that courage.

    Markus Noga is a bright guy, but (as the article states), he crossed the line by naming his product LegOS. He's being a silly ass by claiming he named it after himself, and that the name has nothing to do with "Lego". He's tweaking the nose of the company, even though they provided the basis for his work. There would be no LegOS without Mindstorms...

    Lego isn't going after all Mindstorms' hackers, or poeple who've created alternative programming languages. They're protecting their good name, as any of us would do.

    And now back to playing with Mindstorms. I'm building a bot with two RCX modules, coordinating them to build a useful exploration rover... this is one damned fine toy, and Lego deserves all the credit in the world for bringing it to us.

    1. Re:I'm with Lego on this... by Ektanoor · · Score: 3, Interesting

      There would be no LegOS without Mindstorms...

      Well the article mentions a huge boost of sales. I believe Lego has some good and experienced marketing department to predict sales under the conditions they think are correct. However LegOS, NQC and other Open Source stuff may have called a completely unpredictable boost. As the toy became something else, which managers could not think of.

      Besides, many higher-education institutions and even the US Air Force use it to teach robotics. An Air Force teacher even made a Ada->NQC translator for this toy. Now the question is, would Mindstorms be what it is today without Open Source? I doubt. Probably it would be another cute toy among thousands in a lost shelf of a Lego store.

      On what concerns LegOS. It is very hard to confuse a name with its purpose because, apart of its relation to Lego Mindstorms, this thing is useless . So it is hard to confuse it with something else. If LegOS was more general and had a more broad use, then Lego could have had a right to claim defense of its good name. But the fact is that LegOS is deeply dependent on the technical characteristics of Mindstorms. So it is hard to miss it. So its name is, somehow, an additional advertisement for the set.

      I think it is correct that LegOS has such a name. Because it is a real true "Lego Operating System". So much for the purisms of today's libertarian commercialism where "all's MINE!!!!".

    2. Re:I'm with Lego on this... by AndroidCat · · Score: 2

      I think it is correct that LegOS has such a name. Because it is a real true "Lego Operating System". So much for the purisms of today's libertarian commercialism where "all's MINE!!!!".

      You don't understand. Failing to defend their LEGO trademark would cause them to lose it. Then anyone could call their product LEGO.

      Microsoft LEGO, DELL LEGO, Mattel LEGO, LEGO LEGO, Bob's LEGO, Toy'R'Us LEGO, Jell-O LEGO...

      Trademark is something that they have to defend or lose it.

      --
      One line blog. I hear that they're called Twitters now.
    3. Re:I'm with Lego on this... by dillon_rinker · · Score: 2

      On what concerns LegOS. It is very hard to confuse a name with its purpose because, apart of its relation to Lego Mindstorms, this thing is useless.
      This is EXACTLY why use of the LegOS name is so dangerous. It's not like Noga is marketing an OS for artificial limbs; if he were, there'd be no problem, since under US trademark law, his product would be in a different category from the Lego toys.

      But his "product" is VERY closely related to the product that Lego sells. The name is an obvious derivative of "Lego" or "legos" - none of that wink, wink, nudge, nudge routine now; anyone who says they believe the bit about naming it after his surname is either a liar or a moron. So you have a case of an unauthorized entity making use of Lego's trademark, in the very market that Lego has their trademark.

      Bottom line - Hasbro could come out with a line of building bricks and call them Lego bricks. When sued for trademark violation by Lego, they could reasonably claim that they were not violating Lego's trademark, because Lego had lost their trademark when they failed to defend it.

      Yes, it sucks that the world is like that. yes, it sucks that there are shark who will eat you if they can. But it is completely reasonable to smack upside the head the man next to you who is yelling "Yoohoo, Mr. Sharkie, over here!"

      I give Lego a great deal of credit for NOT smacking him, but instead asking him politely to stop. Noga's disingenuousness and unwillingness to understand the harsh reality of the world is apalling. Just because he doesn't like the way IP law works, he wants to ignore it, even if it harms the very company that's given him such a cool toy.

      Go read the IP FAQ (if you haven't already) and see if what I've said doesn't make sense. IANAL, but I am a pessimist.

    4. Re:I'm with Lego on this... by Dwonis · · Score: 4, Insightful

      LEGO could always license their trademark to Noga for that particular use.

    5. Re:I'm with Lego on this... by jallen02 · · Score: 2

      LEGO can always officially bless this OS and make it official :)

      Jeremy

    6. Re:I'm with Lego on this... by AndroidCat · · Score: 2

      Hmm... Not a bad solution. (Really!) Except, if they let the LEGO trademark be used by LegOS, it might seem that they are supporting LegOS. If the next version of LegOS crashes and burns or programs LegoDroids to have sex with your cat, what then? And what happens when the next guy writes LeggyOS?

      Yeah, I know, it's only the trademark being licenced. At this point I'm out of my depth and won't go any further. (This may violate the slashdot members' code, but so be it!)

      --
      One line blog. I hear that they're called Twitters now.
    7. Re:I'm with Lego on this... by bogeskov · · Score: 0

      If they should bless it, shouldn't it be written in perl?

      --

    8. Re:I'm with Lego on this... by Ed_Moyse · · Score: 1
      You're slightly missing the point I'm afraid.... Lego *have* to stop Noma calling his code LegOS or they risk losing their trademark. That (unfortunately) is the way TM law works (in the UK at the least): say Mattel produce a LegOS compatible toy (which is legal) ... if Lego leave Noma alone then Mattel could start calling their toy "LegOS" compatible ... and then "Legos" etc.


      As far as I'm being concerned Lego have bent over backwards to accomodate the hackers (as they should!) and Noma is being a dick forcing them to go to the courts. Why doesn't he call it NomOS if he wants to use his name? He's trying to provoke a refreshingly rational company into being oppressive, which isn't good for anybody.

    9. Re:I'm with Lego on this... by daviddennis · · Score: 2

      I don't quite get this; what would happen if Lego's product was used to create something that had sex with your cat?

      I would think Lego would not be liable, since they only created the tool. Otherwise, DeWalt would be liable any time someone accidentally used their product to saw through a support post, causing the house being worked on to collapse.

      D

  10. The tale of a lonely Lego Mindstorms by Ektanoor · · Score: 5, Interesting

    Well, since news broke some years ago, I tried to get an hand on a Lego Mindstorms. And well I'm old enough to vote a few times. However it is hard to get hands on materials and try to get a robot out of it. With Lego voila. It is cute, it's a toy but it has all the basics. One can read megatons of books but never become an expert without having some life with the Real-Thing (TM).

    Back then we had 17th of August, salaries going down 6 times and a rumours about Russia gong nuts. Besides back then we had Lego already but it was impossible even to search for a Technics set.

    Well two years passed. And in one shop I saw the damn bastard hanging. What to do? Get the money! Well, I was short of 20 dollars to get it, and my friends decided to protect me from this madness. So I thought I had lost my chance...

    However, recently it was my birthday. And I thought I should get a real good gift for myself. Well I was sure that the robot was already gone, bought by some fattened father for his not less fattened son. And what I see? That same set hanging just behind dozens of other Legos. One could barely see it on the corner. I asked the shopper why that thing was hanging there. "Well no one buys it. It's too expensive and people fear kids break it..." Besides the price was lowered by... Just guess... 20 dollars!.. Well I just said : "Freeze up that thing there I'M GOING TO GET THE MONEY!!!!!" In less than half-hour, I had the box in my desk.

    Right now the robot is here just facing my computer and waiting for another bunch of stupid commands that make him stuck the walls. I study NQC, LegOS and looking over some Forth and Ada realizations. On free time I read the processor specs and think on its potential uses. I'm thinking on how this stuff can be used to teach students some basics of robotics and AI. Besides, some people got quite interested on this stuff and think to buy a similar toy. Like me, they all vote for quite a long time... :)

    This is a tale of a lost and lonely robot in the corner of the shop. If Lego will try to "recover" its market, then this and many other robots will just lay there, with no use. No one of us needs their "Bricks constructor". We all need specs, tools, firmwares and open source. Because this is the best of all robots to learn the basics of robotics. And it is a great and cute yellow pet. In fact Lego should have made its toy for "Ages 20+"

    To Lego people if you see this. Keep it open source and help people to develope more soft for it. The reward will be much great than keeping it on the shelf for kids who their parents fear.

  11. I'm not impressed by Anonymous Coward · · Score: 0

    Get the moderators to mod up some stupid post, like "frost piss" or goatsex, and you can be proud of your control over them. Otherwise, shut up.

  12. Anoth company taking over the software. by miradu2000 · · Score: 2, Insightful

    Lego though does have a good point. What stops Mattell from building a simliar toy, and use legOS as their OS? Think of how much development costs could be avoided.

    I myself support the hacking, but maybe lego could require anybody that makes an alternative OS, to have a liscence that has a line saying that "This software may ONLY, with no exceptions, be used in LEGO products." And than they go after the people that don't put that in their OS liscence.

