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Groupon Backs Down On Gnome

Rambo Tribble writes: Groupon has announced it will abandon the 'Gnome' name for their product, ending the recent naming controversy that had the open source community up in arms. They said, "After additional conversations with the open source community and the Gnome Foundation, we have decided to abandon our pending trademark applications for 'Gnome.' We will choose a new name for our product going forward." The GNOME Foundation has thanked everyone who helped.

My question... does this represent Gnu thinking on the part of Groupon?

114 comments

  1. Yes, after all... by pushing-robot · · Score: 0, Troll

    The GNOME foundation invented the word—nay, the letters themselves, carved and finished from wordstone hewn from the deep tunnels of the earth.

    --
    How can I believe you when you tell me what I don't want to hear?
    1. Re:Yes, after all... by kiite · · Score: 0, Offtopic

      The GNOME foundation invented the word—nay, the letters themselves, carved and finished from wordstone hewn from the deep tunnels of the earth.


      s/GNOME/Apple/
      s/Apple/Android/
      s/Android/Windows/
      s/Windows/Palm/
      s/Palm/Whirlpool/
      s/Whirlpool/Whole Foods/

      Clearly, all trademarks should be meaningless and indefensible.

    2. Re:Yes, after all... by Kagetsuki · · Score: 2

      I was going to point this out to the parent poster but you did it much more gracefully than I would have.

      I'm also surprised that if Groupon is so into "open source" they wouldn't have noticed this before submitting the trademark application. Oh, that and the fact they don't capitolize GNOME in their blog post. Maybe they should have said "we're vaguely aware open source exists and we kinda open sourced some tools so that gives us street cred right?".

    3. Re:Yes, after all... by pushing-robot · · Score: 2
      --
      How can I believe you when you tell me what I don't want to hear?
    4. Re:Yes, after all... by jopsen · · Score: 2

      He he, nice come back... But you do realize that most of those are in completely different markets which doesn't make cause a conflict...

      I don't see GNOME trying to bully out the Santa Gnome market: https://www.etsy.com/market/sa...

    5. Re:Yes, after all... by Anonymous Coward · · Score: 0

      Hence the general recognition that trademarks are not universal, but can be a bit mixed as long as they don't create consumer confusion.

      And sometimes there can be conflicting claims. I know four Burger Kings exist. There may be more.

       

    6. Re:Yes, after all... by Anonymous Coward · · Score: 0

      How about a better comeback.

      Microsoft Corp. v. Lindows
      Microsoft thought that Lindows was infringing on their Windows trademark.

      The judge denied Microsoft's request for a preliminary injunction and raised "serious questions" about Microsoft's trademark. Microsoft feared a court may define "Windows" as generic and result in the loss of its status as a trademark.

      Rather than risking the loss of the trademark Microsoft decided to settle.

      You can't trademark generics, if you want a trademark to protect, invent you own word. If you think that you have to protect a generic name as if it was a unique one you are wrong. Doing so just makes you an asshole.
      It is a tradeoff. When you are a small company it can be convenient to have a generic name that people associate with things since you don't have built a brand yet.
      Once you go big it's very inconvenient since you can't protect the trademark but it is too late to change.

      If you want to there is nothing illegal with starting a phone brand called Phone. You will get dragged to court by Apple, but unless the Judge is incompetent or corrupt you will win.

    7. Re:Yes, after all... by pushing-robot · · Score: 1

      One is a point of sale peripheral, the other is a Linux desktop environment. Okay, they're both 'technology', but that category is huge and getting broader every year. In any case, neither product is widely known, it's highly unlikely anyone would confuse one with the other, or that it would hurt either brand if they did. The case for trademark infringement is practically nonexistent.

      That said, I'm glad Groupon is changing it; the Gnome has rubbed me the wrong way ever since it was announced. The name isn't reassuring on a device meant for handling financial transactions, the early prototypes were a bit too 'friendly' and OLPC-inspired, the current one is huge and clunky, and it lacks support for newer technologies like EMV and NFC. Hopefully this will send them back to the drawing board. Thanks, nerd rage! You saved the day again.

      --
      How can I believe you when you tell me what I don't want to hear?
    8. Re:Yes, after all... by Anonymous Coward · · Score: 0

      I'm also surprised that if Groupon is so into "open source" they wouldn't have noticed this before submitting the trademark application. Oh, that and the fact they don't capitolize GNOME in their blog post. Maybe they should have said "we're vaguely aware open source exists and we kinda open sourced some tools so that gives us street cred right?".

      It's most likely their engineering teams who are very much into open source. Their marketing and legal teams may have heard of it before in between coke snorting sessions.

