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Microsoft Loses Appeal To Shut Down LindowsOS
alphabet26 writes "LindowsOS announced yesterday that a Seattle Judge has denied Microsoft's appeal to shut them down, citing that Microsoft's own use of evidence helped determined "Windows" is a generic word. Lindows.com has posted the judge's seven page ruling on their website." Microsoft is trying get an injunction to prevent Lindows from using the name while the trial proceeds, and the judge has denied them, twice. Lindows could still lose the case in the end, though.
2600's DMCA Challenge Blocked
All that's left is the Supreme Court...
(No, its not really on topic, but while we're talking about losing appeals, why not discuss one that matters)
Microsoft isn't trying to shutdown the LindowsOS, as the article headline erroneously states. They're merely trying to stop them from using the Lindows name. The error seems to be a mistranscription of the Lindows press release, which refers to Microsoft attempting to "shut down Lindows.com" (presumably due to the name rather than the content). Even if Microsoft were to have won, there'd be nothing preventing the Lindows people from changing the name to JdsfhkjashdfkjOS.
I found the most interesting part of the Judge's ruling to be the following:
:)
Microsoft maintains that "Windows" cannot be generic because it is not the name for a class of products. Microsoft's reasoning is flawed because it ignores the Seventh Circuit's case law holding that when a composite term is generic and is made up of an adjective that classifies a noun, the adjective itself can also be a generic form. Microsoft's argument also ignores its own analysis of the Defendant's evidence, which shows repeated references to the composite terms "windows manager", "windowing environment", "windows programs" and several others. Microsoft's outline of the evidence in the Declaration of Timothy L. Boller even characterizes each of these composite terms as the genus for a type of product.
Apparently Microsoft used the very same terms to describe Lindows that they were trying to defend as unique. How's that for shooting yourself in the foot.
The whole "Windows", "Word", "Office" thing has always pissed me off.
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Thanks to the RIAA, I buy them used...
I'm sorry, but I cannot help it.
For one, Lindows goes to great length to distant itself from Linux. In fact, most non-open source people do not even realize there is _any_ relationship between Lindows and Linux.
Lindows *is* Linux. All it is a regular distro of Linux that has renamed everything and drops into single user mode. Others have mentioned how they renamed KWord and a lot of the other KDE stuff.
Then they don't release their source code (clearly violating the GPL). Free Software is all about preserving credit for the original authors and Lindows seems almost to spit in the face of all the people who have worked on Linux.
I don't care if Linux overtakes Windows. I don't care about Windows and the people who use it. I do care about people abusing the hard work that has gone into developing Linux though.
I personally am disappointed that Lindows won here only because I would have liked to see them fade away. They are not good for the community and I can just imagine the harmful effect they will have when they eventually go belly up.
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Whatever their level of altruism, Lindows is definitely going to be released. Their Sneak Peak releases of beta versions have demonstrated that they're serious about this mission and their product. They're very up front about their plans for the product. It remains to be seen if they can successfully compete with not just M$, but also the other Linux distributors out there who have armies of fiercely loyal users. Then again, they're not marketing their distribution to diehard Linux users, but to frustrated Microsoft customers and newbies who can still be persuaded not to succumb to the Dark Side.
Dude, it's all there for crying out loud! http://www.net2.com/lindows/source
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