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.
And name an OS Winux. . .
You are not the customer.
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.
Wouldn't that be FUNNY if Microsoft lost its "Windows" trademark name because it tries to bully a small company into obeying its will. Ha! This made my day...
Its time to give Microsoft some real competition, if Windows is deemed a generic word its ALL OVER for the microsoft monopoly.
If you use Linux, please help development of Autopac
obviously
This is the word of a troll. Lindows is not obviously in the wrong. Lindows may be in the wrong. You think Lindows is in the wrong.
And if you want to wave your college degree around, do it at one of your hoity-toity extended-pinky tea parties. Don't think that it makes you intelligent, or original.
Synergy is your friend
But if you wanted to use Windows and Linux software at the same time, What would you use?
I guess you are too ignorant to understand that some people like linux better than Windows and want to use ONE OS not dualboot all day.
If you use Linux, please help development of Autopac
Now, I want you to think about this very hard.
Lindows is Linux with some Wine updates to run Microsoft software on Linux.
Linux was created by Linus Torvalds to be a replacement for Minux.
Minux was based off of Unix.
Unix was not a spin-off of Microsoft's technology.
Please, either redraft your statement so it makes sense, or research before talking.
52 Weeks, 52 Religions with John Hummel
However, name recognition is one thing... having money, lawyers, thugs is something else entirely...
I think it will take a little more than name recognition to get Linux mainstream, but it's certainly a good start.
PS: Imagine all the "FreeBSD Is Dying" posts there would be if Linux distributions started this :)
"Ask not what your country can do for you." --John F. Kennedy
From the bottom of the page:
Lindows.com is not endorsed by or affiliated with Microsoft Corporation in any way.
IANAL (*cough*) but if I were, I would read this as an admission that there is a potential for confusion in the mind of the consumer requiring clarification by the disclaimer.
Aren't they shooting themselves in the foot with that?
My poetry site welcomes the unusual.
Homer:[gasps] Look at these low, low prices on famous brand-name electronics!
Bart: Don't be a sap, Dad. These are just crappy knock-offs.
Homer: Pfft. I know a genuine Panaphonics when I see it. And look, there's Magnetbox and Sorny.
The truly important bit is regarding "trademarking of common phrases". I think it absolutely ridiculous that companies can trademark any common word or phrase. Reference a similar suit to this one, Mastercard suing Nader over "priceless" to see this kind of silliness in action. (feel free to find a better article, I just pulled the first item off google)
Basically, I do not condone the use of language "exclusivism". Language, as a whole, does not lend itself well to patentability. Satire, documentaries etc. are protected speech regardless of trademark, although occasionally (as usual) the courts can get confused. In this case it is even more bizarre. Suing over a name sounding the same? Poets beware!
-------------rhad
Slashdot needs to interview Natalie Portman.
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 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.
Sorry, had to say it. ;)
Computer Science is Applied Philosophy
No, it isn't. Microsoft has the benefit of having strong public recognition of both their product name and their company name. Furthermore, it wouldn't kill their trademark on the distinctive Windows flag logo that many people have seen at boot-up for the past 7 years.
I also think that retail stores would be less likely to carry a Linux-based operating system labelled "RedHat Windows". Why? Because anyone confused enough to buy "RedHat Windows" only because of the "Windows" in the name is going to return it the very next day when it fails to "work" (where "work" equates to running all his/her existing MS Windows-based programs; wine or other emulation packages aren't going to be enough to appease a novice end-user who was expecting actual MS Windows).
Finally, I think breaking up a monopoly via trademark is inherently lame. The whole point of trademarks are to allow consumers to be able to differentiate the different products in a given market. I know I'd feel dirty if Linux had to start tricking people into using it.
Think about it this way: it's like the people who bashed the hell out of Star Wars Episode I, but still showed up at midnight in full Jedi drag for Attack of the Clones. There's constant whining and putting-down of Microsoft, yet everything that goes into KDE and Lindows tries to make Linux more Windows-like.
Why must Linux define itself through Windows? It's good enough to stand on its own, last I heard...