    It's really cool - that mindstorms thing. I did somethign for a year called "First Lego League" as a sixth grader. We were the beta year, and it was a huge success. (except another group destroyed our robot) Mr. BIGGLESWORTH!!! (our robot name)

    1. Re:Anoth company taking over the software. by NoMoreNicksLeft · · Score: 1

      What stops them, even if Lego stomps on these hackers? The OS is hardly the crucial linchpin that holds it all together.

      Damn Lego! Damn them all... if you people can't come up with a compatible OS, we'll never be able to compete in the lucrative building block robot market!
      It's not that simple sir. Sure we can clone the hardware, standard reverse engineering practices made that possible the first 2 weeks. But without a savant like Noga to crack the million bit quantum encryption on the OS, we'll never be able to do it.
      Well, that's the one solution we don't have. The FBI still suspects that Lego had Noga assassinated to protect their secrets, but they are getting nowhere. Even the million dollar reward we offer hasn't had any bites...
      Damn them!

    2. Re:Anoth company taking over the software. by ethereal · · Score: 3, Insightful

      Lego would have more important things to sue Mattel over, methinks. For example, what if a company built blocks that had the same nub spacing on top, so that they seamlessly fit together with Lego blocks? Wouldn't that be more of a threat? If you had the dimensions of the blocks, and knew approximately what plastic formula to use, you could flood the market with cheap blocks and undercut Lego themselves. I think someone duplicating the Lego "hardware" product is a lot more dangerous than someone duplicating the Lego software/OS itself.

      Come to think of it, I've never seen any blocks that were piece-compatible with Lego. I've seen some obvious imitations, but for whatever reason they never would quite fit together with the real thing. You would think that someone would have already gotten into this market; maybe by producing more of those joints, hinges, and other bits you can never have enough of. Or maybe Lego's legal team has already been active...

      --

      Your right to not believe: Americans United for Separation of Church and

    3. Re:Anoth company taking over the software. by Anonymous Coward · · Score: 0

      That's because they patented the exact size and tolerence of their blocks. No one can make compatable blocks without violating Lego's patents.

    4. Re:Anoth company taking over the software. by Anonymous Coward · · Score: 0

      There are (or used to be) clone blocks that are piece-compatible with Lego. The ones I saw had kinda a cheap greasy feel, and didn't stick together as well as Legos (would fall apart if you turned them upside down and shook).

      My understanding is that Lego's patents/trade secrets are mainly on the plastic formula and maybe the molding process. And yes, Lego has a active legal team.

    5. Re:Anoth company taking over the software. by camusflage · · Score: 2

      If you had the dimensions of the blocks, and knew approximately what plastic formula to use, you could flood the market with cheap blocks and undercut Lego themselves.

      There already is: MEGA BLOKS. They've got some nifty sets (the USS Kittyhawk set looks cool), but they're not Lego.

      In my (and other enthusasts' as well) mind, they just don't stack up against real Legos.

      --
      The truth about Scientology, Xenu, and you: Operation Clambake
  13. The Open Source Solution by Henry+V+.009 · · Score: 2, Insightful

    Now, I don't believe that open source is always the right tool for the job, but I think it is perfect for this sort of situation.
    The standard business model of selling software simply isn't right for Lego. They're basically selling hardware.
    Open source is the right business tool for this market. Lego should get together with some of the hackers and release a source code pack for anyone who wants to use it. If it gets modified into something better, all the more profits for Lego.
    Let's see open source do what it has always promised to do: make some serious dough.

    1. Re:The Open Source Solution by jhines · · Score: 1

      exactly, the GPL would be perfect in this case, since it tends to keep people from trying to take the code their own way for profit.

  14. It works both ways by geeber · · Score: 2

    Lego has shown extraordinary tolerence in dealing with the hackers. Perhaps its time for people to realize it works both ways. By naming his os LegOS, Nego is clearly just trying to tweak Lego. Come on. He could be a little more reasonable and change the name, rather then trying to poke the tiger in a way that is only going to lead to confrontation.

  15. Backing Oracle... do you work for Larry Ellison? by Anonymous Coward · · Score: 0
    MySQL has long been a favourite among people who want to set up a database backed web page, but are too cheap to pay for oracle.


    What's up with supporting Oracle, are you in sales at Oracle? This is one strange way to boost sales. As far as your complaints about MySQL, why don't you do some research before pulling numbers like "50 connections" out of your butt. Start with reading about MySQL at yahoo finance. Or are you just a lame troll? By the way, I don't know why you think there's a problem with Slashdot, the site works great for me.

  16. Oracle's a piece of shit by Anonymous Coward · · Score: 0

    But still a thousand times better than all the Open Source "alternatives". And DB2 isn't pure gold, either. So, in many cases, Oracle is the least evil.

  17. Business 2.0 FUD + BS by sourcehunter · · Score: 3, Insightful
    Good magazine normally, but I think they are a little short on news here, so they are trying to make something out of nothing...

    Once again, a "respectable" firm calls everyone, from the good guys to the bad hackers. So because I like lego mindstorm, I can shut down your website. Right.

    Business 2.0 is an american firm, and hence they are trying to invoke the "sue sue sue" response that the country is in right now... I must say I've lost some respect for them now.

    I do have one question though - I can understand a trademark infringement case ("LegOs") but intellectual property? That just isn't flying. Do I have to sign a license agreement when I buy mindstorm? Is there a shrinkwrap agreement saying I can't toy with the hardware? As far as I'm concerned (granted, IANAL), Noga is doing nothing wrong, and Business 2.0 is trying to make a mountain out of a mole hill. Paul Keegan, go do some more research.

    --

    quis custodiet ipsos custodes - Juvenal
    1. Re:Business 2.0 FUD + BS by Anonymous Coward · · Score: 0

      Please moderate this up; I felt the article on B2.0 was flamebait as well.

  18. Strange by delmoi · · Score: 3, Insightful

    This artical is weird. Asside from the name, I can't see what lego could possibly sue for. Since when has it been against the law to develop and market software for Computers you buy?

    I mean, how could it possibly be against the law to write software for a computer you own!?

    --

    ReadThe ReflectionEngine, a cyberpunk style n
    1. Re:Strange by Anonymous Coward · · Score: 1

      Its my understanding that the conflict is over protection of the trademark "Lego", which the Lego Company has successfully developed and placed in the households all over the world for some large number of years. If you don't vigorously defend a trademark, then it can be rendered public usage after a certain period.. This is why companies cannot strategically defend IP, because it wouldn't be fair to sue one company and allow another.

    2. Re:Strange by G+Codemonkey · · Score: 1

      "I mean, how could it possibly be against the law to write software for a computer you own!?"

      If the SSSCA goes through, it damn well will be.

    3. Re:Strange by Frank+T.+Lofaro+Jr. · · Score: 2

      Umm, to an extent, it already IS illegal to write (certain) software for computers you own.

      DeCSS and the DMCA come to mind.

      --
      Just because it CAN be done, doesn't mean it should!
    4. Re:Strange by Animats · · Score: 3, Insightful

      Asside from the name, I can't see what lego could possibly sue for.


      That seems right.

  19. Who's going to pay for Oracle? by Anonymous Coward · · Score: 0

    Do you think the web would be as interesting if everyone used Oracle. Do you know what they charge? You could forget about Slashdot and all the other sites we enjoy every day for free.

  20. Non-US Company by agentZ · · Score: 1

    Interesting. For once we hear a story about a company, a decent sized one at that, doing Good Things for a change, but it's a non-US company. Maybe the American Greed isn't such a good thing after all? Please correct me though? Are there any "good" US companies? (Or should I just get my passport fired up...)

    1. Re:Non-US Company by Anonymous Coward · · Score: 0
      Isn't VA Linux a "good" company?

      (just kidding)

    2. Re:Non-US Company by agentZ · · Score: 2

      I'll rephrase. Perhaps any good and profitable companies? (Companies that can embrace open source but still make money selling some other commoditity?)

  21. Open Source is free only if your time has no value by Anonymous Coward · · Score: 0

    For hobbyist websites, MySQL is fine. The Slashdot guys seem not to realize they don't fall in this category anymore.

  22. He _should_ change the name by Anonymous Coward · · Score: 1

    It's the same thing with Killustrator awhile back. While I'm not a fan of IP laws, trademarks are necessary and Lego should protect thier brand name.

    But I hope he backs down, it would suck if they had to sue him.

    1. Re:He _should_ change the name by Jaysyn · · Score: 1

      Hell, they could just change the name to PlasticOS, or BlockOS.

      Jaysyn

      --
      There is a war going on for your mind.
    2. Re:He _should_ change the name by luge · · Score: 2

      Lego should have protected it 30 months ago, when they told Wired they though it was great that people were doing this. Since then, legOS has enabled thousands of serious programmers (including several large universities) to buy and use Mindstorms when they wouldn't have put down their money otherwise. It's a serious slap in the face of people who have made a lot of money for Lego and are now getting stabbed in the back.