      Guess who's filing for trademarks and writing these blog posts...

    9. Re:Yes, after all... by Charliemopps · · Score: 1

      The GNOME foundation invented the word—nay, the letters themselves, carved and finished from wordstone hewn from the deep tunnels of the earth.


      s/GNOME/Apple/
      s/Apple/Android/
      s/Android/Windows/
      s/Windows/Palm/
      s/Palm/Whirlpool/
      s/Whirlpool/Whole Foods/

      Clearly, all trademarks should be meaningless and indefensible.

      You're trying to be snarky, but I agree with your snark. Name your product after a common object and you should not be able to copyright the name. It's a fairly simple thing to avoid.

    10. Re:Yes, after all... by Anonymous Coward · · Score: 0

      No, it's called GNOME (not Gnome or gnome or gNoMe or whatever else) and it is a window manager. If somebody creates something that is *not* a window manager - for example a tablet-based point-of-sale system with cash register, bluetooth voucher redemption and CRM - and wants to call it Gnome or gnome or gNoMe then they should be able to do it rather than have some monopolistic "free software" people trying to stop them because they think they own the word.

      That is why, despite the existence of Android the operating system, there is also Android the movie, Android the song, Android the boardgame, etc...

    11. Re:Yes, after all... by Anonymous Coward · · Score: 0

      Microsoft thought that Lindows was infringing on their Windows trademark.

      Well yes, and I am sure if you started selling bPhones under the company Opple then Apple would be pretty unhappy about that too. That was creating a product in the same category and changing one letter of the name to try to capitalize on the existing awareness of the very similar brand.

      Microsoft feared a court may define "Windows" as generic and result in the loss of its status as a trademark.

      Common conjecture, citation requests always lead to yet more conjecture. This statement is often paraded as fact when it actually isn't.

      You can't trademark generics

      Actually you can. You just can't trademark that generic if the thing you are naming is that generic, for example I can't trademark the name "apple" for my product that is an apple.

      If you want to there is nothing illegal with starting a phone brand called Phone.

      Of course not, because the phone is a phone, you can also call your windows "windows" or your apple an "apple" or you palm a "palm" but Windows isn't a windows, Apple isn't an apple, Palm isn't a palm.

  2. I donated by Anonymous Coward · · Score: 0

    Can I have my money back then?

    (I lie, I didn't really donate, I only saw it today. I wouldn't want my money back either. I love GNOME, even GNOME 3.)

    1. Re:I donated by Art+Challenor · · Score: 1

      Actually, it was a good win by GNOME. That they had the money to defend the trademark (and I think that Groupon understood that they would be successful) caused Groupon to back down. GNOME gets the win and the money goes to something useful instead of lawyers fees.

    2. Re:I donated by Anonymous Coward · · Score: 0

      Useful? Like burning it to melt ice cubes in the Sahara desert?

    3. Re:I donated by Frosty+Piss · · Score: 0, Troll

      Actually, it was a good win by GNOME.

      No, it was not.

      Trademarks have a relationship with the product. Groupon's product had no relationship to GNOME's product.

      GNOME saw an opertunity to get a bunch of Open Source Zelots in a frenzy over a closed source commercial platform for - GASP - making money and flew with it.

      What a bunch of non-issues, non-news, DRAMA ...

      --
      If you want news from today, you have to come back tomorrow.
    4. Re:I donated by j127 · · Score: 1

      I think it's close enough -- two large tech projects with the same name. If you're having a conversation about "using gnome" and the topic is technology, it would be confusing. Groupon's project presumably has "gnome" software running on it.

    5. Re:I donated by bmimatt · · Score: 1

      Or groupon saw an opportunity to (cheaply) get some publicity and jumped at it. Publicity stunt?

    6. Re:I donated by Frosty+Piss · · Score: 1, Troll

      Or groupon saw an opportunity to (cheaply) get some publicity...

      Groupon thought they could ride on GNOME's huge popular consumer brand? Really?

      --
      If you want news from today, you have to come back tomorrow.
    7. Re:I donated by Frosty+Piss · · Score: 0

      I think it's close enough -- two large tech projects with the same name.

      Learn about trademarks. That's not close enough by miles.

      --
      If you want news from today, you have to come back tomorrow.
    8. Re:I donated by Anonymous Coward · · Score: 0

      Or maybe you learn something. GNOME has been used to power those types of systems for decades now.
      Or better yet, consider the case if they'd named their product Apple. You think Apple's lawyers would go "I guess it's ok"?

    9. Re:I donated by Anonymous Coward · · Score: 0

      Learn about trademarks. That's not close enough by miles.