(-1, Raw and Uncut is the only way to read)
/If we have to go to trial where the word "windows" will be declared generic, we're prepared to do so."/
Damn that would be sweet. The whole "Windows", "Word", "Office" thing has always pissed me off.
"Lindows was originally a Microsoft product, and Linux was just a spin-off of that ..."
pbfft *sound of coffee spraying over desk*
Microsoft needs to recruit slightly more informed people to post on Slashdot. This current lot they've hired is rather abysmal.
*shuffles off to find a napkin*
Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
52 Weeks, 52 Religions with John Hummel
mandrake(in very small letters)SOFT
Windows XP service pack.
Have commercials telling users its an upgrade from "WindowS"
Demonstrate it in a mall, using a theme which looks exactly like XP.
99.9 percent of all users wont know the diffrence, it will be like coke vs pepsi.
What needs to be done, is marketing, thats what Linux is currently missing, With Windows as a generic name, all the Marketing Microsoft put into it, can be transfered to Linux distros
If you use Linux, please help development of Autopac
But if you wanted to use Windows and Linux software at the same time, What would you use?
That's not the point. The point is that it's a dumb name. It's childish. Nobody, other than uber geeks, is going to buy a product named "Lindows".
It's called marketing. In case you haven't noticed, marketing is kind of important when you run a business.
The whole "Windows", "Word", "Office" thing has always pissed me off.
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http://www.microsoft.com/info/cpyright.htm
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Thanks to file sharing, I purchase more CDs
Thanks to the RIAA, I buy them used...
I originally hated the name "Lindows". I would have prefered a clean break from Windows. However, I'm starting to come around to the name from a marketing perspective. "Lindows" may serve as an enticing transition for Windows-addicts, sorta the methadone of the closed source.
Miko O'Sullivan
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.
int func(int a);
func((b += 3, b));
Time to look in the mirror and start applying more makeup as you are no longer passable...
Anyway, this has nothing to do with bait as most likely the Lindows people aren't enjoying spending time and other resources defending themselves. It is just MS trying to defend a trademark and seeing how far it can go. Also, there is the issue of whether it is "fair" to allow a company to ride the wave of someone else's work in building up a brand.
I think it is an important case. If MS wins then corporate lawyers everywhere will be licking their chops to go after anything that even remotely looks similar to an established corporate trademark...it will be another headache for small businesses.
Microsoft Windows (MS-Windows) is one thing; Linux Windows (Lindows) should certainly be another; Bindows (BeOS-Windows) could be another; etc. The "Windows" part is too generic alone to have exclusive right to use --- the identifier "Microsoft" _plus_ the generic though I think is fair to establish as one's own exclusive trademark.
Lh lood, L Lnti Licrosoft Ltory, L Las Letting Lnti Licrosoft Lithdrawl Lymptoms. Lhank Lod Lor Llashdot!
Okay, maybe thats not quite so funny as I thought it was going to be!
Remember when the courts ruled that the brand name "Webster's" was ruled to be a generic term for a dictionary? Compared to that, this ruling on the "Windows" name seems tame. I mean, at least window is both a common English word and a term for GUI object used across multiple OSes.
Hm... I wonder, if the case keeps going like this, people can name any OS "Windows", as long as they brand it properly: Sun Windows 2001, AOL Windows ver 5.0, Rayonic's Windows Infinity+1 - 'So there, nyah' Edition.
[PowerPoint] is a tool for capitalist presentation
!Windoze (i.e Not Windows...)
Well... It is Friday afterall. I'll spend today polishing my
Light Saber for the battle this weekend...
Redhat Windows, Mandrake Windows etc
This is, I have to say, a brilliant idea. I don't think it guarantees that the Microsoft monopoly is over, as you say, but it would be a very clever marketing move.
I think many people in the Linux world underestimate how important marketing is. Very simple things really, like the language you use, really do make a difference.
You may like to think that marketing doesn't influence you. And perhaps it doesn't. But it influences a hell of a lot of people - that's why companies like Microsoft pay hundreds of thousands of dollars to develop product names like "XP".
Apple. think different. Repeat. Repeat again. Repeat a hundred times. Eventually people make the association between Apple and creativity.