      --

      IAAL,BIANLY

    3. Re:He _should_ change the name by Anonymous Coward · · Score: 0

      "Yarbols! Big ol' BlockOS to you!"

  23. Lego Reverse Engineering Site by Russ+Nelson · · Score: 3, Insightful
    --
    Don't piss off The Angry Economist
  24. Popularity alone may not be enough? by _N0EL · · Score: 2, Insightful

    My niece and nephew's dog is named Lego, but nobody has tried (to the best of my knowledge) to snap a Lego block on him, only to have this not work, then call customer support at Lego to complain and request a new set of Lego blocks.

    However, imagine this scenerio... a parent and child download LegOS because it has "Lego" in it, so it must be a Lego product. Okay, there's warnings all over the place about LegOS not being affiliated or supported by Lego or whatever, but we know how useful this is. So the child now has a LegOS powered Mindstorm and it does something Lego-unapproved, dangerous, pornographic, becomes inoperable, or whatever (pick a Simpsons episode like the one where the talking Krusty doll tries to kill Homer or the Funby toy that destroys products made by its manufacture's competitors). Now Lego has a big problem on their hands.

    Maybe it's not just popularity, but popularity combined with a functionality reasonably relevant to the product.

    Along with your dog named LegOS issue, I wonder if the reason the dog becomes popular is part of the equation. If you name the dog LegOS and it becomes popular because it saves a drowning family, there's probably no lawsuit issue. But if LegOS mauls someone... hmmmm. I wonder if something like this has ever happened, like someone has named a racehorse after a product, and the horse is a pathetic on the racetrack, so the company tells the owner to change the horse's name or risk a lawsuit?

    --

    "My mother works for Microsoft now. A whole other cult."

    1. Re:Popularity alone may not be enough? by el_nino · · Score: 4, Insightful

      There are 42 categories of trademarks, and unauthorize use of a trademark is only infringing if the use falls in the same category. Lego is probably registered as a Class 28: Games and playthings; gymnastic and sporting articles not included in other classes; decorations for christmas trees.

      This means I can sell a beer called Lego without them having a legal leg to stand on in a lawsuit unless they have also registered Lego as a Class 32 trademark (Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.).

      Since LegOS is made for use with Lego's Mindstorm toys, it's pretty clear that it's a class 28 product. If your dog is called LegOS, you're probably pretty safe unless you start selling him as a toy or christmas decoration.

    2. Re:Popularity alone may not be enough? by el_nino · · Score: 1

      Sorry, forgot to add a link: Trademark Categories.

    3. Re:Popularity alone may not be enough? by luge · · Score: 2

      Pretty cool link. I'd argue that legOS is not a game or toy, unless C is the new cool thing for kids to 'play' with in their idle time. legOS is used mainly for things like AI programming that require 'real' software- floating point stuff, infinite variables, data arrays, etc. But... lacking a category for 'programs' I could see how legOS might fall into games and playthings for lack of a better place.

      --

      IAAL,BIANLY

    4. Re:Popularity alone may not be enough? by Kaki+Nix+Sain · · Score: 1
      I don't see why LegOS wouldn't fall under class 9. It has been used as a teaching apparatus, and qualifies as data processing equipment.

      Btw, why is their no category for software? That seems really stupid.

      --

      (C) Kaki Sain, 2011. By reading this, you have illegally copied my property to your brain.

    5. Re:Popularity alone may not be enough? by Anonymous Coward · · Score: 0

      Courtesy of the US Patents and Trademarks office: all LEGO-reladed trademarks

  25. From the article by MeowMeow+Jones · · Score: 2

    That also happens to be the approach to learning championed by the Lego Co. of Billund, Denmark, the fourth-largest toy company in the world.

    --

    Trolls throughout history:
    Jonathan Swift

  26. Did you click the hyperlink I provided? by Anonymous Coward · · Score: 0

    MySQL is not for hobbyist websites, it's used by real websites, especially in the financial services industry.

    1. Re:Did you click the hyperlink I provided? by Anonymous Coward · · Score: 0
      MySQL is not for hobbyist websites, it's used by real websites, especially in the financial services industry.



      Name one.

  27. Poll by Maskirovka · · Score: 1

    Poll: Should Lego Sue?
    No: -------------------%95
    Don't Know ---------%3.7
    Yes ------------------%1.3

    Slashdotted for sure 8)

    1. Re:Poll by s20451 · · Score: 2, Funny

      Poll: Should Lego Sue?
      No: -------------------%95
      Don't Know ---------%3.7
      Yes ------------------%1.3

      CowboyNeal: ---------------%100

      Conclusion: Lego should sue CowboyNeal. Why? ... Why not.

      --
      Toronto-area transit rider? Rate your ride.
  28. providing building blocks not imagination by 3seas · · Score: 2, Insightful

    Lego is a toy where kids get to explore their creativity, not be dictated to about their imagination. The source code should be open and done under a license that both helps encourage the exploration of creativity while protecting the company interest in not having it end up being something they regret, something being used competitively against them.

    Lego sells the hardware, the physical stuff, the imagination is what their customers supply.

    There is very little imagination in a customer naming his Lego robotics OS LegOS. He should better express good will here, then by way of imitation.

    Perhaps the computer industry might take a hint from this "hardware" toy company. In realizing a whole hell of a lot more would get done that benefits everyone, by avoiding greed of imagination and imagination potential dictation.

  29. More Information ... by wiZd0m · · Score: 2, Informative

    http://www.noga.de/legOS/

    http://legos.sourceforge.net/

  30. The article is just sensationalist. by mindstrm · · Score: 3, Interesting

    Their trademark and IP are not 'at stake'.
    They provide software so joe average can USE the stuff, not to 'control' it. They are not in the mindstorm software business, per-se, they are in business to sell legos.

    Of course they don't care if someone hacks it; it's our right to reverse engineer it and publish information about it. After all.. it doesn't hurt them one little bit.
    So far, the only industry thats' managed to prevent reverse-engineering to a degree is the publishing industry in general, via the DMCA, and then, only with regards to copy protection mechanisms.

  31. I'm trying to escape that weird guy ... by wiZd0m · · Score: 3, Funny


    who is running after me screaming ...

    It's GNU /LegOS !

    It's GNU /LegOS !

    It's GNU /LegOS !

    1. Re:I'm trying to escape that weird guy ... by luge · · Score: 1

      It is MPL so Stallman would be running after us... but probably for different reasons :)

      --

      IAAL,BIANLY

  32. Serendipity--make themost of it Lego by jrst · · Score: 3, Insightful

    "...it sold a staggering 100,000 kits, far beyond the 12,000 units the company had projected. To Lego's surprise, some 70 percent of Mindstorms customers in the heady early months following its launch were old enough to vote..."

    What would you do if your a product found and unexpected successful market? I think Lego knows they've stumbled into an opportunity, but they're unsure of how to execute.

    Instead of focusing on "Should Lego sue?", focus on "How should Lego leverage this opportunity?" The simple answer IMHO: co-opt the individual efforts; make an "adult" product version or addons. Make Mindstorm *real* plug-and-play software/hardware.

  33. Not patents but copyrights by yerricde · · Score: 5, Informative

    Apple sued companies (particularly Franklin Computer Corp.) that violated it's patents. IBM *encouraged* people to hack and clone their BIOS.

    No, the lawsuits were not about patents but about copyrights. The Apple II ROM didn't have a syscall interface like PC BIOS did; A2 syscalls were merely jsr instructions to the entry point in ROM of the function. Because this restricted the possible length of each function's binary code, it was almost impossible to make a 100% Apple compatible ROM without making it byte-identical to Apple's.

    But the real reason Apple sued is because their contract with Microsoft required them to do so. Microsoft owned the copyright on the Basic interpreter in Apple II Plus and later computers.

    Guess which type of computer became the most successful?

    The one with the more extensible API. IBM designed its BIOS syscalls around a realization that it would eventually have to change the internal structure of its BIOS in later revisions to the PC (e.g. XT and AT).

    However, the LEGO case isn't about patents or copyrights; it's about trademarks, as the name "LegOS" gives a false appearance of a LEGO product. LEGO doesn't want to tech-support third-party software that could potentially damage expensive sensors and motors.

    --
    Will I retire or break 10K?
  34. Who wrote this drivel? by swordgeek · · Score: 3, Insightful

    This is the first article I've read in Buisness 2.0. I hope they're not all this bad.

    Lego isn't walking some 'fine line' between two extremes. They know full well that hackers messing about with Mindstorms will help their sales and market penetration, and are hence doing nothing about it. End of story. The trademark infringement issue is an ENTIRELY DIFFERENT SUBJECT, and there's no reason for tying the two together, except for the sake of sensationalism.

    Then there's the writing style.
    "Using it, a propellerhead of moderate nerdulence could build a tic-tac-toe-playing robot ..."

    Ye Gods, I'd be embarassed to sign my name to such an ugly phrase. There are others just as bad.

