Slashdot Mirror
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.
If you don't like the judge, appeal or sue again!
The courts will take your money to file another case.
I don't know why the company would pick a name like Lindows, though. Thats like those movies that are hyped up as "If you liked X you're gonna love Y." Or "The best ___ since X." Everyone I know who reads something like that immediately moves on. Rather than selling themselves as a cheap immitation product they should try and sell themselves as a better alternative that happens to also be much cheaper.
This seems especially silly when they have to fight legal battles for the right to use a bad name. Even if they win it's going to cost them a fortune.
I'd just move on and make a big anti-Microsoft PR stunt out of Microsoft trying to pressure my compnay legally. You'd be getting articles in all the ZDnet type news sites, where it seems Lindows target audience hangs out. They'd talk first about the big MS v. Lindows and Linux in general thing plus they'd mention your new snazzy name. Then the reviews start rolling in when the reporters have nothing to talk about because they get a review and a chance to drag up old MS v. Linux garbage. I guess they get all this now, but I think the costs would be a lot less the other way.
Plus, you have to admit the only reason they are using the name is to trick people into using their product. The name basicly says "Like Windows? Try Lindows." Without MS, they'd have no reason to name their product that.
I think Lindows has every right to use that name, and that Microsoft should eventually get in trouble for trying to take over common words (Windows, Word, Office .. when all that MS should have the right to trademark is Microsoft Windows, Microsoft Word, Microsoft Office).. especially since MS didn't even invent the idea of a window..
However.. would it really be that hard for lindows to just fricking change their name? I mean, Lindows isn't really even a great name, and they wouldn't be losing anything by coming up with something more original or interesting. It's not like they have any established customers to confuse by a name change. Why is this worth the bother to them? The ONLY possible reason i can come up with that Lindows is fighting this stupid legal battle over the name "Lindows" is that they don't have a particularly exceptional product, so they're just picking a fight with Microsoft as a particularly expensive form of advertising-- news articles about the Lindows court case == publicity, and good publicity.
Anyway, that said, my suggestion to LindowsOS' lawyers is that you take the tack of claiming that Lindows is a parody of MSWindows. If MAD magazine can get away with this, so can you. This isn't a particularly good legal defense, but it would be really funny if it worked.
What's ridiculous is the misuse of trademark law. Suing over a name sounding the same might make perfect sense, for example if somone started selling "Zerox" photocopiers. Suing Nader over "priceless" is silly, as you say.
Like any other algorithm, laws don't work very well outside the area they're designed for.
What I wonder about are the implications for "Word", "Chart", and all the other common words Microsoft has chosen to use as trade names.
That because there is nothing wrong with Windows. The software does what it does good. i.e, plays games, runs productivity software and is generally easy to use.
The problem is Microsoft and their pricing scheme, EULAs and general nastiness. If the software portion of their business was run like their hardware portion (keyboards, mice joysticks), they would be much better company.
The more I read about "Lindows" and other wannabe Windows retrofittings for Linux, the more I wonder about the psychological health of the (wannabe Windows) Linux community.
... seemless and (as) painless (as possible for any) migration from a legacy, monopoly OS to a more sustainable, open and free(dom) alternative.
Nonsense. It is merely a migration tool, nothing more. Many large enterprises would like to migrate away from Windows, particularly with Microsoft's new, extortionate licensing scheme, but they can't do so overnight in a "cold turkey" fashion because they depend on too many custom or niche applications that do not run on GNU/Linux, or at least didn't until Wine, Codeweavers, Transgaming, and Lindows came along.
Others want to migrate, but don't want to retrain their workers for a new OS. The Lindows folks saw an opportunity and jumped. I won't ever run their distribution, but many very well may, and they'll be getting something the other distros those of us more savvy prefer doesn't offer them
Someone saw an opportunity and decided to package up and market a GNU/Linux distribution to take advantage of that opportunity and make a few bucks. No deep or sinister freudian psychology involved, just simple, free market economics.
The Future of Human Evolution: Autonomy
Oh well... I went looking for the link but can't find it right now. It was on slashdot a few months back -- Linus does enforce the trademark, but not in such a way as to keep people from using it. IIRC, he basically says as long as you're using it to promote linux he's not going to sue you. But I believe there have been a couple of instances where his lawyer or someone has actually filed suit against companies that use it incorrectly. I think if MS used it in a name like that they'd find themselves on the losing end of a lawsuit very quickly.
Somebody post that link if you know where it is -- I spent the last 10 minutes on google looking for it.
I do not read or respond to AC's. If you want a discussion, log in. Otherwise, don't waste your time.