The reason "Redhat Windows" (or SUSE Windows or whatever) would be a brilliant move would be because it would immediately make an association in Joe Publics mind. The billions that Microsoft has spent making people associate Windows with terms such as reliablity, quality, etc., would be transferred to Redhat, for free.
Now, I can here some of you thinking "bullshit, people aren't so stupid", but you've got to remember that we are not Joe Public. Joe Public doesn't understand what we understand, and to you and me, that makes them appear stupid:
Joe: I want to buy a computer.
Sales dude: Oh, this one's nice. It's a Linux machine.
Joe: Oh, no, I want a Windows computer.
Sales dude: Well, how about this one. It's got RedHat Windows on it.
Joe: Oh, is that like Microsoft Windows?
Sales dude: Yes, it's very similar. And it's cheaper.
Joe: Great! I'll take that one.
Thats why everyone returned windows NT and XP right?
If you use Linux, please help development of Autopac
There is another new addition to MS English XP.
window
n.
8 - Computer Science. A smurf like looking rectangular area on the screen that displays Microsoft's own file or message dependently of the other areas of the screen.
The real dictionary term is here.
perhaps, though of late, the number of such preposterous posts seems to have gone up exponentially. In this case it appears he believes this.
More to the point, there are enough people out there who actually believe Microsoft is the raison d'être of PC computing (and I deal with them frequently) that I've started to respond to disinformation a lot more vigorously.
Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
It's not "X windows". It's "X Window System", or "X11R{insert version number here}", or the "X Protocol"...
Only the dead have seen the end of war.
Joe Sixpack was willing to buy Windows2k, WindowsXP etc, I mean even though his programs broke, it was the Windows name that sold those OS's.
The Games may not work as well, But Microsoft marketed it as a new upgrade,
Linux people should market linux as an UPGRADE.
Tell them go ahead and use Windows, but when you are tired of crashing, dealing with viruses, and want freedom to burn cds and have freedom in software choices.
Graduate to Linux.
If you use Linux, please help development of Autopac
By the way we need TV comercials to market Linux like this. Nothing short of tv comercials will work. We need to market Linux to the younger college/highschool crowd not the adults.
Put Linux Commercials on MTV. Make it seem like a huge movement, perhaps complete with protests and people throwinng their windows computers in the trash.
You know, something like what was done for those anti tabacco commercials.
If you use Linux, please help development of Autopac
I also think that retail stores would be less likely to carry a Linux-based operating system labelled "RedHat Windows". Why? Because anyone confused enough to buy "RedHat Windows" only because of the "Windows" in the name is going to return it the very next day when it fails to "work" (where "work" equates to running all his/her existing MS Windows-based programs; wine or other emulation packages aren't going to be enough to appease a novice end-user who was expecting actual MS Windows).
On top of that, a lot of stores have policies against returns on open boxed software.
I'd rather not have people thinking of linux as "the OS that screwed them over"
While technically correct that MS "could loose the final case", I think it's highly unlikely, as you can see from this excerpt of the original order:
Given this, we are just biding time for the fat lady to make her stage entrance.
Windux.com
"'Pocket PC' is a generic term used throughout the industry," company representative Marianne Peterson said to a judge in a near-empty court. "Microsoft is simply not infringing this trademark...and asks the court to dismiss the case." Cnet
"The evidence relied on by Lindows is insufficient for two reasons," said Microsoft. "First, it shows use of 'windows' as the name of a feature, not as the name of a genus of products. Such feature references may show that 'windows' is descriptive of the goods, but not generic. Second, Lindows' evidence shows repeated uses of Windows as Microsoft's trademark. Thus, it offers no support for a finding of genericness." zdnet
Maybe not a complete contradiction, but amusing nonetheless.
For the love of $DEITY, loose != not win!!!!!
finally! i have a simple name i can legally use for those clear things i use to look outside. i was really getting tired of saying, "take a look out the transparent viewing portal" or "please close the invisible atmospheric circulation inhibitor."
char *mySig;
Just add Open Office and you have the "Linux Challenge" all ready to go.
Coke, Pepsi or Lycoris? ;-)
Knowledge is power. Knowledge shared is power multiplied.
