Linux Trademark Rejected in Australia
daria42 writes "Linus Torvalds' bid to have the word 'Linux' trademarked in Australia has failed, with the local intellectual property regulator sending his lawyer a vitriolic letter deriding efforts to provide evidence the trademark application was legitimate. In the letter, the regulator points out that information from Wikipedia and Google used by the lawyer to support the trademark application is simply not effective in making the case for a trademark to be registered."
O sorry, that's patents...
The rejection may be on shaky grounds, but the letter was hardly vitriolic. It is firm, and laid out the causes for rejection in a clear manner (caveat : IANAL).
Anyway, using wikipedia and google to bolster your application may be stretching it a bit...but hey what do I know
Mode (3) smart-aleck mode. Press * to return to main menu.
This is good news. Nobody can use trademark law to their advantage here in Australia. Nobody needs to be concerned about trademarks. Everyone can go back to using the word as they wish.
The bad news is that bad people can use Linux however they like. This will mean that the Aussie LUGs will need to keep an eye out for slander and libel, and act.
The end goal was to prevent trademark disputes, yet people in favour of the trademark want to spend money keeping the trademark application process going. Why?
that they were using Wikipedia and Google to prove the references. They are good for us people, but in a court.......no way !!
In the letter, the regulator points out that information from Wikipedia and Google used by the lawyer to support the trademark application is simply not effective in making the case for a trademark to be registered."
The statement "information from Wikipedia... is simply not effective in making the case for a trademark" is wrong. The article states:
The applicant used Wikipedia and Google to back its claim but IP Australia dismissed the examples. "The entry from the Wikipedia encyclopaedia indicates 'Linux is a computer operating system and its kernel' ... demonstrating generic use rather than trademark use.
So basically, Wikipedia as a source is fine, but in this particular instance, the source didn't back up the claims. A totally different situation than the summary makes out.
Netcraft Confirms it: Anonymous Coward dead at 52. Regardless of whether you agreed with his posts all the time, he was a frequent contributor of great information to slashdot. Truly an American Icon.
This one is so awful. From the looks of it, Linus Torvalds was forced to play the trademark game, because of a slimeball lawyer.
But it appears that because he didn't defend it from early on, he's now unable to claim it in Australia. So he should have been demanding money from all the Linux-name-using folks all these years if he wanted to become the trademark.
How ironic: to frustrate a lawyer slimeball at the behest of his users, Mr. Torvalds makes himself look silly in front of the court.
To get an idea of how scummy the first lawyer was:
Torvalds didn't plan on gaining trademark protection for the word "Linux" when he began work on his OS, but by 1996 he started wishing he had. That's when William R. Della Croce Jr. of Boston first started demanding 10 percent royalties on sales from Linux vendors, based on a trademark claim he had filed in 1994. The Linux kernel was still free software, but according to Della Croce, the name itself was his property.
That's 10 percent! What a parasite! It makes me think he deserves the Mr. Hands treatment.
http://www.thebricktestament.com/the_law/when_to_
This passage here looks like the lawyer failed to do his job properly: It is not clear from the declaration in what way Mr Jeremy Malcolm is authorised and qualified to make this declaration on behalf of Mr Linus Torvalds. It should be a routine task to provide documentation that satisfactorily answers that question before it's even asked. Probably a document with Linus' signature (and some official confirmation of its authenticity, such as by a notary public along with a so-called apostille) would have done the job.
I've opened the PDF file of the IP Australia letter, and the examiner says that the decision could be reconsidered on the basis of better evidence. That means some more effort will have to be put into this than printing out a Wikipedia article and a few pages of Google search results. A key question will be "the date when use of the trade mark commenced".
The article was poor, but the summary on /. was retarded. It didn't took a bad article, misunderstood it, spun it in a way seemingly designed to misdirect attention, and failed to convey the important information.
The bottom line is - Linus (or possibly an Australian LUG, the article wasn't entirely clear) was afraid that someone might trademark Linux and do Bad Things with it. So they initiated an attempt to trademark it for themselves, and the relevent authority told them not to be silly, the term was clearly generic.
This is great. First, it's a sign of sanity - all too rare in government bodies in charge of intellectual property protection. Second - it's ten times better for the term to be un-trademarkable than for it to be trademarked, even in the hands of someone theoretically trustworthy.
So, to sum up: 1) You can't trademark the term Linux in Australia. 2) This is a good thing.
Maybe it is a wrong impression, but that is what a good business woman like myself sees.
A good businesswoman would know how to research the comparative costs of two options, she'd also know when to delegate a decision to a qualified professional rather than making a poorly informed decision.
If this is a serious post, rather than a wind-up, then it sounds like you're trying to find some information. However this is the wrong forum to do that. Slashdot is supposed to be for discussing news.
Can anyone suggest an unbiased place for non-technical people to learn about the differences between MS (I assume) and Linux?
Why was this moderated "Troll" when it was clearly humour?
