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Universities Dispute with Red Hat over 'Fedora'

Carl Lagoze points out that a pre-existing software project is already using the Fedora name, dating back to 1998. They're unhappy with Red Hat's claim to the name, and have objected.

58 of 500 comments (clear)

  1. Pot, meet kettle. by fo0bar · · Score: 4, Interesting
    Perhaps Warren Togami should take exeption to Virginia/Cornell using the Fedora name 5 months after the (now Red Hat) Fedora project was started.

    Founded December 2002 by University of Hawaii Computer Science student Warren Togami, the previous Fedora Linux Project is an international team of volunteer software developers united for the development of high quality 3rd party RPM packages for the Red Hat Linux platform.

    1. Re:Pot, meet kettle. by Anonymous Coward · · Score: 2, Funny

      Jebus, it's like the Firebird debacle all over again.

      "You stole our name"

      "No, you stole it from someone else."

      "Umm, we did? No we didn't! We didn't know about it, so it's ours - we don't care if someone had it first. You stole it from us!"

    2. Re:Pot, meet kettle. by fo0bar · · Score: 2, Informative
      Sorry, I should probably elaborate. From reading the university Fedora website, it appears that while work on the project itself was around since 1998, it wasn't actually released to the public under the Fedora name until May 2003.

      Meanwhile, Fedora Linux started in December 2002 as a collection of 3rd party RPMs

    3. Re:Pot, meet kettle. by Skjellifetti · · Score: 2, Informative

      Maybe you should re-read The Fedora(TM) Project's press release...

      There is substantial evidence for prior use of the name Fedora(TM) by the Cornell and Virginia teams starting in 1998. This includes published papers, web sites, software releases, and public presentations.

    4. Re:Pot, meet kettle. by ahillen · · Score: 3, Informative

      From reading the university Fedora website, it appears that while work on the project itself was around since 1998, it wasn't actually released to the public under the Fedora name until May 2003.

      Hmm, I think they are only saying that they released version 1.0 to the public in May 2003. To quote their website:

      " There is substantial evidence for prior use of the name Fedora? by the Cornell and Virginia teams starting in 1998. This includes published papers, web sites, software releases, and public presentations."

      That sounds to me that even before May 2003 they had software releases, a web site etc. using this name (just no 1.0 release).

    5. Re:Pot, meet kettle. by Best+ID+Ever! · · Score: 5, Insightful

      They're all computer software, right?

      The problem isn't necessarily that Redhat is using Fedora -- it's that they're attempting to trademark it, and restrict others from using it.

    6. Re:Pot, meet kettle. by techno-vampire · · Score: 2, Interesting

      I've had a bit of experience with this, in a small software company I worked for about ten years ago. The company researched the name they wanted to use, found it unprotected, and trademarked it. Three months after the trademark was granted, another company objected. They'd been using the name for several years, but never bothered to protect it. At this point, the company's CEO (a lawyer) sent them a letter pointing out that as they hadn't bothered to trademark the name, they had no right to try to close the barn door after the horse was gone. As the two programs had nothing in common except the name, he was nice enough to tell them they could continue to use it as long as they didn't try to use it to compete with us. If Fedora wasn't trademarked, RedHat was completely within its rights to use it and trademark it.

      --
      Good, inexpensive web hosting
    7. Re:Pot, meet kettle. by mbadolato · · Score: 2, Funny

      So by that logic if without Stanley tools my house couldn't have been built does that mean it should be named Stanley/My House? No..

    8. Re:Pot, meet kettle. by AngusSF · · Score: 2, Funny
      I think it should be referred to as the GNU/Linux Operating Environment, and the Linux Operating System.
      I don't think that would be a good idea. It would mean those who run that system would be LOSers.
      --
      "A gun is a tool, Marian. No better, no worse than any other tool. An axe, a shovel, or anything." Shane (1953)
    9. Re:Pot, meet kettle. by brsmith4 · · Score: 2, Funny

      we'd just use the bsd tools instead. there. gnu/problem solved.