      I expect Groupon's lawyers agreed with you. That's why they decided to fight it out in court. Oh, wait ....

    10. Re:I donated by NickFortune · · Score: 1

      GNOME saw an opertunity to get a bunch of Open Source Zelots in a frenzy over a closed source commercial platform for - GASP - making money and flew with it.

      What a bunch of non-issues, non-news, DRAMA ...

      Roughly translated: "My side didn't win and it's not faaairr! WHAAAAAA!!!!!"

      --
      Don't let THEM immanentize the Eschaton!
    11. Re: I donated by Anonymous Coward · · Score: 0

      Brilliant counter argument.

    12. Re:I donated by jedidiah · · Score: 1

      We're talking about a tablet with the GNOME name splattered all over it. Is it a point of sale terminal? Is it the latest tablet from Zareason?

      How do you know really?

      You don't.

      POS systems look like general purpose computers anymore.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    13. Re:I donated by Shirley+Marquez · · Score: 1

      The relevance of "closeness" in trademark law is highly variable; how courts will decide is often in doubt. At the extreme case, you have brands that are so well known that ANY use of the name will be seen as infringement - try to make Coca-Cola anything and see how quickly the lawyers converge on you. It wouldn't matter how unrelated your product was: a Coca-Cola computer or car would be shut down just about as quickly as a beverage.

    14. Re:I donated by j127 · · Score: 1

      Sure it is. See the other replies.

  3. The name Gnome has been besmirched since 3.0 by Anonymous Coward · · Score: 1

    Who would want it anyway?

    1. Re:The name Gnome has been besmirched since 3.0 by Kagetsuki · · Score: 1

      Try it again. Intial Gnome 3 releases weren't that... uh.. stable or feature filled. Since 3.10~ish it's gotten better and 3.12 on is pretty solld. 3.14 we're starting to see some nice polish too. Try it again, use it for a week or so, and check out extensions.gnome.org .

    2. Re:The name Gnome has been besmirched since 3.0 by Anonymous Coward · · Score: 0

      And it's still utter shit

    3. Re:The name Gnome has been besmirched since 3.0 by Anonymous Coward · · Score: 0

      Try it again. Intial Gnome 3 releases weren't that... uh.. stable or feature filled. Since 3.10~ish it's gotten better and 3.12 on is pretty solld. 3.14 we're starting to see some nice polish too. Try it again, use it for a week or so, and check out extensions.gnome.org .

      That is of course, until users get to enjoy the unstable, feature-lacking Gnome 4 when it comes out!

    4. Re:The name Gnome has been besmirched since 3.0 by Anonymous Coward · · Score: 0

      It'll be like when KDE4 first came out! Fun times.

    5. Re:The name Gnome has been besmirched since 3.0 by unixisc · · Score: 1

      Yeah, Groupon was doing that name a favor by launching a new product with it.

      Actually, I've tried Gnome 3.12 with PC-BSD, and while the UI itself is okay, the applications ain't. After I installed GNOME 3.12, a lot of applications, such as Chess, Four-in-a-row, Epiphany accompanied them. Problem is that under other DEs, those windows can't be moved. Some, like Web/Epiphany, fill up the screen, even going over the taskbars of the DE, so that the only way to go to the other virtual desktop is to close the application.

      So having seen it now, the DE itself seems fine, but its apps, or rather their interaction w/ the DE, is a POS.

    6. Re:The name Gnome has been besmirched since 3.0 by j127 · · Score: 1

      I use GNOME and run xmonad inside of it. It's very nice.

    7. Re:The name Gnome has been besmirched since 3.0 by kthreadd · · Score: 1

      They work fine for me on Fvwm, both from 3.12 and 3.14. Must be something weird going on in your environment.

    8. Re:The name Gnome has been besmirched since 3.0 by drinkypoo · · Score: 1

      3.14 we're starting to see some nice polish too.

      yeah, but the patches just go on forever

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    9. Re:The name Gnome has been besmirched since 3.0 by Kagetsuki · · Score: 1

      Yes, but at least there is movement. I think there is also a huge lack of people and a continued lack of financial support.

      Still, broken-ness and all I'm comfortably using it now and quite like it. I do sort of miss the classic layout and all the cool stuff you could do with compiz - but the shell view is so convenient I couldn't imagine going back.

