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SSC Trademark Threats vs LinuxGazette.net
Zelligar writes "You may want to check into the brewing trademark issues between SSC/linuxgazette.com and the linuxgazette.net people - linuxgazette is a volunteer gazette, hosted by SSC for a while, and now SSC is taking it over - and threatening trademark litigation to boot!
Here is one story and another on the subject."
> linuxgazette.com was first, and linuxgazzete.net is a ripoff of the .com
Of course the website "linuxgazette.com" existed before; but now many (most? all?) of the volunteers who ran this project (and who see themselves as "Linux Gazette" have created a new site, since the old one is no longer under their control. The company who once offered to host it now claims to own it. Read the linuxgazette.net side of the story at http://linuxgazette.net/issue96/reborn.html
Quote:
"SSC, the company who had been hosting - and, to some degree, supporting - our efforts since shortly after the inception of the Gazette has decided that it somehow belongs to them, to change, adapt - or to destroy - at their pleasure."
> The law. That's how it works, braniac.
But how do you know that the company is the rightful owner of the trademark and can do what it wants with it, without knowing about the agreements SSC had whith the linuxgazette people?
But according to Rick Moen. http://lwn.net/Articles/58065/
LinuxGazette was founded by a group, it was hosted independantly for a short period of time.
SSC provided hosting for many years and things got closer. They even paid for some writers.
Now they are leaving, and taking their name with them.
SSC thinks they own LinuxGazette, The volunteer group does not.
I think it will be interesting to see how SSC proves they own the name.
1. Linuxgazette.com is taken over by an entity with the power to do so. (Because it provided sponsorship and hosting)
2. The original contributors, believing themselves to be the real Linux Gazette, move the site to a different hosting service, grabbing LinuxGazette.net to use as the domain service. They feel justified in doing this because they consider themselves, the actual authors of the magazine, to be the magazine.
3. Because they believe themselves to be the magazine, they have no problems using the name and logo.
4. The sponsor and host of the "old" LinuxGazette is taken aback by this and the fact that it had less control over the magazine than it thought, and tells the contibutors to at least disassociate themselves with the original.
5. Threats fly.
I suspect the truth lies in the middle. Either way, neither has a legitimate legal claim to the LinuxGazette name unless they've negotiated with Linus Torvalds who owns the Linux trademark. The .net people have probably the easiest exit, and therefore should probably be the people to buckle, not out of legal or (otherwise) moral requirement to do so, but to minimize confusion about what are clearly two seperate entities. That might be something as simple as calling it "NewLinuxGazette" or "RealLinuxGazette", if they feel strongly about what they see as having their publication taken from them.
You are not alone. This is not normal. None of this is normal.
If it were just another Linux portal, the site would be fine.
However, Linux Gazette (the concept) has a history, a history of being a monthly webzine. I've looked forward to being able to browse each issue, not having to be in a hurry lest I miss something. And the archives make for good reference material.
The change would be the same as if Slashdot came out once a month. That doesn't make sense either, does it?
Anything is possible given time and money.
Just come up with a better name announce it on Slashdot with the URL and all is good. SSC can rot in hell with the "Linux Gazette" name.
I didn't use the preview button, so get over it!!!!
Mike
Yes, it is interesting that SSC chose to register a trademark on the day they received a letter indicating that the entire Linux Gazette staff was moving the content from linuxgazette.com. In addition, the trademark record lists the first use as 19950701, a date before SSC was involved in Linux Gazette.
This is not much different from hijacking a domain. Although SSC is listed as the owner of the trademark at this point, given that SSC may have copyright violations on its site, the trademark may well be open to challenge. The process could be that similar to how Linus Torvalds was awarded the Linux trademark.