    10. Re:Pot, meet kettle. by PhilHibbs · · Score: 2, Informative
      ...that clown who trademarked "Linux" way back
      You mean William Della Croce? Interesting one. However, if it took him 3 years from registering the trademark to attempting to enforce it, I'm not surprised he lost it.
  2. Heavens to murgatroid!!! by eyegor · · Score: 3, Interesting

    Did Darl McBride take over Red Hat when we weren't looking?
    "Fedora is now a trademark of Red Hat, Inc. Red Hat will defend this trademark in order to protect the integrity of The Fedora Project"
    Looks like Red Hat needs to find another name.

    --

    Don't anthropomorphize computers, they don't like it.
    1. Re:Heavens to murgatroid!!! by Fulcrum+of+Evil · · Score: 5, Insightful

      Or maybe they need to realize that it's okay to have a Fedora Linux project and a Fedora (something else) project. Trademarks are only valid for a limited set of things - you can't TM a word and claim domain over all uses of it.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:Heavens to murgatroid!!! by Theatetus · · Score: 5, Informative
      you can't TM a word and claim domain over all uses of it.

      Actually you can, if it's a made-up word. Now that Phillip-Morris is "Altria" or whatever, I can't go and start "Altria Lumber Concern" even though lumber isn't related to their cancer creation service.

      But, since neither party made up the word "Fedora", you may have a point. However, the "field" is generally recognized to be rather broad, for example, "software". If some company decided to call its telephony software suite "Nero Burning ROM", Ahead could still stop them even though telephony and CD recording are ostensibly different fields.

      --
      All's true that is mistrusted
    3. Re:Heavens to murgatroid!!! by Bazzargh · · Score: 2, Informative

      Redhat already owns the trademark on fedora

      Really?

      Its a trademark, not a registered trademark. RH don't own it per se, a trademark is just your assertion that you used it first. Its the legal equivalent of "bagsies".

      -Baz

    4. Re:Heavens to murgatroid!!! by AKAImBatman · · Score: 2, Insightful

      > Microsoft thinks it can use the very generic word
      > 'windows' exclusively across all computer markets

      The amusing part is that Bill Gates' own book states that they were unable to register "Windows" because it was too generic. As a result, they were forced to register names like "Microsoft Windows", "Microsoft Windows 95", "Windows NT", etc. Technically, that means you could build an OS and call it "Bob's Windows".

      However, you might still get into trouble for intentionally trying to cause brand confusion. Microsoft would try to convince a judge that you're using the word "Windows" in your name to trick people into thinking that the OS is from Microsoft. You would probably have to build a case around the concept that "Windows" is a generic term for GUI based operating systems. Unfortunately, the only help you'd get there is "X Windows" which is not actually a brand name.

      IANAL, and this is not legal advice, blah, blah, blah.

    5. Re:Heavens to murgatroid!!! by nodwick · · Score: 4, Informative
      Or maybe they need to realize that it's okay to have a Fedora Linux project and a Fedora (something else) project.
      Actually, as I read the article, U Virginia and Cornell are objecting precisely because Red Hat is asserting that it's not ok to have a Fedora Linux and a Fedora [other software] project. From the article:
      Red Hat's assertion of trademark includes restrictive guidelines on the use of the Fedora name.
      This is understandably a concern for the "other" Fedora if Red Hat is going to make them change their name. If you check RH's Trademark Info page, they do seem to have some cause for concern that RH is going to clamp down on them:
      Except as provided herein, you may not use "Fedora" or any confusingly similar mark as a trademark for your product, or use "Fedora" in any other manner that might cause confusion in the marketplace, including in advertising, on auction sites, or on software or hardware. Any party wishing to use the Fedora(TM) mark may do so as long as they meet two conditions:

      (1) They must only use the Fedora(TM) mark in association with the original Fedora(TM) code found on the Fedora Project website (see http://fedora.redhat.com/) without modification;

      (2) If they charge a fee for the CD-ROM or other media on which they deliver the Fedora(TM) code, they warranty the media on which the Fedora(TM) code is delivered, thus ensuring that the recipient receives a usable copy.