    10. Re:The name Gnome has been besmirched since 3.0 by Blaskowicz · · Score: 1

      What makes me sad is the CPU leaks in games. (in versions 3.8.x and 3.10.x). Gnome's minesweeper uses a ton of CPU (for a minesweeper!) and occasionnally locks up. The reversi (Iagno) will consistently lock up with 100% of one core use mid-game right when things become decisive. Also chess used to be bugged (but not in the 2.x versions) with illegal moves and me getting randomly handed the control of the opposing pieces! (illegal castling typically, which I also witnessed in "Microsoft Chess" once. Some dumbfounding artificial stupidity could happen too such as letting a pawn advance right to queen promotion on the very beginning of the game)
      Chess to have been fixed since.

  4. Huh by Delicious+Pun · · Score: 1

    "ending the recent naming controversy that had the open source community up in arms"

    It did?

    1. Re:Huh by ihtoit · · Score: 1

      a few comments on slashdot, certainly...

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    2. Re:Huh by Anonymous Coward · · Score: 0

      Yes, all the way up to their shoulders.

      I thought I'd respond to your nick at the same time...

    3. Re:Huh by jedidiah · · Score: 1

      Enough to get GNOME their war chest in less than 24 hours.

      That probably gave Groupon pause. They probably thought that GNOME was some weakling that they could easily bully. It looks like they though wrong.

      If this sticks, it's a very important precedent and one that benefits the entire community (love or hate GNOME in particular).

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:Huh by ihtoit · · Score: 1

      Don't ask me why, I couldn't tell you, but if I used Gnome (the X client) I would have donated. If this had been a Microsoft story, I'd've been like "Let the fuckers burn" (I do use Windows 7). Probably something to do with the profit motives of the two communities - one works to improve itself by helping the community improve itself by acting on community input, the other listens to shareholders and the SEC and marketdrones to develop ways of milking "consumers" for every red cent they can get out of them while making it look like they're actually providing something a: useful and b: secure.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  5. Smart move by Anonymous Coward · · Score: 2, Interesting

    The risk was not from the Gnome Foundation's lawyers, but from smartasses all around the Internet coming up with ways to get back at Groupon with names for preposterous services that don't quite infringe on Groupon's trademark.

    1. Re: Smart move by Anonymous Coward · · Score: 0

      Damn it. And I was really looking forward to watching some gangbang porn at groupon.xxx

  6. Re: I have a new name for them by Anonymous Coward · · Score: 1

    That would be a good new name for the GNOME project. It's what I imagine the GNOME hipsters saying to me each time I even just think about GNOME 3.

  7. Don't mess with the geek's toys by Anonymous Coward · · Score: 0

    All that fuss about one word....
    Which person with an IQ over 64 would confuse a Groupon service with a Linux open source desktop environment?
    "Oops, I mistakenly started working on the wrong Gnome!"
    Is the Gnome foundation now going after all this garden item manufacturers which are advertising their garden gnomes?
    Get a life....

    1. Re:Don't mess with the geek's toys by jakimfett · · Score: 4, Insightful

      Reading. Do you even?

      Groupon was rolling out a Point-Of-Sale touch interface thin OS system, calling it Gnome. Perhaps you can see how this would possibly be confused with the GNOME touch capable OS, which is (at least in some Lowe's locations) installed on Point-Of-Sale systems.

      --
      Bits of code, random ramblings: jakimfett.com
    2. Re:Don't mess with the geek's toys by Anonymous Coward · · Score: 0

      Bro do u even acyclovir??

    3. Re:Don't mess with the geek's toys by BitZtream · · Score: 0

      Nope, can't see it. The Gnome foundation is fucking retarded. And so are you if you think this is the right thing to have happened.

      Anyone who knows what EITHER of these systems are is not going to be confused. I knew about the Gnome POS long before I knew that the gnome foundation had some sort of touch interface and I've been following Linux since the late 90s.

      This is a bullshit case of bulling.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    4. Re:Don't mess with the geek's toys by dcw3 · · Score: 1

      Then for those of us who weren't familiar with either, it could easily be confusing, and thus the Gnome foundation did have a valid point.

      --
      Just another day in Paradise
    5. Re:Don't mess with the geek's toys by vakuona · · Score: 1

      Branding is for people who might not know, so the fact that people who know EITHER or the system would not be confused by it is as irrelevant as is the fact that Usain Bolt won the last two 100m Olympic gold medals.

      If you know both projects, then the brand doesn't matter.

      And in any case, why don't they try call it BMW or Mercedes Benz while they are at it, and see how far they get. Those companies are in completely different industries right? That wouldn't cause any issues at all right?

    6. Re:Don't mess with the geek's toys by Oligonicella · · Score: 1

      First, I don't believe for a moment you didn't know what the Gnome suite was. Second, you're simply speculating on what others who actually don't *would* think and - you can't read minds. Third, if I'm looking for a POS, I'll find a POS reference and not be interested in a suite and in fact, their web page lists not one single POS application amongst what's available. So, no, bullshit.