They've never used a Secure OS before, So why would they CARE about security? The goal is to place them on linux, not give them "security"
And they expect Wine to be the magic bullet for compatibility with the users software. While Wine is amazing technology and certainly praiseworthy, it's hardly a universal solution. What Transgaming and Codeweavers have done with Wine is excellent in their relevant niches. But to build up expectations that Linux will be able to run pretty much whatever Windows software you throw at it? Not a chance. There's still some Win 3.1 apps that won't run (Distant Suns: First Light is the only one I care about.
WindowsXP doesnt run Windows 3.1 or Windows95 software yet no one seems to care as long as it runs Word, IE, etc.
No, Lindows takes the weaknesses of both OS's in Windows lack of security and Linux's lack of wide commercial software support and emphasizes them.
What really matters is if Linux is more stable than Windows, More powerful than Windows, and offers more FREEDOM than Windows.
Windows users who want Security will eventually upgrade to a better Linux, the goal isnt to give security to people who dont understand how security works.
The goal is to give them stability and freedom and let them decide what to do next. Linux wont crash. Linux wont have DRM, People like to burn their CDs and not have their computer crash.
These people are used to being hacked by tom dick and harry and wont really notice a diffrence there.
If you use Linux, please help development of Autopac
The thing is, 'windows' may be a generic term, but Lindows are not trying to make an operating system that just happens to have a windowing GUI. They are trying to make a substitute for Microsoft Windows. I am sure they will market it on this basis too.
However, in any sane trademark system you'd credit the consumer with a minimal amount of intelligence and assume that Lindows can be distinguished from Windows, as Radiation Dude from Radioactive Man. Who knows, perhaps this will even be the outcome.
-- Ed Avis ed@membled.com
Negative on that. They've got other non-generic trademarks such as Office, Word, Access, etc. How many times do you hear people in your office say a word like that when they access the system?
If you were me, you'd be good lookin'. - six string samurai
This is why nothing gets accomplished, because as a community you silence the cold hard truth, while living in your pipe dream worlds that have linux coming out as the victor. I use linux every day, but defeat windows on the desktop it will never do. Wake up.
Mod me down some more.
This is true. I'm betting you could get away with something like Word. Technically I'm sure the trademark is on Microsoft Word (anyone volunteer to look it up?). RedHat could make RedHat Word with no trademark infringement. Or at least I'd hope so, but I could be wrong, TSR was allowed to trademark the word nazi which seems bogus to me.
I'm the big fish in the big pond bitch.
but defeat windows on the desktop it will never do
Thanks for the opinion Yoda, but remember that's all it is opinion.
I'm the big fish in the big pond bitch.
No, Jobs & Wozniak were responsible for the PC revolution. They produced the first non-kit consumer microcomputer as well as the first mass market GUI.
You're the one revising history.
The "PC revolution" afterwards was caused primarily by hardware companies trying to cash in on IBMs good name. Bill too was trying to cash in on IBMs good name as well. He distinguished himself not so much by being a visionary but by being willing to do anything including fraud and extortion.
Compaq has more claim to the title that you would give to Bill Gates and Microsoft.
A Pirate and a Puritan look the same on a balance sheet.
Never is a long time.
Many of us still remember DOS 6 and all of the associated manual memory management shenanigans. The success of DOS over Macintosh quite clearly demonstrated that success in the computing market has little to do with features or software quality.
A Pirate and a Puritan look the same on a balance sheet.
You are using the term "generic" overbroadly. Perhaps this is due to the shorthand manner in which the term is being used here. "generic" refers to the industry in question, not to society in general. "Deere" is not "generic" when speaking of what "Deere" does (farm machinery).
A Pirate and a Puritan look the same on a balance sheet.
Yes, Apple sued Apple, but not in the way you think.
Apple Records, the Beatles' record company, sued Apple Computer over the name. If I remember right, both Apples settled out of court. The agreement basically said that Apple Computer would keep the name "Apple Computer" and that Apple Computer would never get into the music recording business.
