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SSC vs LinuxGazette.net Continued

Posted by CmdrTaco on from the more-of-the-same dept.

An anonymous reader writes "To update an earlier story about the pending battle between SSC and LinuxGazette.net, it seems SSC has taken to officially asserting a trademark on the term 'Linux Gazette' and is asking them to relinquish the domain name. Interesting to note that LinuxGazette.net has issue 97 out, while SSC doesn't."

6 of 134 comments (clear)

  1. Precedence claims by Llyr · · Score: 5, Interesting
    From the "cease and desist" letter from SCC:
    Specific examples of our use of this trademark go back to 1996

    Ok, but the first issue on LinuxGazette.net is July 1995, so is this claim of precedence bogus or am I missing something big here with respect to the history of this dispute?

    1. Re:Precedence claims by Llyr · · Score: 3, Interesting
      Hmm. I would certainly hope that providing hosting and some support doesn't entitle them to take over the name. That'd be a very dangerous precedent; are we supposed to register the names of any and all web publications just in case it becomes popular and our ISP decides to take it over?

      This (my question above) is a relatively naive take on the matter, but in general the approach to business of initial web publications, especially in the early days of the web, has been very naive. Many pro sites started as volunteer sites. Can we wait until it's popular before filing trademark papers or do we need to file them before we set up the site, just in case?

      Either way it doesn't exactly encourage the grassroots innovation and publication that makes the web a tool for all rather than a big electronic billboard for companies.

      And even if SSC manages to retain the trademark, they've still been violating the copyright of volunteer authors.

  2. Cancel your subscription to Linux Journal by peeping_Thomist · · Score: 5, Interesting

    The only thing corporations understand is money. Cancel your subscription to Linux Journal until SSC abandons this foolhardy path. You can always resubscribe.

    The time to act is now, not after SSC has used the courts to screw over the community.

    --
    Anything worth doing is worth doing badly -- G.K. Chesterton
  3. Re:WIPO by qtp · · Score: 4, Interesting

    But who had the trademark first,

    That's the rub, so to speak.

    It seems that SSC has registered the trademark, but did not do so until they were notified by the LinuxGazette people of the impending move.

    Aparently SSC is claiming use of the trademark since 1996 (LinuxGazette issue 8), when they began providing hosting for the LinuxGazette volunteers. The LinuxGazette volunteers were using the trademark as early as 1995, and continued to do so after SSC so kindly offered to host the site for them.

    IMHO, SSC should screw off. Providing a service to a volunteer org does not give you the right to dictate how they do business and especially does not give you ownership of the work that the org produces.

    --
    Read, L
  4. People, please. by RedK · · Score: 4, Interesting

    Why is everyone bashing SSC ? Okay, fine, it's a corporation going after the little, defenseless contributor who most likely, didn't get paid while giving their labor away. But something you have to note, is that SSC have been running the Linux Gazette since 1996, and it was only this year that the contributors started linuxgazette.net. Check out the domain registration dates :

    Domain name: LINUXGAZETTE.NET
    Record Created on 12-Jul-2003.

    Domain Name: LINUXGAZETTE.COM
    Record created on 18-Oct-1997.

    Basically, the unpaid contributors didn't like where the company was going with the product, and decide to start their own, only they used the same name. Now, IANAL, but if that is not trying to cause confusion in the market, I don't know what is. SSC is in it's right as it's been exploiting the Linux Gazette name for longer, no matter when they decided to register it as a valid trademark.

    Why must the slashbots always criticized corporations. Sometimes the little guy is just being a jerk.

    --
    "Not to mention all the idiots who use words like boxen."
    Anonymous Coward on Monday August 04, @06:49PM
  5. Linux Gazette Issue 8 by Llyr · · Score: 3, Interesting
    On the other hand, issue 8 also contains a post from Caldera talking about their comittment to cooperative efforts in the Linux community and encouraging developers to work with them. I quote:

    This is an Open Development which will result in a Branded UNIX which will be freely distributed on the Internet in source and binary forms.

    A lot has changed since issue 8 with respect to people's intentions....