    7. Re:Don't mess with the geek's toys by dcw3 · · Score: 1

      You're welcome to call bullshit, but then you're wrong. I got out of software, and into management years ago, so I haven't kept up. Have I heard of Gnome, absolutely. Do I know or care what it is currently, no. What I do know is that companies who write code don't necessarily stick to a single area. The one I work for has written products for everything from cyber security, to networking, to environmental products. So, yeah, when Apple records got into it with Apple Computers, it was pretty obvious. Not so much in this case.

      --
      Just another day in Paradise
    8. Re:Don't mess with the geek's toys by goose-incarnated · · Score: 1

      Anyone who knows what EITHER of these systems are is not going to be confused.

      Trademarks are not for people who already now off the system. It's not to protect the trademark holder but the consumer. In this case it's not only possible but probable that the consumer would be confused. For example, if groupon named their PoS system "Windows", that'd have gotten them sued, so why did they try that move with "Gnome"?

      Groupon were being dicks, and it backfired.

      --
      I'm a minority race. Save your vitriol for white people.
    9. Re:Don't mess with the geek's toys by dublin · · Score: 1

      No, there is approximately ZERO chance of anyone confusing Gnome (which was a word long before Stallman decided to mispronounce it), a commercial product by a company called Groupon, with GNOME, a free window mangler by the GNOME Foundation, part of an organization that is explicitly designed to *prevent* commerce. Yeah, sure, people will confuse those.

      Sorry, but from both the trademark law and a common sense points of view, the GNOME Foundation is simply engaged in self-righteous trademark bullying rather than valid defense of a mark.

      --
      "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
    10. Re:Don't mess with the geek's toys by jakimfett · · Score: 1

      I disagree. If I were the tech guy at say...Lowes (which, admittedly, I'm not), the similar name would be a point of confusion for middle management.

      Manager: "Hey, I heard about this new Gnome thing that Groupon is offering to install for Significantly Reduced Prices. You've been bothering me for the last year about upgrading our own gnome system, why not let them do the upgrade?"
      IT Guy: "There's a huge difference between GNOME and Gnome, sir."
      Manager: "Doesn't sound like there is, they both do point of sale, and Groupon has TOUCH! Everybody wants touchscreens, right?"
      IT Guy: "Please just kill me now"

      Yes, there's a lot of copyright bullshittery happening...but despite my own personal distaste for the GNOME project, this is bigger than that. Given that Groupon was trying to establish a presence in a market that GNOME already had a presence in, I'd think it'd kinda fall into the realm of "valid defense of a mark".

      To use the vulnerable car analogy:
      The GNOME group was running a small dealership that gave away free mopeds with the "GNOME" name on them.
      A nearby radio station decides to start up a motorcycle dealership, selling motorbikes they call "Gnome".
      End result would be that if I say "I got a payout from my bitcoin miner, I'm going to go buy myself a gnome", you might not know whether I'm getting a moped or a motorbike.

      --
      Bits of code, random ramblings: jakimfett.com
  8. I think it goes more like this by msobkow · · Score: 3, Insightful

    I thing Groupon's thinking was more like "Shit! They're willing to go to court over it!"

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:I think it goes more like this by Anonymous Coward · · Score: 2, Funny

      Nah, they were more afraid of a protest at their offices. If you consider how smelly the average Unix nerd is, and multiply it by the 20 or so people who would actually show up, it would make sense to back down quickly. I don't blame them.

    2. Re:I think it goes more like this by starblazer · · Score: 1

      or "Shit! They bought our last deal with the lawyer office, buy one lawsuit, get three free!!"

    3. Re:I think it goes more like this by Anonymous Coward · · Score: 0

      Personally, I just think they didn't want people to associate GNOME POS with GNOME PoS.

    4. Re:I think it goes more like this by Anonymous Coward · · Score: 0

      That, but more likely they figured they were about to get some very bad PR out of all of this.
      I just checked their Twitter and G+ feeds, and on every one of their recent posts there are pissed off geeks complaining about this.

      Even if only a small percentage of the population cares about this, it is not what you want in your marketing channels, especially when you're launching a new product and a new market segment.

    5. Re:I think it goes more like this by Anonymous Coward · · Score: 0

      They'd have been sued into oblivion. You cannot create a point of sale system with a UI and call it gnome when there's one already out, and has been for many years.

      The Gnome Foundation would have destroyed Groupon.

    6. Re:I think it goes more like this by squiggleslash · · Score: 2

      Still, the new name they chose, DisneyApple, is unlikely to ever get confused with anything else...