This is, by the way, the origin of the system sound on Macs called "Sosumi". Apple Records was not happy when Apple Computer started adding all kinds of sound capabilities to Macs, which Apple Records thought may violate the agreement. Ergo the cheeky name for the sound -- "so sue me".
cf. Wikipedia
Cheers,
Ethelred
Everyone wants to be Ethelred. Even I want to be Ethelred.
I guess it's a point of perspective. The ultimate core of any operating system is the kernel, in this case the Linux kernel. However, these days people look at the OS at a wider layer than just the kernel.
For example, all the wars about IE being part of the "Windows OS", one may wish to argue that the core of Windows is actually the windows kernels; that's ntdll or user32/kernel32/shell32 and that everything else is built on top.
If you regard the operating system as the layer(s) that allow applications, Windows or Linux based, to interface with memory, CPU and other hardware, then the end result appears that Lindows OS is indeed the core of the Lindows distribution. They've taken what were previously applications/emulators/applications (cf browsers/windows media player/explorer) and integrated it into the operating system to give a better (depending on your perspective) interface that is the operating system
Page 24 of the March 25 ruling: While the court agrees that the Windows mark has acquired secondary meaning, no degree of secondary meaning will save a generic mark... no matter how much money or effort it pours into promoting the sale of the merchandise.
...otherwise a manufacturer could remove a common descriptive word from the public domain...
So "windows", "word", and "office" can't be trademarks. ("Microsoft Windows" is a solid trademark because "Microsoft" is not at all generic.) My only question, if "Windows" by itself can't be a trademark, why didn't this end the case right there?
Could there be allegations that, like "Bolex" watches, Lindows could be sold as a counterfeit MS Windows? I don't know if that would matter even if it was true, once "Windows" loses trademark status, but in any case it's not true and it's not a reasonable sales strategy for Lindows. A major part of their sales pitch is that it ISN'T MS Windows, but is (or will be, someday) better because Linux is underneath. Anyhow, they aren't selling this on street corners, and anyone who didn't understand what they were buying would soon bring it back - so accentuating the difference is in Lindows vendors' best interest.
Yes thats why everyones buying Windows 1.0
I mean why not buy the original product? Why buy the new upgrade?
You cant show the advantages to joe sixpack if joe sixpack doesnt even know what linux is, by marketing linux as an upgrade to windows, joe sixpack instantly knows what linux is, its no diffrent than what windowsXP, and those service packs are.
If you use Linux, please help development of Autopac
I know I'd feel dirty if Linux had to start tricking people into using it.
Me: "Here you go. That'll be $1,500."
Customer: "Wow. That's a lot of money, but at least I now have the fastest computer on the block! Thanks for putting it together for me. Now you did put Microsoft Windows XP on it like I asked, right?
Me: "Uh, yeah. Just click on that little penguin in the lower left-hand corner to start using it. Gotta run."
Remember "Bring 'em on"? *sigh
Hey Hanzo-
Thanks for the unwarrented insult. Feeling bitter today?
If I wanted to use both Windows and Linux software at the same time, I'd be shit out of luck! We all know that Lindows will never achieve this, applications will never run as well on Linidws as they will on Windows. And if I am wrong and things will run equally as well on Windows and Lindows, then it will be because of all the hard work that the Wine developers put in, not because of the mp3.com yahoo!
Now if I wanted to run Linux software on Windows, I could try to compile it meself, port the code myself, check to see if someone else already did it, or just run Linux.
...not enough characters in the "Subject:" line to write "twice" But yeah, they've been in the WSJ twice, and this is post-dot-com era mind you. ZD-Net? Bah... They've got the friggin WALL STREET JOURNAL.
A solution to the problem with music today
Dude, it's all there for crying out loud! http://www.net2.com/lindows/source
A solution to the problem with music today
Have you heard of Click-N-Run? It's full of -- guess what -- Linux apps, with the exception of AOL. They're adding a publisher interface soon so that all of us developers out there can start putting our own open or closed source software on their site, in a user-friendly, one-click-install database of applications.
Although I'm sure that Robertson was very excited to hear that Microsoft was suing him, just because of all the publicity he would get, it does seem like he wants to revolutionize the software industry with a place for software similar to what mp3.com is for music.
A solution to the problem with music today
Me too! That's really irritating.
Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.