    So a badly written article that tries to create a tempest in a teapot. Whee! I did notice that most of the articles in the magazine are titled: ": To sue or not to sue." All of these things make very unanxious to read any more B2.0 articles.

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    1. Re:Who wrote this drivel? by DHartung · · Score: 2

      Over the summer, Business 2.0 was sold and merged with eCompany Now. Almost all the B2 people were let go, so the new magazine is essentially eCompany Now under the Business 2.0 name. In either case it is written about and for CEOs and sales types, and somewhat for e-commerce webmasters, rather than programmers.

      I rather liked B2 before, but the new magazine isn't nearly as interesting.

      --
      lake effect weblog
      {Network engineer in Chicago--looking for work!}
  35. Anything wrong with PostgreSQL? by yerricde · · Score: 1

    But [Oracle is] still a thousand times better than all the Open Source "alternatives".

    All? There are only two things you need out of a DBMS: ACID and speed. (Yes, I know they're both also names of recreational drugs.) Oracle (proprietary license with expen$ive royalties and an NDA on performance measurement) supports ACID. So does PostgreSQL (BSD license). So does SAP DB (GPL/LGPL).

    --
    Will I retire or break 10K?
  36. Damned straight they have a point! by AndroidCat · · Score: 5, Insightful

    Yep, they certainly do have a point. While I think that hacking their hardware/software is great (and I bet LEGO thinks so too), there's no point in poking their lawyers with a stick. IP and trademark are protect it or lose it type stuff.

    There are any number of ex-trademarks that were lost because the company didn't defend the trademark (or botched it): Aspirin, linolium, yo-yo, thermos, cellophane, milk of magnesia, lanolin, celluloid, dry ice, escalator, shredded wheat and zipper. (Source: "Made in America", Bill Bryson) While these names are now public domain, some company once created and owned them. Those companies lost big when their trademark became generic.

    I'm sure that the LEGO people would rather shoot their own feet off than have to sue someone, but you have to defend a trademark or lose it! They can't afford to lose the LEGO trademark, otherwise anyone can call their product LEGO.

    I hope Noga will understand (NogaOS?), and LEGO could give him a few bulk cases of LEGO. And then everyone could go have a cream soda with ice cream float.

    LEGO are White Hat Good Guys, Noga is White Hat Good Guy. This problem is stupid, and is just attracting the suits and lawyers.

    Now if only LEGO would make steel blocks so that I could build the perfect BattleBot!

    --
    One line blog. I hear that they're called Twitters now.
    1. Re:Damned straight they have a point! by Anonymous Coward · · Score: 0

      Had you read the article, you would realize he DID call it Noga OS. Only he translated the Noga from Polish to the English equivalent: Leg

    2. Re:Damned straight they have a point! by heptapod · · Score: 2, Funny

      I remember ThermOS, it's that early operating system that could iterate over beverages, mark them as cold or hot and then run a script to keep them that way.

    3. Re:Damned straight they have a point! by Frank+T.+Lofaro+Jr. · · Score: 2

      IP and trademark are protect it or lose it type stuff.

      Not completely true. IP consists of, at least: copyrights, trademarks, patents, and trade secrets.

      Trademarks and trade secrets are use it or lose it, copyrights and patents ARE NOT.

      --
      Just because it CAN be done, doesn't mean it should!
    4. Re:Damned straight they have a point! by taniwha · · Score: 2
      to be fair "Asprin" was not lost to the public domain in the sense you mean - it was taken from Bayer as a 'spoil of war' as part of the WW1 armistace settlement



      +2 virtual karma points to the first person who can name the other trademark taken from Bayer that's still in common use .....

    5. Re:Damned straight they have a point! by pben · · Score: 1

      Until 1994 the Bayer in the USA was not the Bayer in the rest of the world. So Bayer Asprin was made by Sterling Drugs in the USA. But the Bayer trakemark was purchased in 1994 by the German oweres of the trademark.

      So am I right?

    6. Re:Damned straight they have a point! by AndroidCat · · Score: 2

      Okay, I was typing fast, and shouldn't have included "IP" without breaking it down.

      Trade secrets? I don't see how those apply. You have a contract with people you give secret info to. If they break it, you can sue them.

      I thought there might have been "defend or else" clauses in copyright and patents, but I'm out of my depth here, so I'll bow out. (IANA#$%@#L)

      --
      One line blog. I hear that they're called Twitters now.
    7. Re:Damned straight they have a point! by AndroidCat · · Score: 2

      Oi! You must have had the 1.0 release. Later releases could handle a larger range between cold or hot. (ThermOS: We keep the lukewarm, lukewarm!)

      It's Escalator xtm that boggles my mind!

      --
      One line blog. I hear that they're called Twitters now.
  37. Re:Slashcode Revisited! Bumper Double Issue! by microbob · · Score: 0, Offtopic

    Okay Mr. SmartGuy, shut up and fix it!

  38. Am I the only one confused... by HongPong · · Score: 2

    I found it odd that this story, rather than getting classed under the Lego icon, got the Almighty Buck icon, especially because there was a "Lego" story only a couple stories down. I think that the Management should start using multiple little icons to denote their stories, though of course Mr. Katz would always need the Almighty Buck, and the US flag, etc etc.

  39. Sue? by ziplux · · Score: 1

    What basis would they have for a lawsuit? The hackers haven't done anything illegal.....they've simply reverse enginered a product they bought. Am I missing something? (yes, I did read the article.)

    1. Re:Sue? by sinster · · Score: 2, Informative

      IANYL ("I am not your lawyer")

      Lego has no real basis for a lawsuit based on the /existance/ or /use/ of NQC or LegOS. They could try to sue (as mentioned in the article) because these products, if used with the lego mindstorms hardware, could cause failures that Lego wouldn't be able to support. This would indirectly tarnish Lego's name and cause losses. At least that's the theory. It wouldn't take a hell of a lot of effort for a defense attorney to show that since the products themselves are only usable with Lego's products, that the existance of the products directly benefit Lego's sales. And by Lego's own admission, their sales are vastly higher /because/ of the existance of NQC and LegOS than they would otherwise be. Since users of NQC and LegOS don't approach Lego for tech support (Lego has terrible Mindstorms tech support), the claim that failures in NQC or LegOS would tarnish Lego's name is also easy to refute.

      But that's about existance and use.

      LegOS has a naming problem. It possesses a name that is textually identical to a registered trademark of Lego. While every person has an automatic, unrestricted, nonexclusive use trademark to their own names (see McDonald vs McDonald's Corporation, England (I don't know which court), 1989), those trademarks generally only apply to a person's actual use name. While trademark applications have to specify the visual presentation of the trademarked phrase as well as the phrase itself, courts have generally applied trademark protection to any textually identical string, because of the rendering limitations of the Internet, newsprint, and other general printed matter. Since the author of LegOS can only claim the use of the word "Leg" as an English language translation of his real name, that use protection doesn't apply. A very good lawyer might be able to convince a court to allow use protection of translations as well, but it would be hard.

      In order to prove trademark infringement, the plaintiff has to show 3 things (on top of the claim of trademark, which is a trivial claim to make):

      1) the use of the trademark is not in reference to the trademark holder or its products,
      2) the trademark is used in a way that is likely to cause confusion in the minds of third parties (read: those third parties might conclude that the use /is/ in reference to the trademark holder or its products),
      and 3) such a confusion would cause harm, in fact or faith, to the trademark holder, its products, or the trademark itself.

      Even if all three are shown, the defendant could still win if he can show that the trademarked phrase has already entered the common vocabulary in reference to the general class of products or services to which the product or service specifically named by the trademark belongs. Two examples of this exemption are "xerox" and "kleenex". These two are registered trademarks referring to a company and a series of products in the first place, and a series of products in the second place. But both have been ruled to have entered the common vocabulary in reference to the process of photocopying, and facial tissue, respectively. The holders of those trademarks (Xerox and Kimberly-Clark) still engage in legal scare tactics to prevent the general use of what was formerly their exclusive trademarks, but they almost never go all the way to court unless they have an alternate attack avenue to fall back on.

      It would be easy for Lego to show the first and second points to a court's satisfaction. Harder to show the third, but not all that hard. And it would be very difficult (if not impossible) for the author of LegOS to show that the exemption applies.

      In other words: I would conclude, on the basis of the information currently available to me as a person who has not been retained or consulted by any party to the matter, that it would be relatively easy and inexpensive for Lego to successfully sue over the naming of the alternate Lego Mindstorms firmware that is currently referred to as LegOS.

      --
      -- Nolite audere delere orbiculum rigidum meum.
  40. But lego has been around forever by 91degrees · · Score: 1

    When did they get the patent? Patents don't last forever after all.

  41. Great Example! by SMN · · Score: 5, Interesting
    This AC makes a very good analogy that I, as someone closely tied to it, should expand upon.

    TI's first graphing calculators, the TI-85 and TI-82, were "hacked" so that assembly-language programs could be written and access the calculator hardware directly. The article here seems to imply that LegOS and other independent "hacks" could somehow damage LEGO Mindstorms' reputation if they don't function properly -- with the TI calculators, it also took very little effort to install these programs (mostly games), and they crashed the calculator _very_ often.