TW
"Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
The letter doesn't seem terribly "vitriolic" to me. Obviously, someone has never received a letter from a lawyer.
-- Slashdot: When Public Access TV Says "No"
First, to all you Slashdotters out there - I'm not trying to feed the trolls - this post looks legit to me - I'm just trying to help someone navigate what I'm sure you realize is very confusing - the Open Source world.
I'm posting anonymously because this isn't really the proper place to discuss this (don't ask me what the proper forum is - it probably isn't on Slashdot, although you might try the Ask Slashdot section), so this will very likely get modded down. Also, let me say from the beginning that I am still learning Linux myself, but I know several people who are bona fide experts, and am fairly familiar with the basics of the open source community. A full primer on open source and Linux is far beyond the scope of this post - I suggest spending some time with Google and perhaps Wikipedia for more in-depth information. Your IT consultant may also be a good resource since he or she installed Firefox on your computer.
First, let me say that - in my opinion, others would disagree - Linux is going to be more complicated for a non-technical user than Windows. My experience has been that Linux is more complicated and harder to install and operate. I would venture to say that to run Linux, you will need an expert of some sort - either you must become an expert yourself, or you must get an expert to help you. You can do this by hiring an expert, or by purchasing support for the version of Linux you use. Be sure, however, not to confuse software with support. There is such a thing as software that you don't have to pay for. You will probably always have to pay for support for that software, no matter what operating system you use. Everyone has their own opinion on what operating systems require the most support (my personal opinion is that Linux requires more support than Windows); many people will agree that if you want to minimize the the amount of support that you need, you would be well advised to look at Apple's OS X.
I'm not familiar with Redhat's business plan, but I do know that they cannot (legally) charge for the portion of Linux that is licensed under a legal contract called the GPL (http://en.wikipedia.org/wiki/Gpl/, http://www.gnu.org/licenses/gpl-faq.html). I think (but don't quote me) that what they charge for is their add-ons to the core Linux operating system and for support of the operating system. Novell does a similar thing with SUSE Linux - although I know for a fact that you can download SUSE Linux for free - remember, that's just the actual software you get for free, no support is included (http://www.novell.com/products/linuxprofessional/ downloads/suse_linux/index.html). The bottom line is that you can get good, stable, production-ready versions of Linux that are totally free, and not maintained by any commercial entity. Some of the best known are Debian (http://www.debian.org/), Ubuntu - a derivitave of Debian (http://www.ubuntulinux.org/), and Gentoo (http://www.gentoo.org/). As for the "source" (or source code) of Linux or any other Open Source software, this is not something that will do you any good unless you are an advanced user. A discussion of what source code is goes far beyond a Slashdot post - suffice it to say that it isn't something you need to worry about at this point, and that you will need to become much more experienced with Linux before it will help you at all. Suffice it to say that source code is helpful because if a programmer has the source code to a piece of software, he or she can modify that software and make whatever changes he or she wishes. This is why open source software can be modified by anyone, whereas with commercial software, the source code is almost always a heavily guarded
Actually, that smells more like incompetent lawyer than bad government agency. The Australian trademark mob does have a bit of a reputation for being quite firm with registrations - they must be genuine and proper and not half-assed. Any trademark lawyer worth his salt here would know that, and draw up a proper application.
If my students cite Google and Wikipedia as primary sources of reference in the academic papers they submit to me, they fail, and I send them back for a re-write (at their option). Same should apply for trademark applications. What sort of half baked cowboy is this guy?
I find your ideas intriguing and I wish to subscribe to your newsletter.
Does anyone know if "Windows" is a registered trademark in Australia?
Victims of 9/11: <3000. Traffic in the US: >30,000/y
Yeah, it must suck to have more than 1% market share. We can see how much it upset Microsoft...
I am TheRaven on Soylent News
The editors sole job here is to judge which submissions, usually by mentioning Microsoft and/or OSS, will incite 'debate' - i.e. receive a lot of posts, supporting advertising revenue.
Slashdot is over...
And yet, the Internet Archive's Wayback machine has been successfully used in several copyright court cases.
I'm not agreeing or disagreeing that either of these are the best sources. But, if Internet Archive is a valid legal source, then by all means Wikipedia is. (Because it keeps records of page updates as well, so you could trace the entry all the way back to the original post of the entry, as well as identify specific sources of each tidbit of information).
Google... nah, not really. Google is good for finding information, not validating it, imho.
I8-D
Trademarks aren't new to FOSS, and I can't imagine the Linux trademark being restricted as severly as the Mozilla or AbiWord ones:
(These are the only cases automatically allowed, other use requires explicit permission.)
(Unlikely IMHO) worst case scenario if "Linux" were trademarked:
Debian and Fedora are based on Linux®. "Linux" is a trademark of Linus Torvalds.
People would still call them Linux anyway, it wouldn't be the end of the world.
I do think that it might make things easier to automatically allow any person, company or organisation to use the trademark prefixed by their own name for derivitive works, e.g. "Debian Mozilla", "Debian AbiWord" for Debian's versions of each. That would make things clear enough, I think.