      Emphasis added is mine. The wording of the legalese seems to imply that the next step for Red Hat is to clamp down on anyone else trying to publicize other software (or even non-software products) also named Fedora, even if it isn't related to Linux. Whether that's legally defensible is arguable, but the intent to try appears to be there.
    6. Re:Heavens to murgatroid!!! by jackbox · · Score: 5, Funny

      Trademarks are only valid for a limited set of things - you can't TM a word and claim domain over all uses of it.

      That's right. Surely, anyone who successfully gained Access to trademark rights on common terms would have quite a Project ahead of them! They would need lawyers that Excel at trademark law to defend them. I doubt that any litigator could ever have the last Word on this issue; the Outlook would not be good. But a savvy legal Explorer could open a lot of Windows into to what goes on behind such strategies.

    7. Re:Heavens to murgatroid!!! by cpeterso · · Score: 2, Funny


      but is Emacs an application or an operating system?

  3. Name change by penguinrenegade · · Score: 3, Funny

    Then apparently Fedora needs to change hats...

    1. Re:Name change by AKAImBatman · · Score: 2, Funny

      I think they should call it "Derby Linux".

      ....

      What-da-mean, "derbies aren't as cool"?!

  4. how about the hat.... by caffeinex36 · · Score: 3, Interesting

    seems www.fedora.info is using a hat that looks similar to redhats doesnt it? im sure everyone will throw stones for a while...till the glass house falls down.

    1. Re:how about the hat.... by Tenareth · · Score: 5, Informative


      A Trademark needs to be exact, It's a Fedora (Generic) and it's not red, and it's not pointing the right direction.

      Just ask Rob about the IBM Logo, IBM said that since it wasn't the proper ratio it wasn't a valid Logo. In an old job we got to co-brand with IBM, and the dimensions were defined down to the width of the spaces and blue in the lettering.

      --
      This sig is the express property of someone.
  5. Amazon, etc. by Anonymous Coward · · Score: 2, Insightful

    Should we point out to the university that Amazon is the name of a rainforest, and that the online store should change their name?

    There are many instances where names overlap in different products, companies and places. It's just something that you have to accept and deal with in a free market economy, and especially OSS.

  6. Gentoo by Anonymous Coward · · Score: 3, Interesting

    Kind of like http://freshmeat.net/projects/gentoo/ and http://www.gentoo.org.

    1. Re:Gentoo by Neon+Spiral+Injector · · Score: 4, Informative

      From the bottom of the (file manager) project's home page:

      Gentoo the Linux distribution has nothing to do with gentoo the file manager, except the latter runs on the former. I actually used the name first of the two, way back in September 1998. I've been in touch with the Gentoo folks, and we're cool.

  7. Alternate Names by Vengie · · Score: 3, Interesting

    Blue BabyBonnet Linux
    Raspberry Beret Linux
    I mean really. The attempt at "fedora" from "red hat" was cute.....but it isn't exactly necessary.....
    Pink Sunglasses Linux.....
    Green Visor Linux
    fedora is a "cute" inside joke that most people won't even get. [how many PHB's or joe-sixpacks or even college students do you really expect know what the hell a Fedora is anyway]
    -b

    --
    When in doubt, parenthesize. At the very least it will let some poor schmuck bounce on the % key in vi. (Larry Wall)
  8. In Related News... by Lazarus_Bitmap · · Score: 4, Funny

    Matt Drudge has issued an objection, as he has a program that dates back to '98; a content management tool that auto-publishes sexual innuendo the second it is uttered by obscure, unnamed sources.

