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LindowsOS.com Email Lists Collected For MS Suit
Over at the LindowsOS website is a message from company chief Michael Robertson, who advises readers that, in the course of discovery for the ongoing lawsuit instigated by Microsoft against Lindows.com, the company was "compelled to disclose your email address to Microsoft." The email addresses aren't just those who have submitted product names with a connection to "Windows", but rather "everyone who had
submitted their address asking to be signed up for the Lindows.com mailing
list since we turned on the website," according to email from Robertson. He adds: "The information which Microsoft
received in the list was name, email address and physical address. It was
not just people that posted to our forum, but basically every address for
every person that we had collected." (Note: If you'd like to contribute to the list of "Windows" products, it would be helpful to include more than just a product name photocopy -- e.g. a company name, URL, or photocopied manual.).Update by HeUnique: And here is Michael Robertson comment.
What possible use could that email list be in a trademark case? Additionally, how can MS force them to hand over the addresses and even some of the messages when the Lindows privacy promise explicitly said they would do no such thing? (Yes I am aware the promise wasn't written for this purpose, just seems like it should have an effect.)
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...is that Microsoft has a very high chance of winning this case.
For example, take a look at the list of other product names that have "Windows" or something similar in them. All of these products run on Windows. They aren't a competitor to Microsoft's core operating system business; rather, they enhance that market by providing valuable third-party add-ons to Windows.
Lindows, on the other hand, is obviously capitalizing on the popularity of Windows. To make matters worse, Lindows has a real problem becuase the name is phonetically so similar to Microsoft's product. Try to say "Lindows" out loud in a sentence. In fact, try saying the following out loud to someone else and see what they think you said:
"Lindows is an operating system that runs on your personal computer."
In fact, this is the worst possible outcome for Microsoft, because they HAVE to sue to protect their trademark. Suing a) creates negative publicity for Microsoft by geeks who think Microsoft is just trying to lay the smack down on a smaller competitor; and b) creates a lot of publicity of something that may be a threat to Microsoft's core business.
I would hazard a guess that this lawsuit will generate more publicity and hype for the-soon-to-be-former-"Lindows" than the product would have on its own. Had it not been named so similarly to Windows, I doubt that many people outside of the geek community would have even paid attention to it. As it is, even though it costs $99 per user and can't run everything as well as the real Windows, it still puts egg on Microsoft's face.
It must really stink for Microsoft to have to give tons of free publicity to a direct competitor. I'd look for Microsoft to push for a quiet settlement and get the "Lindows" pill swallowed as quickly as possible.
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because the trial court is likely in WA. IANAL but this is just discovery phase, the material is supposed to be used in a trial. Probably as a proffer to prove one of the requirements of trademark infringement cases. M$ has to at some point in the case, prove that LindowsOS was actively marketed. Since the don't seem to have actually delivered anything and taken no money in return, this will be a major point of the trial. Pre-trial publication is not going to happen within the state. Most likely, the judge will allow a statistical summary of the email list and declare the rest to be confidential information not to be released.
Of course, if this list does get beyond the M$ laywers computer, or placed into publice record by the judge, it could get real bad for anyone who put truthful info on the lists.
Either way, it might be a good time to start being an Anonymous Coward.
Using every legal, market, technology and political process for its own ends is the definition of M$ current business practices.
Why don't the Lindows people subpoena MicroSoft's customer list? I'm sure they could find out a lot of potentially useful information from MS customers. Er, useful in the court case, I mean.
Given MS's record with getting the courts to like them, it doesn't sound too implausible that the court would order them to comply (or drop the suit).
It's true that MicroSoft has a good case here, but that doesn't mean they won't mess it up. They seem not to have realized that, while justice is theoretically blind, it can still you giving it the finger.
As to the actual trademark issue, Microsoft calls their products "Microsoft Windows XP Professional" and we call ours "LindowsOS". There is no confusion.
Also, Microsoft is alleging that anytime someone uses the word "windows" that means Microsoft. Take a trip to your local computer shop and see for yourself how many products are called "Windows something" on the store shelf that AREN'T endorsed by Microsoft in any way and yet aren't sued.
Apparently, when it's convenient for them, Microsoft claims that any use of "windows" is an infringement and unleashs their 600 person legal department and Bill's dads 350 lawyer firm Preston Gates as well. But only at rare times when its a convenient measure to block competition and chase away potential funding sources.
If you're helping extend their monopoly through use of windows term or not a perceived threat, then your use is ignored. Not a bad strategy to continue their hold on an illegally created monopoly if the courts will let you get away with it.
-- MR