However, for anyone who's in favour of unrestricted usage of "Linux" (or any other FOSS name), consider Sys-Con Media and their LinuxWorld magazine (Slashdot story). It's lucky that the editorial staff were willing to put their jobs on the line to do something about it.
The point about a trademark is that it is YOUR mark that indicates that something is in some way YOUR product. As I have said before, I believe that there is no incompatibility between FOSS, GNU and trademarks because trademarks are just a way of identifying the source of things - they are totally different from patents and copyright. In principle, it is absolutely right that Linus, who originated it, should be able to trademark the name Linux. By enforcing the trademark, he can effectively "quality check" or stamp things with his imprimatur. If someone else produces a crappy Linux/Gnu distribution, he should have the right to stop them calling it Linux. They can still publish it and say "Uses Linux(TM) Kernel 2.6. Linux is a registered trademark of Linus Torvalds". They just can't call the product Shit Linux, or whatever. Equally, if someone else produces a good distro, he should be able to exchange pieces of paper which basically say "So long as you are good guys and recognise my principles, you can call your distro Nice Linux", and one from the supplier saying "Dear Mr. Torvalds, we recognise your trademark, thank you for allowing us to use it." If you think about it, this is clearly a Good Thing. It helps create a community of trust based around a government agency, at relatively low cost.
So what went wrong in Oz? Well, IMHO the error Linus made was in not making use of the name Linux as a trademark earlier, which means that it has in reality become generic in many places. He needs to show that it really does connect back to him. Submitting letters from suppliers of Linux distributions available in Australia saying "We recognise that Linux is a trademark of Linus Torvalds, he licenses us to use it, and we are very unhappy about these people who use the name without permission" would be a start.
But in practice, if the name has been in general use for years and has not been defended, it would be a hard case.
Panurge has posted for the last time. Thanks for the positive moderations.
This is why pubs are so boring these days. Whereas in the past every bar had a drunk guy who could give you practical advice on bloody anything, now they're all at home posting on Slashdot.
I particularly miss the sports, political and legal advice I used to get.
Using wikipedia for that purpose does seem as wise as accepting IANAL advice on Slashdot.
-- Using the preview button since 2005
"Yes, because typing in "apt-get" or "emerge" makes so much more sense to new users than double-clicking an icon that says "setup"."
Simple way to supply that icon for debian systems:
---
#!/bin/bash
sudo aptitude install ardour-gtk
---
supply that file in a tar format pre chmod'ed. How's that for a first cut.
Besides, how long will it take for new users to get accustomed to typing aptitude install foo or apt-get install foo?
[tag]Besides, windows is so confusing, sometimes the icon is called setup and sometimes it is called install. Sometimes the software is supplied in self extracting exes and sometimes in zips. Sometimes vendors make it difficult to find the full version of the software and only want you to download an installer. Sometimes there are some sort of text files that you are supposed to actually READ after the files come out of the zip, or whatever. Then sometimes, you are HIGHLY recommedned to uninstall any older versions before clicking on those variable icons. Also, sometimes when setting up new hardware they want you to be sure and run the installation software BEFORE connecting or installing the hardware for the first time. (I could go on.)[/tag]
I will leave it to the reader to determine for themselves what [tag] should be.
all the best,
drew
--
http://www.ourmedia.org/node/57503
FreeMusicPush If you want to see more Free Music made, listen to Free
I heard that Linus Torvalds was given some options. 1. To change Tux to a Kux named kangaroo. 2. To remove the compatibility of Opera web browser from Linux, which they claim as the Sydney's trade mark.
Anyway, using wikipedia and google to bolster your application may be stretching it a bit...but hey what do I know
Wikipedia is an interesting concept, but why oh why do people insist on treating it as some kind of authoritative source?? (Not directed at you, efuseekay)
Genuine authoritative sources are reviewed and re-reviewed by individuals whose credentials are verified, etc. to ensure they know the topic at hand. Think of the requirements for an expert witness, if that helps; pay particular attention to Rules 701 and 702*. Nutshell version: anyone - particularly a specialist in a given field - must be able to support and corroborate claims of deep and/or specialized knowledge before presenting such knowledge in court.
Compare this to Wikipedia: anyone with Internet access can submit [mis]information with relative ease. Yes, glaring omissions will probably be rectified shortly, but does that help the person who viewed an erroneous page before the correction was made?
(* IANAL, but have done a reasonable amount of work in this area.)
I want to drag this out as long as possible. Bring me my protractor.
First, to all you Slashdotters out there - I'm not trying to feed the trolls - this post looks legit to me
l .3.178798.3
Of course its not legit! Ask yourself why someone claiming to be who she is would post that in a trademark in Austrailia thread on Slashdot, of all places. It was originally posted on Joel on Software, as a quick Google search discovered:
http://discuss.joelonsoftware.com/default.asp?joe
The trolls thank you for the free meal.
The