    --
    -Laz .:change is inevitable -- growth is optional:.
  9. Re:Maybe Just Qualify the Name by JPelorat · · Score: 4, Funny

    Or they could call it Fez

    --
    Hokey statistics and ancient misconceptions are no match for a good thought in your head, kid!
  10. Pretty boneheaded move on Red Hat's part by Anonymous Coward · · Score: 4, Insightful

    A simple Google search on "Fedora" shows the project as the third result (behind two Fedora Linux results.) If you were going to name your project something, don't you think you'd at least take the ten seconds it takes to do a Google search and make sure you're not taking an already-used name? Fedora (Flexible Extensible Digital Object Repository Architecture) is even trademarked, for crying out loud.

    Somebody at Red Hat needs their ass kicked over this, methinks.

    1. Re:Pretty boneheaded move on Red Hat's part by VisorGuy · · Score: 5, Interesting

      The last entry on the way back machine doesn't show that TM on the FEDORA Project site.

      However, it does appear that they have been using the Fedora name longer than the original Fedora Linux Project, but not longer than Red Hat has been associated with the Fedora.

      --
      This user account is inactive account replaced by the PDA
    2. Re:Pretty boneheaded move on Red Hat's part by forevermore · · Score: 3, Informative
      Fedora (Flexible Extensible Digital Object Repository Architecture) is even trademarked

      Merely adding the ™ symbol after your name doesn't really say more than "I use this name, I call it mine, and I may be in the process of registering it." Unless you have substantial documentation to back it up (which the universities do claim to have), it isn't really legally binding until you register it with the government and that little ™ turns into a nice ®. However, registering a trademark is expensive, and usually takes a long time, so most people just stick with the ™ if they have enough documentation to support the claim.

      --
      Do you really need reason for beer? Wingman Brewers
  11. What took them so long? by brundlefly · · Score: 3, Insightful

    I have no dispute with the university's prior claim.

    But I have to wonder if they have been living under a rock... what took them so long to get vocal about this? RH's Fedora has been on the public radar for a long, long time now.

    1. Re:What took them so long? by payette · · Score: 2

      We have not been under a rock. On the contrary, we have tried to take a diplomatic approach with Red Hat through a series of informal and formal calls, emails, and letters to express our concerns. Since Red Hat has not changed it's position, we decided to make the open source community aware of our views on the matter.

  12. Firebird! by silicongodcom · · Score: 5, Funny

    Just call it Firebird!

  13. Trademarks... by badasscat · · Score: 2, Insightful

    IANAL, but AFAIK you cannot trademark common English words. The example I've always seen is that you cannot trademark the word "orange", but you could trademark a unique phrase containing the word "orange". The Fedora Project homepage linked from the parent article seems to have the *word* "Fedora" trademarked, which I can't see would be possible (and in fact, it's not listed as a registered trademark, just a trademark - so there's no government sanctioning of their trademark).

    I'm not sure I blame Red Hat for this one. A fedora is a fedora, just like an orange is an orange. You can't trademark it. If two companies are using the same word for their software projects, too bad. Protest those who put the word in the Oxford dictionary, maybe... but I don't think there's any real legal claim here.

    And I'll close by reminding you again, IANAL.

    1. Re:Trademarks... by javatips · · Score: 4, Informative

      You can trademark common english words if the product/service the trademark will be put on is not related to the meaning of the word.

      I can trademark "Truck" for some software product but not for a vehicule.

  14. New Fedora Name Poll by gekkotron · · Score: 5, Funny

    1. Bowler
    2. Beanie
    3. Tinfoil
    4. Fez
    5. Toque
    6. Skullcap
    7. Helmet
    8. Cowboy Neal's AssHat

  15. Re:Maybe Just Qualify the Name by RLW · · Score: 2, Funny

    Awsome name. Then RPM's should be called mini-carts.
    Who wouldn't want that ?

  16. A Rose By Any Other Name by Eberlin · · Score: 2, Interesting

    Well, can't use "Pink Tie" if I recall correctly, as that's what cheapbytes used to sell what would have otherwise been a Red Hat distro.