      --
      You are not alone. This is not normal. None of this is normal.
    7. Re:I think it goes more like this by Charliemopps · · Score: 1

      More like the complaint about the name went to their lawyers who said "What's open source? Buzz off hippies!"
      Then the controversy hit their marketing department... who said "We're going to call this thing Gnome? That's a terrible name! And hippies have money now you dolts!"

  9. Is GroupOn Code of Conduct a bad joke? by Anonymous Coward · · Score: 5, Insightful

    The GroupOn Global Code of Conduct start with "What Groupon Stands For: Do the right thing--follow the law, act ethically, and treat people properly."

    This attempt to bully a non-profit for use of it's established trademark does not seem to be consistent with the stated code of conduct. For this to drag out from May to November seems to suggest that GroupOn had no intention of following it's own code of conduct. So, if there has been no policy in place at GroupOn to keep this from happening, how long will it be before another non-profit or FOSS project suffers from the same bullying at the hands of GroupOn?

    I'm also curious to know, at what expense of resources did defending the GNOME trademark come at? Who is paying for the expense of resources? Does the projects GroupOn have on github really justify the set-back that GroupOn has created for the GNOME project?

    This revision of the story from Sri Viswanath leaves me with more questions than answers and makes it very clear that GroupOn is not a company I ever want to do business with.

    1. Re:Is GroupOn Code of Conduct a bad joke? by Anonymous Coward · · Score: 0

      > This attempt to bully a non-profit for use of it's established trademark

      Groupon was being realistic about the small number of people at large who simultaneously: a) know that GNOME exists as desktop system, b) has used or heard about GNOME to the extent that it has any reputation whatsoever. If Groupon had decided to go with Gnome as the name of a service or product offering, its customers would more likely associate that with the Travelocity gnome mascot which is broadly in the same space of online consumer services as Groupon, than with an aspect of an alternative operating system that relatively few people consciously use by name.

      This fight by whatever group is behind GNOME accidentally benefits Travelocity more than it does any open source anything.

  10. Great Gnus! by Anonymous Coward · · Score: 0

    FTW!

  11. Are they taking suggestions? by Anonymous Coward · · Score: 0

    If they're open for input on new product names, I think "Windows 9" is available ...

    1. Re:Are they taking suggestions? by PapayaSF · · Score: 1

      How about "Fedora"?

      --
      Q: What does the "B." in Benoit B. Mandelbrot stand for? A: Benoit B. Mandelbrot
  12. Gnu thinking? by nowsharing · · Score: 1

    Gnu thinking on the part of the Groupon Collective?

  13. Gnome may seem gay, but Gnome is not... by EzInKy · · Score: 1

    ...gay.

    --
    Time is what keeps everything from happening all at once.
    1. Re:Gnome may seem gay, but Gnome is not... by Chrisq · · Score: 2

      ...gay.

      You are right, any resemblance to OS-X is purely coincidental

    2. Re:Gnome may seem gay, but Gnome is not... by Anonymous Coward · · Score: 0

      Gnome isn't just gay, it's waterproof!

  14. Marketing by Anonymous Coward · · Score: 0

    Or all this shit was marketing. Now everybody knows that they are releasing a new product.

  15. Re:Gay Sex! Like Patent Trolls! by trewornan · · Score: 1

    Whilst I agree with you in general - about intellectual property and blowjobs if not the rest (fyi, no need to be gay to appreciate blowjobs).

    The problem isn't so much that Groupon want to use the same name, but more that because of the ridiculous legal situation. If you don't "defend" your trademark you lose it and eventually you'll be in the situation of having Groupon stop you using "Gnome" because now it's their trademark.

  16. G-nome ? by Anonymous Coward · · Score: 0

    Groupon wanted people to read it "Gee-nome" not, "gnome". Why didn't they change the name with G-nome with an hyphen ? that would have been different enough from the other gnome no ?

    1. Re:G-nome ? by TWX · · Score: 1

      As opposed to the Gnome Foundation's people pronouncing it, "guh-nome"?

      I HATE that. They claim it's from pronouncing GNU as "guh-new". When I point out that the animal gnu is pronounced "new" and that since that animal is the mascot of the GNU project and that it too should be "new", they get all butt-hurt.

      At least no one has called it "guh-rep" yet.

      --
      Do not look into laser with remaining eye.
    2. Re:G-nome ? by stox · · Score: 1

      Wrong, Groupon wanted you to read it as "Know Me."