    So what did TI do? Rather than trying to patch up the holes that allowed ASM programs to be run, they added full ASM program support to their next calculators, the TI-86 and TI-83. And they even documented the systems to encourage ASM programming -- and I know many, many people who bought calculators only to play games in class. This earned them a bundle.

    Now, years later, this is paying off even more. I, a 17-year-old "hacker" (at least under the definition given in the article), and several others have been hired to write programs for them, and although I can't give details I'm certain that these will also make them a good deal more money.

    So what's the moral of the story? As another poster suggested, LEGO should _embrace_ these "hackers" and hire them to improve their products. It seems that whatever "danger" these independent projects have on LEGO's reputation is greatly exaggerated -- people who understand enough to send their RCX a new OS are smart enough that they won't be blaming LEGO for any flaws in it (and as far as I know, there really aren't any flaws in LegOS). Almost no harm done, but great benefits for LEGO.

    Even Businessweek's article says that these have helped sell tens of thousands more units. That is not in doubt. This is a case of corporate types fearing anything they don't understand, and instantly suing it. Instead they should consider the situation here and realize how much they can benefit from it!

    --
    -- Imagine how much more advanced our technology would be if we had eight fingers per hand.
  42. This article amuses me in sooo many ways by luge · · Score: 3, Informative

    1) This exact article was done by Forbes 2 years ago. At that time, Lego was very happy to have Markus and other folks hacking on legOS. If anyone can find a 'free' link to that article, I'd appreciate it, but the Forbes archives are not open so I can't link to it. Sources of amusement: that Business 2.0 feels that this is original or interesting writing.
    2) The article (and Lego, apparently) act as if Markus still maintains legOS. He hasn't committed to legOS CVS or spoken to the mailing lists in over 18 months (last post to lugnet was in March 2000.) He also doesn't maintain the 'official' website anymore- the one on noga.de hasn't been updated in a similar length of time and has been supplanted as the canonical reference for legOS by legOS.sourceforge.net.
    3) Lego has known about legOS since at least Feb. of 1999, when their PR people told Wired that "'People have also done stuff [created programming tools and components like LegOS] on their own as well, and that's fine,' Dion said." For them to change their minds now, more than 30 months later, is pretty low. I can't afford to fight it (I'm the defacto maintainer of legOS and coordinated the last release) but I'm fairly certain that a decent copyright lawyer could demonstrate that 30 months of knowledge and lack of action over a supposed violation makes the violation non-actionable.
    Anyway... I'm not Markus, so I can't really answer questions about this. But I can say that this whole episode is pretty disgusting. I hope Lego will come forward and clear the air, and soon.

    --

    IAAL,BIANLY

    1. Re:This article amuses me in sooo many ways by sinster · · Score: 1

      3) Lego has known about legOS since at least Feb. of 1999, when their PR people told Wired that "'People have also done stuff [created programming tools and components like LegOS] on their own as well, and that's fine,' Dion said."

      That's something I didn't consider. If it can be shown that Lego knew about LegOS that long ago and did nothing, then its an open and shut case. At least it would be in the US, where generally civil issues have a 12 month window for action.

      --
      -- Nolite audere delere orbiculum rigidum meum.
    2. Re:This article amuses me in sooo many ways by Anonymous Coward · · Score: 0

      Why don't you just stop being a juvenile asshole and change the fucking name? They make a nice toy for you and this is how you repay them? What the hell's wrong with you?

    3. Re:This article amuses me in sooo many ways by luge · · Score: 1

      Maybe because instead of asking nicely and saying 'thanks for all the sales you've generated' they threaten with lawyers?

      --

      IAAL,BIANLY

  43. Another Businessweek Article by SMN · · Score: 2
    I think that most slashdotters will some one of the obscure links in this article, which go to other sections with "three expert opinions" on the situation. The first of these is linked "before" the article, so I'm betting almost everyone missed it. Here are the links to the three opinions and the article itself:

    Eben Moglen's Opinion

    Mike Dooley's Opinion

    Ronald Johnston's Opinion

    The main article, by Paul Keegan

    --
    -- Imagine how much more advanced our technology would be if we had eight fingers per hand.
  44. They've already failed to defend it. by luge · · Score: 2

    They've known about legOS for at least 30 months (go search for 'Noga' and 'Lego' on Wired) and haven't breathed a peep about infringement until now. So... I'm not sure what the equivalent of a statute of limitations would be for something like this but they've already let it go for a long time.

    --

    IAAL,BIANLY

    1. Re:They've already failed to defend it. by Anonymous Coward · · Score: 0

      Do you know for a fact that Lego's been doing nothing for 30 months? After all, this is the company that routinely scours the web for trademark violations (pages that say "Legos" instead of "LEGO brand blocks" and so on get a polite letter from Lego).

      If I was Lego, I'd try to handle the situation somewhat diplomatically. One one hand they want the software and the hardware market it represents and on the other they would certainly want him to change the name. The worst thing that could happen would be a public row (like the KIllustrtor thing on slashdot, say) that would result in pissing of the developer and causing he and his pals to quit the mindstorms scene. Now, however, it sounds like he's dug in his heals for a trademark fight that he will lose (kinda like GAIM for example...)

    2. Re:They've already failed to defend it. by luge · · Score: 2

      I should be noting in my posts here that I am currently the maintainer of legOS, and I'm the developer who registered legOS.sourceforge.net. Had there been such inquiries, I would have known about them.

      --

      IAAL,BIANLY

    3. Re:They've already failed to defend it. by Anonymous Coward · · Score: 0

      Apologies then. What's your lawyer say?

  45. legOS bears no resemblance to what Lego sells. by luge · · Score: 2

    Lego sells a $200 collection of hardware that happens to come with some software. Confusing a set of plastic bricks from Tyco with Lego products (if they were called legOS) would be easy. Confusing software written in C with motors, bricks and gears is pretty fucking hard. If Lego sold Mindstorms software separate and apart from the hardware, they'd have a very strong case for confusion. But they don't sell robotics software and have never indicated any intent to, so it is really hard to see where the confusion comes in.

    --

    IAAL,BIANLY

    1. Re:legOS bears no resemblance to what Lego sells. by dillon_rinker · · Score: 2

      Go read the IP FAQ. You clearly don't realize what legal issues are involved. This isn't about common sense - if it were, I'd agree with you completely. This is about the way the law works right now. Lego stands to lose some serious money if they don't protect their name.

      My preferred solution is to give Nogas the explicit permission to use "LegOS" - they've protected their trademark and been the good guys. The only problem is if LegOS turns out to suck rocks and gives Lego (the company) a bad name by association. That doesn't seem too likely.

  46. Lego's on the right track. by Anonymous Coward · · Score: 0

    Hack away ! give Lego the access to the source code and have them give it away as experimental
    software or advanced software.
    I can see it from here.On the install CD
    multiple levels of install with the different
    codes available.
    I dont think that if the product had not been hacked and revamped and given real power that they would have sold as much of their kits.
    Intellectual property ? Lego is Lego and when i want a construction set for the kid it's a Lego.I was playing with them 35 years ago and i never got anything else.When they realise that only Lego is a Lego and there is nothing that can replace it,the twinkle in the eye of a kid getting the real thing is something the parents who buy the stuff just wont get them anything else.
    Intellectual property ? I beleive they can safely go to sleep.All along they had and still have the only real thing.

    Mechanised toys have been around for long
    This is better kids love to play with it.
    And though i cant say i tried it ,about a month ago i put on my christmas list a new lego set for the kid.
    But i know how's gonna be doing the hacking and the playing here...lol

    The software is safe, those who want the hacked code can get it .This way for advanced users hacked code is the way.
    For kids that know nothing about hacking and programming their software is there.

    How could it be better for them ?

  47. On a related note... by mclaugh · · Score: 1

    The TI home computer you speak of (TI-994a, specifically) used cartridges for programs and games. One such program was "TI LOGO", which is mentioned in the Business 2.0 article.

    LOGO came with a huge instructions binder- it was fun to try out- more powerful (and more complicated) than BASIC. And of course, you could save things to your 5 1/4" double density floppy w/ the holepunch in it....

    related link- 99er.net

  48. Intellectual property confusion by pubjames · · Score: 1

    That is such a weird article. I would be really suprised if anyone at Lego (Denmark) agrees with it.

    Unfortunately it demonstrates so much that is wrong with the American corporate mentality these days. You've gotten moral right and wrongs confused with what's good and bad for companies' profits.

    Imagine if Henry Ford started his automobile company with confused 'intellecutal property' mentality that is currently infecting the software industry. He would patent the style of threats on the nuts and bolts, so that if you set up a company producing any kind of accessory for his cars he could sue you for infringing his IP. He would add a chemical formula to petrol so that only Ford petrol would work with his cars. He would claim that it made the cars run better, keep the formula secret and sue anyone who tried to find out what it was. And if the government tried to intervene, he would claim his right to innovate and make his cars better was being infringed. And if people painted their cars a different colour but didn't use Ford paint, they would claim that the warranty had been invalidated and that Ford was no longer responsible for the car's performance or safety.