    How about calling it "The Distro Formerly Known as Red Hat Linux for Consumers?" -- or "|" for short? Instant recognition from avid *nix users...yet geeky enough to separate the "in-crowd" from the strictly-windows folks.

    The ironic thing about this is that Fedora is supposed to be the community edition of Red Hat Linux (so the PR wants us to imagine as opposed to bluntly being beta testers of RHE) -- it really isn't good press to be creating negative buzz in the community.

    That said, I'm running a downloaded version of RH9 and wondering how things will go from there.

  17. USPTO Link by Gunfighter · · Score: 5, Informative

    Click here to view the status of Red Hat's Trademark filing.

    --
    -- Stu

    /. ID under 2,000. I feel old now.
  18. Not clear when they started griping by Spinality · · Score: 2, Informative

    They may have just gone public, but their site says "The Cornell and Virginia teams have taken a number of steps to try to work with Red Hat regarding use of the name Fedora(TM). At this date, Red Hat has refused our request...." My guess is that they started waving their hands as soon as it became public knowledge, but as usual it took a while for everybody to hear about everybody else -- by which time it's a little late to get the toothpaste back into the tube.

    --
    -- We all have enough strength to endure the misfortunes of other people. La Rochefoucauld
  19. How about Phoenix? by el-spectre · · Score: 2, Funny

    Just a thought...

    --
    "Faith: Belief without evidence in what is told by one who speaks without knowledge, of things without parallel." - A.B.
  20. Cowboy Linux! by moronikos · · Score: 2, Insightful

    The ought to name it after the cowboy hat, our President (in the U.S.), and after Cowboy Neal!

  21. fedora.info lies by oldstrat · · Score: 5, Informative


    A search at the US patent and trademark office lists 4 registered trademarks with the word fedora in them.

    . 73467748 Feb 28 1984 Fedora Cafe and Bar
    . 78296509 Sept 5 2003 Red Hat
    . 78268874 June 30 2003 cosmetics
    . 78312293 Oct 10 2003 Chemical Data Software

    The fedora.info site of the complaining fedora project is using a tm symbol next to thier name on the site, but they have not registered it with the US trademark office.

    It is not exclusively trademarked for software by fedora.info.
    This could be forgiven of a small independent group, but this group is a co sponsored project, part of Cornell University and University of Virginia both of which I am sure have strict policies about things like Trademark, copyright and patents. And both have the legal staff to handle it.

    Sorry but they won't get any sympathy from me, and no support from the law.

    Trademark is not like copyright law, you must register to get exclusive control for a product in a market.

    1. Re:fedora.info lies by GammaTau · · Score: 4, Interesting

      The fedora.info site of the complaining fedora project is using a tm symbol next to thier name on the site, but they have not registered it with the US trademark office.

      As far as I know, there are basically two ways of getting a trademark: the first is by registering and the second is by using something commercially long enough for it to become clearly associated with a company or a product. The first kind of trademark is denoted by having an R inside a circle whereas the second is denoted with the small tm symbol.

      In other words:
      (R) = Trademark through registration
      tm = Trademark through established use

      Using the tm symbol in the press release is consistent with their position because they're saying that they have become associated with the name 'Fedora'. They can have a trademark claim to the word even when they haven't registered it.

      Disclaimer: IANAL etc.

    2. Re:fedora.info lies by Alan+Cox · · Score: 3, Interesting

      If you look at archive.org wayback machine you will also find that until after the trademark filing by Red Hat they were called "F.E.D.O.R.A." - without a tm, which is an acronym not a trademark.

      Makes you wonder which computer companies sponsor their research

  22. Re:This brings up an important point. by jrduncans · · Score: 2, Insightful

    The university isn't making a trademark claim. Redhat is, which is going to prevent them from using a name that they've been using for quite some time. The Fedora Info project appears to be ok with Redhat using the name "Fedora", but they're not ok with Redhat trademarking it, as that would interfere with their continued use of the name Fedora. All clear?