      --
      "To those who are overly cautious, everything is impossible. "
  17. It probably just finally got escalated. by Qbertino · · Score: 2

    The problem probably just finally got escalated inside Groupon. Before it was some stupid desk clerk thinking: Oh, some hobbyists I've never heard of are mad that their little programming club has the same name as our new terminal. No big deal.
    Then it was "Sue them into next wednesday!" "Burn Groupon to the ground!" "Hang them higher!" and their response being "OMFG! It's a project that's FOSS and Linux and they are all friends with IBM, Oracle and Google. And they've got lawyers!"

    Probably some exec with a clue got wind of the situation and concluded that "... yeah, they do have a case and this Gnome Project acutally isn't that small of a deal as one might think. And we have enough bad press as it is. Back down.".

    Smart move I'd say.
    And they even get a little neat publicity for playing nice.

    --
    We suffer more in our imagination than in reality. - Seneca
    1. Re:It probably just finally got escalated. by Anonymous Coward · · Score: 0

      This is about how I see this as having gone.

      Seriously, isn't this what this phase of trademark application for?

    2. Re:It probably just finally got escalated. by Anonymous Coward · · Score: 0

      When all Mooj does is steal ideas, it's not shocking at all.

  18. These people just didn't know by salesgeek · · Score: 3, Insightful

    Hate to say, but marketers can be the most oblivious people in the wold. They also create things and have the same feelings of ownership that many of us do when we cook up a heaping helping of awesome code. So, I'm not surprised by Groupon taking a minute to figure out where they stood.

    Last year, the people at my company's marketing department emerged from their cave with a Hire Veterans campaign. Awesome. Except for the fact that the helmet they choose to cap the M-16 with was a Nazi Stahlhelm. When I pointed it out I got the "what do you, developer, know about marketing" response. I answered, "Three of our board of directors are Jewish."

    --
    -- $G
    1. Re:These people just didn't know by Anonymous Coward · · Score: 0

      'When I pointed it out I got the "what do you, developer, know about marketing" response.'

      I would have let them run with it and got some popcorn after this.

      'I answered, "Three of our board of directors are Jewish."'

      And laughed really well inside after the market people came to this sudden realization.

    2. Re:These people just didn't know by Anonymous Coward · · Score: 0

      Hate to say, but marketers can be the most oblivious people in the wold. They also create things and have the same feelings of ownership that many of us do when we cook up a heaping helping of awesome code. So, I'm not surprised by Groupon taking a minute to figure out where they stood.

      Last year, the people at my company's marketing department emerged from their cave with a Hire Veterans campaign. Awesome. Except for the fact that the helmet they choose to cap the M-16 with was a Nazi Stahlhelm. When I pointed it out I got the "what do you, developer, know about marketing" response. I answered, "Three of our board of directors are Jewish."

      I can 100% vouch for this level of cluelessness among marketers. I previously worked for nearly a decade in the marketing department of a company considerably larger than GroupOn. The two highest executives (one CMO, one Exec VP) truly didn't even know about the CONCEPT of "intellectual property," despite supposedly dealing with things like securing worldwide trademarks and licensing images and music. As both of them explained it, those were "the little details" that were handled by other people while they were being groomed for their "executive" roles.

    3. Re:These people just didn't know by leonbev · · Score: 1

      Do you think that giving the POS terminal the GNOME name was just a piece of viral marketing tactic to begin with?

      Think about it.... nobody on Slashdot (or many of the other technology web sites covering this story) would be talking about Groupon's new product if the Gnome team didn't make such a stink about their brand name. Many of the people reading those sites are potential buyers of this product.

      Maybe they should call it the "iPOS" next, so all of the Apple news sites will get their chance to talk about the product as well :)

    4. Re:These people just didn't know by salesgeek · · Score: 1

      Do you think that giving the POS terminal the GNOME name was just a piece of viral marketing tactic to begin with?

      I think that in marketing it is better to be lucky than good. If they are smart they will call it Groupon POS because any other name will squander the brand identity that this little kerfuffle has caused.

      --
      -- $G
    5. Re:These people just didn't know by salesgeek · · Score: 1

      There's a lot of clueless in marketing... and there's also an equal number of creative geniuses. In a lot of cases, marketers make mistakes for the same reasons developers do: underestimating how long work will take, assuming something works without testing it and not talking to users. There's also a strong not invented here bias, people taking way to much personal ownership of their work, HIPPOs (HIghest Paid Person's Opinion) and irrational mandates (i.e.THIS WORD MUST BE IN THE COPY).

      --
      -- $G
  19. Re:Gnu thinking on the part of Groupon? by Anonymous Coward · · Score: 0

    They just realized the bad name Gnome has now. Why would groupon use a name with a 'fsck users' connotations?

  20. Recursive thinking by Marginal+Coward · · Score: 1

    My question... does this represent Gnu thinking on the part of Groupon?