    Play and using toys such as Lego is an important part of a childs intellectual development. I expect the company that produces the toys I give to my children to have a high intellectual and moral standing. And I expect a lot of people in Denmark would agree with me, fine upstanding people that they are. So Lego, please ignore any advice you get from American lawyers and business consultants, and do what you think is the right thing to do.

    1. Re:Intellectual property confusion by Anonymous Coward · · Score: 0

      Imagine if Henry Ford started his automobile company with confused 'intellecutal property' mentality that is currently infecting the software industry. He would patent the style of threats on the nuts and bolts, so that if you set up a company producing any kind of accessory for his cars he could sue you for infringing his IP. He would add a chemical formula to petrol so that only Ford petrol would work with his cars. He would claim that it made the cars run better, keep the formula secret and sue anyone who tried to find out what it was. And if the government tried to intervene, he would claim his right to innovate and make his cars better was being infringed. And if people painted their cars a different colour but didn't use Ford paint, they would claim that the warranty had been invalidated and that Ford was no longer responsible for the car's performance or safety.

      If I ever go into business and decide to start my own maniacle super empire ala Bill G, I'm going to hire you as my second man.

  49. It could be a patent issue by dragons_flight · · Score: 2

    IANAL.

    Aside from the obvious issue with the name, it could very well depend on what patents they've been issued. For instance if they have a patent on "user programmable systems for manipulating interlocking toy blocks" then no one else can do this without permission of Lego even if they design their system without any knowledge of the software Lego is using.

    DMCA aside, historically it's legal to reverse engineer things you buy, but you can't use that knowledge to create things that would violate patents unless you get permission from the patent holder.

    Lego certainly holds patents on the hardware, but it's entirely possible that they have some that cover part or all of the software as well. After all it's not really a computer in the sense we typically expect and the patent office people may have decided it's sufficiently different to have different rules. I remember a while ago the patent expired on the RSA cryptosystem and that was just an algorithm.

  50. Oh come on! by 2nd+Post! · · Score: 2

    It's their right to do so, still.

    Remember when Fox 'foxxed' the AliensTC on Quake?

    Then did you notice them releasing Aliens vs Predator, AvP gold, and AvP2?

    So Lego is being fairly nice about this, because it gives them the opportunity to release a robatics software kit, now that they know the amount of interest that exists.

    So it isn't about where the confusion comes in; it's about Lego's legal right to the name legOS and how the law works.

  51. 'little tinkering project' by luge · · Score: 1, Redundant

    I've discussed this elsewhere, but Lego knew this was slightly more than a 'little tinkering project' 30 months ago when Wired wrote their first article on legOS, and Wired quoted a Lego spokesperson calling legOS 'great.' Flip through some of my other comments to find a link to the article.

    --

    IAAL,BIANLY

  52. Someone should compete with Lego. by Kamelion · · Score: 3, Insightful
    From the article:
    If it -- or any other third-party OS -- becomes widely used, Lego would have trouble vouching for the reliability of its product and providing tech support. More worrisome, another company could use Noga's LegOS to create a competing product.

    One of the things that saddens me is the way Lego has gone into reverse with their robotics system toy line. The orriginal Mindstorm kit had supperior hardware to the present kits. The orriginal RCX 1.0 brick had a 9V power jack which allowed you to power the brick w/o batteries. Starting with 1.5 and now 2.0 the bricks have no external power source.

    The newer kits comming out of Lego are really dissapointing. The Scout, toughted as the future of RCX on some Lego pages, has only two inputs, two outputs and the light input is hardwired into the brick so it is less usefull. The Scout is a representation of the first labotomized RCX.

    The newer micro-Scout is less usefull as it has one output and input and they are both internalized. It is also not programmable the way the Scout and RCX are.

    If someone competes with Lego maybe we will see an improvement in the technology rather than the cheapening we have been witnessing. I would love to purchase an RCX brick with 6 or more inputs and outputs. Especially if it can run LegOS.

    It is a shame that the Handy Boards are so darn expensive.

  53. WHAT!? by delmoi · · Score: 2

    Could you elaborate on that?

    --

    ReadThe ReflectionEngine, a cyberpunk style n
    1. Re:WHAT!? by taniwha · · Score: 2
      Check out this link for an old advert ...



      Both Aspirin and Heroin were trademarks of Bayer, a german company, at the end of WW1 in the treaty of Versailles Bayer was required to give up the 2 trademarks (they had already been appropriated by the US during the war).

    2. Re:WHAT!? by mrogers · · Score: 1

      Aspirin is still a patented drug in most parts of the world, and thus very expensive. (There's no generic aspirin in the Czech Republic, for example - you have to buy Bayer aspirin.)

  54. Not exactly. by delmoi · · Score: 2

    You don't understand. Failing to defend their LEGO trademark would cause them to lose it. Then anyone could call their product LEGO.

    Noga's OS is not an interlocking toy block, so his using 'lego' does not cause the trademark on toys to become more of a regular word.

    Microsoft LEGO, DELL LEGO, Mattel LEGO, LEGO LEGO, Bob's LEGO, Toy'R'Us LEGO, Jell-O LEGO...


    LEGO my EGGO!(tm)

    All of those would be fine under US law as long as they didn't compete in the same domain.

    Don't forget, trademarks only work in certain 'classes'. Of course, Lego may have gotten trademarks in all international classes if they wanted to. Like "LINUX" the operating system and "LINUX" the soap.

    On the other hand, what might happen here is that people might mistake LegOS as a LEGO product. If it sucked, it could dilute LEGO's brand name. So LEGO does have legal resource to sue, if they wanted to. But nothing bad would happen to them if they didn't.

    Also, 'defending' the trademark doesn't mean not letting people use it. LEGO could 'license' the name to Noga, if they wanted to.

    --

    ReadThe ReflectionEngine, a cyberpunk style n
    1. Re:Not exactly. by AndroidCat · · Score: 2

      Thermos and escalator used to refer to specific brands. *shrug*

      And isn't LegOS an OS for LEGO Mindstorm hardware? Sounds like a pretty close class to me.

      Anyway, as I've stated in other threads, this is now way out my legal depth. Direct further flames to [127.0.0.1]

      --
      One line blog. I hear that they're called Twitters now.
  55. Uh... by delmoi · · Score: 2

    That's a bit diffrent. Fox had trademarks for the games.

    --

    ReadThe ReflectionEngine, a cyberpunk style n
    1. Re:Uh... by 2nd+Post! · · Score: 2

      Not quite; they hold the trademark for the Colonial Marines, Predators, Aliens, etc. Not for the games.

      Just like Lego corp holds the trademark for the term LEGOS and Mindstorms...

      So Lego doesn't have any control over the legOS software, but over the name since it's the same as their other products, and is software meant to interface with those self-same products.

  56. Oh, and for the karma by delmoi · · Score: 2

    Heroin

    --

    ReadThe ReflectionEngine, a cyberpunk style n
    1. Re:Oh, and for the karma by taniwha · · Score: 1

      yup +2 virtual karma to you

  57. Don't be a cock Noga! by Anonymous Coward · · Score: 0

    I think it would be great for Lego to embrace the Open-Source model as I agree that they are not primarily a software company. However, Noga is taking things too far by pushing them and sticking with the name LegOS. Why fuck with a GOOD company and force their hand?

  58. Biting the hand? by Logic+Bomb · · Score: 3, Insightful
    Interesting piece about Lego trying not to bite the hand that feeds it

    How is it doing that? As the article notes, users of LegOS represent a miniscule fraction of Mindstorm users. There is no mention of any attempt by LEGO to discourage any 'hacking' that has been done, only the very legitimate issue of trademark dilution. Quite frankly, the matter should be entirely resolvable by the first step LEGO is planning: the friendly letter/phone call. If it is not, it will only be due to the ego of yet another pain-in-the-ass hacker, biting the hand that feeds him -- not the other way around.

  59. legOS Sourceforge project by rossz · · Score: 3, Informative

    I'm part of the legOS project on Sourceforge (though certainly not amongst the more active members). This is the first time I've heard of anybody suing anyone over the name legOS. I'm sure I would have seen something on our mail list by now, if the corporation had a problem.

    The Lego Mindstorms Robotics Invention set is the coolest toy ever created. Th legOS project has no intention of diluting the trademark of the Lego corporation. Our documents clearly state we are not part of, nor sanctioned by the Lego corporation.

    All we want to do is take a fun toy, and have a hell of a lot of fun with it. Being hackers (not crackers), fun involves reverse engineering and coding in C and assembly language.

    --
    -- Will program for bandwidth
    1. Re:legOS Sourceforge project by rossz · · Score: 1

      I must retract my statement about no messages in the project mail list. I guess they were clogged inside of @Home as 14 messages discussing this showed up at once late this evening.

