Lindows Changes Name to 'Linspire'
Robert Nicholson writes "As previously covered, Lindows has decided to change its name thanks to Microsoft legal threats. Well it has just announced the new name - Linspire - clever, huh? There's a site at Linspire.com. The full story and the history behind it all are covered on Techworld."
That left the way open for Microsoft to chase the company all over the world's courts and effectively knock it out of business with huge legal costs.
This sheds some light on the real reason that they changed their name. I doubt there's a single company that could handle being dragged through the world's courts by Microsoft, let alone a small one like them.
This led to the daft situation where Lindows renamed itself Lin---s, complete with new website. Microsoft, unbowed, then incredibly claimed that Lin---s was its trademark as well.
This one just makes me say wow... Microsoft actually thingks they can claim the rights to "Lin---s"? Talk about power hungry.
Also, if they have changed their name and everything, then why does www.linspire.com have "LindowsOS" plastered all over the place? I guess it will take them a while to implement the actual name change.
Wireless News www.DailyWireless
But Lindash was better. I think we need a Slashdot poll.
So, as expected, Microsoft played its part in this little Kabuki drama, and Lindows aka Linspire got its free publicity. And bully for them, I guess. But to suggest that they picked the name for any other reason is sheer folly.
sulli
RTFJ.
"Windows" is not a common noun in countries that do not have English as an official language. Among European countries, only the UK and Ireland seem to speak English in the trademark office.
Obviously it's a subliminal message... they believe our right brain will subconscously recognize LINSPIRE as an anagram of IN PERILS.
"How to Do Nothing," kids activities, back in print!
This is a great example of both sides in an argument being wrong.
First, the grandparent post--wrong because the discussion is NOT about whether or not Windows was registered as a trademark, it's about whether the trademark is valid. So the argument is: "Your trademark is invalid" "No it isn't" "Yes it is" "No it isn't" Nobody is arguing with the fact that Microsoft has the trademarks, as this post suggested.
Secondly, the parent post--wrong because generic words in themselves ARE patentable as long as they are used in a unique way. For example, the word "Apple" existed long before Apple computers, but nobody ever applied the word "Apple" to a computer before Apple computers, so Apple's trademark IS VALID. On the other hand, "Windows", as a term for glass openings in walls, would be trademarkable for other purposes. The problem with Microsoft's trademark is that the term "windows" WAS in fact used throughout the computing industry to refer to graphical interfaces long before Microsoft's product called "Windows" ever existed. Thus, argues Lindows, it is no more trademarkable than the word "car" would be for a new kind of automobile.
This is also an example of a clueful Anonymous Coward correcting glaring inaccuracies in the posts of registered users. Only on Slashdot!
Since only a few years ago. They were using Windows for about 10+ years before they trademarked it. Before then it was clear that the word wasn't trademarkable -- this in itself is a huge sea change, along time ago names could go from trademarked to public domain (Kleenix), but now, the opposite is true. Just shows you how much the law has swung in favor of corporations.
...the term "windows" WAS in fact used throughout the computing industry to refer to graphical interfaces...
Maybe the term "window" for a specific part of a graphical interface was in use, but I am unaware of anyone using the word "Windows" to refer generically to an operating system. That particular argument seems to be sketchy at best.
How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
The X Window System may not have been in common use yet, but the term "window" was already in very common use for creating UIs. You can find code all over that shows this. Even Emacs called the concept a "Window" long before that time.
Microsoft has no right to claim "Windows" (or Office, which was in common use for Office Automation, etc.) and even less right to complain about Lindows or the X Window System. It should be "Microsoft Windows", and nothing shorter should be protectable, just like "X Window System" is protectable, but "Window System" should not be.
I doubt there's a single company that could handle being dragged through the world's courts by Microsoft, let alone a small one like them.
Caldera International purchased the rights to DR-DOS, then sued Microsoft for the damage that Microsoft had done to DR-DOS.
Caldera settled for an estimated $150 million from Microsoft.
Microsoft settles Caldera Antitrust Case
To be sure, Caldera later turned to the dark side in a big way. They are now suing another software giant.
So let's get back to our roots: Cocaine-Cola...
I feel fantastic, and I'm still alive.