  23. Re:Maybe Just Qualify the Name by T-Ranger · · Score: 2, Informative

    The name of the (F)orgin (E)xchange (S)tudent on "That Secenties Show" is FES. Or rather, thats his nickname; his real name has never been disclosed.

  24. Fedora IS a hat by macdaddy · · Score: 4, Informative
    Fedora is a type of hat.

    fedora ( P ) Pronunciation Key (f-dor, -dr)
    n.

    A soft felt hat with a fairly low crown creased lengthwise and a brim that can be turned up or down.

    That's probably why Cornell's Fedora Project uses a hat as a logo and why Redhat chose Fedora as a project name.

  25. Re:Who cares? by Anonymous Coward · · Score: 2, Informative

    I've used Fedora on my home system and I thik it's pretty slick. It's definately a step up from RedHat 8 or 9. Did you read a review on slashddot to base your opinion? Try it for yourself, then decide. Doesn't Fedora allow you to roll out your own up2date repository, so as long as you can build your own RPMs and put them in there, you could have all your desktops update to the same software without having to rely on RedHat's very short product life cycle to keep support for your OS. Basically Fedora makes it more Your OS then RedHat ever did. This is especially attractive to the network admins who are running many linux desktops and want to roll out their own packages. I got to say that I love it.

  26. Wait, Taco! by Call+Me+Black+Cloud · · Score: 2, Insightful

    Before you send off those interview questions to Matthew Szulik, I think there may be one or two new ones that would be appropriate...

  27. Before you name a project, USE GOOGLE!!! by G4from128k · · Score: 2, Insightful

    I'm always shocked at these types of naming farces. It is so easy to run a search on any name and determine prior uses. Besides a search engine, other good sources of prior uses of name include any online yellow pages, whois, and the USPTO Trademark Search. A bit of searching before deciding on a name can help prevent these types of trademark infringement problems.

    --
    Two wrongs don't make a right, but three lefts do.
  28. Re:Possible Alternatives For Redhat To Consider by mrscorpio · · Score: 2, Funny

    I suggested this a long time ago - Head Rat Linux.

    Chris

  29. All the good names are taken by Kombat · · Score: 3, Insightful

    The problem is that all the best names are already taken. Some are taken by real companies selling real products, others are taken by obscure one-man-shop programmers. RedHat wanted a cool name for this new product, and realized they'd have better odds picking a fight with a ragtag bunch of students than with a real company with real resources to invest in a legal battle.

    I think they're right. Seriously, all the best names are taken. If you're going to create a new product, the best you can hope for is that whoever has already created a product with that name didn't really do much with it, and will be willing to sell you the name (or not put up a fight when you take it anyway).

    --
    Like woodworking? Build your own picture frames.
  30. Why not use my name? by Bowie+J.+Poag · · Score: 2, Funny



    Being strong, reliable, and slightly bloated myself, I feel my name would be a wonderful alternative to "Fedora".

    Just thinking ahead. ;)

    (By the way, stop sucking, Red Hat. Seriously.)

    --
    Bowie J. Poag

  31. Fedora prior art? by Quixadhal · · Score: 3, Funny

    Indiana Jones is reportedly suing Red Hat, Inc. for casting his trademark headgear in a bad light. Doctor Jones's lawyer says that the term "Red Hat" could also be subject to trademark, as one of Indy's seldom worn spring outfits featured a red fedora.

    In other news, Darl McBride was seen running amuck in the downtown area, stealing any hats he could get his hands on while screaming 'They're ALL MINE! MINE!!!'

  32. I can't think of any... by lostchicken · · Score: 2, Interesting

    When have trademark cases actually been won by the big guys? When has a major company had to rename a product, after it had shipped? I'm sure there are examples, but I can't think of any.

    --
    -twb