      --
      -- Will program for bandwidth
  60. Re:RMS == weird guy ... by Anonymous Coward · · Score: 0

    Who else ;)

  61. Is Intel suing Linux companies? by crovira · · Score: 2

    My advice to the makers of Lego is to do likwise.

    Intel is in no way responsable or liable for the quality of the software that runs on it.

    Lego is in exactly the same position. Let LegOS thrive the same way Linux is thriving and for exactly the same reasons. It serves different needs.

    Its not even necessary to provide interoperability but it would be the smart thing to do. If Intel had done that from the start, its customers might have saved a trillion dollars and a billion person-hours lost to the malevalent M$ monopoly.

    A model of cooperation instead of beligerence and bullying might serve to inspire future industrial empires.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  62. Why does this only happen with computers? by Above · · Score: 4, Insightful

    If I buy a ford truck, and jack it up, put a light bar on it, custom paint it, tweek the motor and do all sorts of wacky stuff Ford doesn't sue me for violating their "IP". They don't ask me to take the name off of it. In fact, if I make kits to modify the vehicles they are happy as a clam, as it sells more cars.

    If I buy a house, add an addition, change the colors on the walls, swap out the heater, and then tell people it's a "Toll Bothers Hose" they don't sue me for violating their IP. I can rip the walls down and 'reverse engineer' it all I want.

    Now, if I buy a mindstorms kit and write better software for it, that's grounds to sue?

    This is all way out of hand.

    1. Re:Why does this only happen with computers? by danstolz · · Score: 1
      If I buy a ford truck, and jack it up, put a light bar on it, custom paint it, tweek the motor and do all sorts of wacky stuff Ford doesn't sue me for violating their "IP". They don't ask me to take the name off of it. In fact, if I make kits to modify the vehicles they are happy as a clam, as it sells more cars.

      If you make a kit and sell it as Above's Kit for Ford Trucks, that's OK. If you sell it as Ford Truck Kit, Ford would most likely claim a trademark violation. This is the LegOS distinction.

      Also, if you published how you tweaked your engine and GM used that info to improve Chevy trucks, there may be a problem.

      Also, Lego seems to be worried that adding that light bar may make the truck unsafe and reflect badly upon Ford.

      If I buy a house, add an addition, change the colors on the walls, swap out the heater, and then tell people it's a "Toll Bothers Hose" they don't sue me for violating their IP.

      Because you haven't violated their IP. If you took the floor plan of your house, modified it and posted it on the web as a Toll Brothers' floor plan, they'd have room for trademark infringement.

      And if Above Builders, Inc. used that new floor plan to build homes, there could also be a problem.

      Again, if your house comes crashing down because of your modifications, don't blame Toll Brothers.

    2. Re:Why does this only happen with computers? by mallie_mcg · · Score: 1

      If I buy a ford truck, and jack it up, put a light bar on it, custom paint it, tweek the motor and do all sorts of wacky stuff Ford doesn't sue me for violating their "IP". They don't ask me to take the name off of it. In fact, if I make kits to modify the vehicles they are happy as a clam, as it sells more cars.

      If you buy a car from GM (Holden in AU) and make a body kit for it and sell it as a Forde, i am sure that you would get into trouble.

      --


      Do the following really mean anything? SCSA MCP CCSA CCNA
      --I'm not actually after an answer!
  63. Boycott time! by Anonymous Coward · · Score: 0

    I'm putting up a boycott page on my web site. Let's shut these fucking Lego pricks down! We need to teach these evil, greedy corporations once and for all what happens when they let their lawyers get involved.
    My goal for 2001 has just become, "To see Lego Corporation go out of business".

    Hackers unite!

    1. Re:Boycott time! by Anonymous Coward · · Score: 0

      Agreed, brother! I'm going to look into starting up a boycott-lego yahoo groups list. I'll get back to you with the details. Let's take these bitches down!

  64. Congratulations!!! by Anonymous Coward · · Score: 0

    I would like to congratulate the author of this bit on a highly successfull troll.

    You win the Gordon's Fisherman Award for Quality Trolling. Congratulations on your achievment!

  65. Spot on... except... by Danse · · Score: 2

    The thing is, he's lumping all hackers together. While Mindstorms may appeal to a wide array of hacker types, among others, not all hackers would react the same to provocation by Lego. The thing about such situations is that it only takes one hacker to shut down their website and get all hackers painted with the same brush.

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  66. When To Quit by istartedi · · Score: 2

    I think maybe guys like Noga just don't know when to quit. OK, he wrote an OS. Great, but then he has to name it LegOS; just to see how far he can take it. It seems like that's what it's all about with hackers sometimes: "how much can I tease the lion before it will break the bars on its cage, come out and bite me".

    So, is it really all about curiosity and fun, or does the same "because it's there" mentality also cover the area of corporate lawyers. Yeah, let's tweak the corporate lawyers "because they're there". That's not smart, it's not constructive, it's not even nice.

    It's probably Legos fault for not drawing the line sooner. That's what happens sometimes when you try to be a "nice guy". People walk all over you, tweak your nose, spill milk on you, take your lunch money--just because they can. Hmmm... maybe hackers are taking *revenge* for their childhood struggles. At any rate, If I were Lego I'd order a cease and desist on the trademark infringement, and make sure people knew that using a 3rd party OS voided the warranty. I wouldn't knock myself out to maintain backward compatability for the next release, but at the same time I wouldn't knock myself out trying to encrypt the code or enforce some DMCA-style anti-cracking law. In other words, I'd walk that "fine line" like they were talking about.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  67. Why should they sue? by codeforprofit2 · · Score: 1

    They get free labour, thats the ultimate workforce for any company.

  68. Ofcourse not. by snake_dad · · Score: 2

    But then again, Linus did not name his operating system intelOS...

    --
    karma capped .sig seeking available Slashdot poster for long-term relationship.
  69. how about this situation? by AnotherBrian · · Score: 1
    Say a company, oh let's call them "Macrohard", makes a computer and wanting to round things out, writes some operating software to make the whole thing work. Let's also say that the computer costs $1000(for the hardware) and because they had to pay some geeks to with the OS, they charge $200 for that. People love it and gladly shell out $1200 for thair product.

    Now you need an OS if you want your computer to be more useful than a door stop, so Macrohard sells the OS and PC as a package deal ($1200 bucks).

    Everyone loves this deal except for one guy who loves the flightless emus and is named Cledus. He wants better software and his favorite color is not blue! So Cledus writes some code and turns it into a kick-ass OS and people love it AND he gives it away for free. He calls his OS... Cledix (cool name). Cledix becomes very popular with other people who love emus, thus bring in a whole new market for Macrohard's products.

    So now Macrohard is, instead of giving him a pail of cash for giving them all this new bisness, they threaten to sick the lawyers on poor Cledus. Macrohard says that they own the copyrights on all the functions and calls that allow the OS to talk to the hardware, and they do, but that's not the point. "The point is", quoth the founder of Macrohard, Mr. Law Fence, "Cledix is a terrible threat to our company, it alters the way our hardware preforms [forgetting to mention that it works better running Cledix!], makes people think that we endorse this 'Cledus dude' and his OS [also forgetting to say that the PCs are not shipped with Cledix and that you need to spend some extra time to install the other OS]". But "most of all", says Fence, "it cuts into our profits, and we will not tolerate [fair] competition! [again forgetting that Cledus has increased thair profits by drawing in a whole new sector of PC consumers] Oh, I almost forgot to remind you that Macrohard does't sell it's PC ($1000) separately with it's software ($200). This means that you HAVE to pay for a copy of the Doors operating system when you buy a computer! The upshot of all this it that Macrohard does NOT lose money, thaie brand name is NOT diluted because if you are using Cledix it is quite obvious, you had to install it yourself or coax a geek out of the server room with promises of highly caffeinated soda to do it for you. They can easily ignore the issue of tech support, if they want to, by reminding users that changing the OS voids the warranty.

    I hope the above gave you something to think about. My bet is that the Mindstorms people will talk/beat some sense into the corporate goons and get them to back off. They should be praising people like Dave Brum and Markus Noga!

    1. Re:how about this situation? by bhudda · · Score: 1

      Yeah, but to point out the flaw in this analogy, Cledus did not name his product "Macrodix".

      It seems what has been said is that the programmer infringed on a naming right. Of course the lawyers are going to try to kneecap him however they can to protect the Lego name. If that means stopping him via IP infringment, then the goal is completed - just in an over kill sort of way.

      Crap, if they can just sue him into long term bancrupcy, they will to protect the Lego name. As it has been pointed out, many businesses have gone under or nearly have gone under - just for loosing a trademarked name, like yo-yo.

  70. What's in a name? by nichughes · · Score: 1
    Lego have been pretty chilled about the whole hacking thing, so why insist on going that one bit further and use a blatant rip-off name just to rub their noses in it? This looks like just the sort of dumb behaviour that will persuade other companies not to even try and let the geeks play.


    If they want you to change the name - and I'd not rely wholly on the word of this article - then I think you have a moral duty to change it. I know who I think is biting the hand that feeds them here.


    --

    Nic

  71. Trolling by luge · · Score: 1

    Maybe this is something that needs to be made clear- Business 2.0 was trying to stir up controversy, pure and simple, when they said Markus was trying to 'rub Lego's nose in it' when he chose legOS. That's simply not true- the article is trying to make a mountain out of a molehill. legOS was always an obvious choice for an OS name, and that's why he went with it. Lego representatives (at the time) assured him that it was fine. Their public denial that they ever made those private assurances (which they did make) is part of what irritates me about this piece- sounds like they were trolled into it by the Business 2.0 people, not by anything Markus actually did (esp. since he hasn't done anything public with legOS in ages.)

    --

    IAAL,BIANLY

  72. Simplest way out of this by Simon+Brooke · · Score: 2
    ... would be for LEGO to give Markus a license to use their trademark for the operating system. That protects their trademark rights (because he can no longer be seen to be infringing) and keeps everyone happy.

    [Declaration of interest: I run LegOS on my robots].

    --
    I'm old enough to remember when discussions on Slashdot were well informed.
  73. Time to buy some Lego by bhudda · · Score: 1

    Well, if this article has done one thing, it has made me want to go out and buy me some legos.

    Now to wrangle up some extra cash for them, after I spent it all on building up my computer.

  74. MS using Artificial Intelligence - if any.... by northwind · · Score: 1

    Great story.
    It shows that when you invest in R&D then by applying the right level of protection and not just mindlessly subscribe to subintelligent statements like "Why should companies invest in R&D, if the secrets they spend years and millions of dollars to develop are shared freely over the Net?" (which I find just as antiquated as dino's and the USSR), then you will be a success
    LEGO made the right choice here in protecting only to the extend of the reasonable, by refusing to make unresonable decisions. Maybe new companies like MS should learn a bit from some of the old companies?

  75. Less buyers of Lego's? Is that a good thing? by LifesABeach · · Score: 1



    Would Lego make more money by restricting use, or access to their product? I think not.

  76. Somebody mod up this response! by John+Harrison · · Score: 1

    I can't understand why the post by Above is currently rated +4, Insightful and the much more intelligent response is only +1.

  77. Dumb Article by james(honest) · · Score: 1
    The company pretty much has to sue of the trademark infringement because if they dont, they loose the trademark.

    However, writing that they could sue the guy because he wrote code that runs on their hardware is rediculous.

  78. A Clarification from the LEGO MINDSTORMS team by legomindstorms · · Score: 1

    Clarification from the LEGO(R) MINDSTORMStm team

    Those of you who have read or heard about the recent article on LEGO MINDSTORMS in Business 2.0 may be wondering what our position is regarding third-party programs such as LegOS. Truth be told, we were also somewhat surprised by the article, which doesn't really represent our views and misquotes several LEGO employees.

    So here's the deal: the LEGO Company does not have a problem with people writing their own software and code meant for use with LEGO MINDSTORMS products. In fact, exactly the opposite -- we absolutely love what people have done to extend the possibilities of LEGO MINDSTORMS. Taking something apart, putting it back together, making it into your own creation that does what you want it to do -- this is what LEGO is all about! We feel very strongly that extensions and modifications by independent programmers have made LEGO MINDSTORMS a much better product.

    We'd like more people to be aware of the tremendous possibilities of the RCX brick and all the great work people in the global LEGO MINDSTORMS community have done -- tools like NQC, pbForth, LegOS, etc. In fact, we recently decided that we wanted to add a links page to the official LEGO MINDSTORMS Web site, highlighting the different third-party programs and tools out there.

    This new proposed page, along with some reorganization in the LEGO MINDSTORMS team, prompted a close look at the company's relationship to third-party programs. If we wanted to link to non-official software, what kind of disclaimer did we need? We discussed what we wanted to do with our legal team: the sites we wanted to link to, and the various third-party programs, applications, and operating systems available on the net. The point of concern that came up was not the development or distribution of these programs, but the use of our trademarks in some program names.

    Again, not a problem with the programs themselves, or with hacking LEGO MINDSTORMS software and hardware in general. To be absolutely clear: we have never sued, are not suing, and do not contemplate suing anyone for taking apart LEGO MINDSTORMS and writing their own code to extend the product, or for distributing that code for free.

    Trademarks can be diluted -- and therefore decline in value -- if they are frequently used in connection with products and services that are not created or authorized by the trademark-holding company. If trademarks become diluted, the company no longer has any reason to create more products that bear those marks.

    As a result, there are certain words that we absolutely must protect for the sake of our business and the future of LEGO products. These words are our trademarks: LEGO, MINDSTORMS, RCX, and Robotics Invention System (RIS). Many enthusiasts and observers on sites like Lugnet and Slashdot have recognized that there are very good reasons why have to limit the use of these words. If we don't defend these trademarks, there's a chance that we could lose them in the future -- because trademark owners are required to supervise the creation of products bearing the trademark. There's also a possibility for confusion in some people's minds about whether a program that uses these trademarks is an official LEGO product, whether the company is responsible for its performance and support, etc.

    For these reasons we have now asked and will continue to ask that the authors using these trademarks in the names of programs, operating systems, etc. change the names in all future versions. We're not asking that all existing copies of the software be renamed, or anything extreme like that; we simply ask that you not use our trademarks in the name of your programs, just as we ask that you abide by the Fair Play Policy posted on our site (http://www.lego.com/info/printfairplay.asp) when using our trademarks on Web sites.

    Below is a copy of the letter that we are sending out to the authors mentioned above. Note that LegOS is one of these programs -- although we are aware that it can be split into "Leg" and "Operating System," the similarity between "LegOS" and "LEGO," considering LegOS is designed to work with LEGO products, is simply too great to ignore. Note also that there are many names out there in the community which do not infringe on trademarks at all: pbFORTH, Gordon's Brick Programmer, etc.

    We sincerely hope that all of these programs, operating systems, and other third-party tools continue to be developed and used, and that a change of names is not too great an inconvenience for the contributors and authors of the few programs, which are affected. Thanks for your understanding and support -- and your contributions to an excellent system of robotics.

    We invite replies to this post, or inquiries via e-mail at fairplay@legomindstorms.com.
    Also, please feel free to repost this message in other appropriate forums, mailing lists, etc. -- you can help spread the word about our policy on naming and the reasons for it.

    ------------

    From: LEGO MINDSTORMS
    Date: Fri, 07 Sep 2001 18:06:20 -0400
    To: [author]
    Subject: A message from the LEGO MINDSTORMS team

    Dear [author],

    We wanted to let you know that we're working on a new page for the official LEGO® MINDSTORMS(tm) website (www.legomindstorms.com): a list of "hacker links" to resources around the web for advanced users of LEGO MINDSTORMS. Naturally, we'd like to include a link to your site. The list is sure to generate a lot of traffic and will be at the core of an important section on our site.

    As you know, LEGO tries to protect its trademarks vigilantly. Keeping an eye on our trademarks reduces that chance that the public will be deceived by products that are not created by the LEGO Group and greatly helps us to prevent counterfeiting. With strong trademarks, we can maintain the internal company support necessary to help the LEGO MINDSTORMS line continue to thrive and grow.

    We've seen a number of software applications for use with LEGO MINDSTORMS that use our trademarks in their names. Although we are pretty sure that neither you nor any of the other software authors are trying to fool people into thinking that your software is an official LEGO product, we still have to protect our trademarks strongly. If we don't, there's a chance that LEGO could one day lose its right to protect those trademarks against the real counterfeiters. That's the way the legal world works.

    To get to the point, we must ask that the authors of these applications migrate to new names that do not use our trademarks and, therefore, do not] violate our Fair Play policy (http://www.lego.com/info/fairplay.asp). The trademarks that cannot be used include the following words:

    LEGO
    MINDSTORMS
    RCX
    Robotics Invention System

    We greatly value the contribution that all the LEGO MINDSTORMS software authors out there have made to the LEGO MINDSTORMS community, and again, we're not accusing anyone of malicious wrongdoing; it's just a matter of a few words that have to stay off-limits for the greater good of the survival of LEGO MINDSTORMS.

    Here are some examples of names that are perfectly fine:

    NQC
    Mind Control
    BotCode
    Brick Programmer
    Bot-Kit
    pbFORTH (aka Programmable Brick FORTH)
    Gordon's Brick Programmer
    WebSpirit
    RoboRemote

    We do realize that some of the software applications which do include our trademarks in their names are in wide circulation and would be difficult to remove from all the sites that are distributing them. Therefore, while it is preferable, we are not asking that you try to rename or remove all the older versions of your applications that are out there! We only ask that you rename the current and future versions that you distribute, and that you make a good faith effort to get the renamed applications into circulation.

    We appreciate your support and your understanding. If you have any questions, we invite you to contact us at the email address below.

    The LEGO MINDSTORMS team
    fairplay@legomindstorms.com