    It's quite possible. Whatever else you may say about Groupon, it's undeniable that Groupon's Not Unix. In fact, it's likely that Groupon's Not Useful. Especially if their servers run the Hurd.

  21. Gee Spot by dcw3 · · Score: 1

    My question... does this represent Gnu thinking on the part of Groupon?

    Gnobody Gnows.

    --
    Just another day in Paradise
  22. Too Late by Anonymous Coward · · Score: 0

    For me it was already too late to remain a customer and I'm sure there are others who felt the same way. The fact that they told the Gnome project that they were going to use the name anyways when contacted about the trademark infringement was enough for me to unsubscribe from all groupon emails and offers and I will not use them ever again. There are plenty of alternatives.

  23. Money back? by michaelamerz · · Score: 1

    We donated to Gnome to help them defend themselves against Groupon. Now they have stated that they will use the funds for the ongoing development. This is crappy message to all donors now and in the future - and a misuse of trust. Why? Because it will make it harder to convince future donors that this is a real emergency and not just a ruse to get money. If somebody asks for a donation for a specific purpose, than they should offer to reimburse the donors if that special purpose goes away. Gnome should really thing about the message they are sending here.

    1. Re:Money back? by Anonymous Coward · · Score: 0

      Maybe, but reimbursing is expensive, if they really wanted to do it the cost of returning the money would be significant.
      Maybe a re-stocking fee?

    2. Re:Money back? by Anonymous Coward · · Score: 0

      In their original announcement they stated "If we are able to defend the mark without spending this amount, we will use the remaining funds to bolster and improve GNOME."

    3. Re:Money back? by Oligonicella · · Score: 1

      You clearly have no idea what a restocking fee is.

    4. Re: Money back? by Anonymous Coward · · Score: 0

      When the remaining IS the entire share, then things start get questionable, in my opinion.

  24. New name by Anonymous Coward · · Score: 0

    They are renaming it Krazy Deals Everywhere (KDE).

  25. My experience with corporate statements by Anonymous Coward · · Score: 0

    "What Groupon Stands For: Do the right thing--follow the law, act ethically, and treat people properly."

    Do the right thing? Follow the law? Act ethically? Treat people properly? Well no fucking shit! Who has to right that down? Do we not know that's how we're supposed to behave? For fuck's sake, we learned that shit in kindergarten! The very fact they had to write that down is damning, imho. Whether code of conduct statements, mission statements, vision statements, or other corporate newspeak, my experience tells me when common sense has to be codified and written down as such, it's meaningless because the people writing it down are sociopaths, it's not common sense to them, and while it sounds nice, it holds no weight as truly guiding principles and will be abandoned before the ink dries in order to achieve their other goals (which are typically some variant on fucking over other people for their own profit).

  26. Nah, the lawyers weighed in by swschrad · · Score: 2

    they said, "Crap, the propellerheads found some money. Lost that bet."

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  27. Gnu thinking by zeroryoko1974 · · Score: 1

    Ha, thats funny. Funny because they are shelfish Coral, shelfish.

  28. Re: I have a new name for them by Anonymous Coward · · Score: 0

    Or you could, you know, not use it and stop being butthurt. I like GNOME3

  29. Yes, they were in common space by Shirley+Marquez · · Score: 1

    What did Groupon's Gnome and the GNOME desktop environment have in common? They are both a POS.

    (I don't actually dislike GNOME though it's not my favorite desktop environment. But I couldn't resist the joke.)

  30. Re:Gay Sex! Like Patent Trolls! by s0nicfreak · · Score: 2

    Don't be silly, blowjobs haven't been sex since 1998.

  31. No chance of winning the lawsuite by Stan92057 · · Score: 1

    "My question... does this represent Gnu thinking on the part of Groupon?"

    Nope, just means they had zero chance to win the lawsuit that was about to be dropped into there laps

    --
    Jack of all trades,master of none
  32. One does not simply piss of the entire FOSS gang by xiando · · Score: 1

    Perhaps it occurred to them that you probably should not anger a large group of people who happen to have the skills to get back at you in some other perhaps not-so-within-the-law ways? A day or even an hour of downtime of other unrelated servers can be rather expensive. Just saying.

  33. No publicity is bad publicity? by nobodyknowsimageek · · Score: 1

    The cynic in my says that Groupon did this intentionally to generate a firestorm of controversy to get themselves some free publicity. The only other possible explanation is that they are incredibly foolish.

    1. Re:No publicity is bad publicity? by vandamme · · Score: 1

      The cynic in ME says Gnome kept this going -or even started it, in collusion with Groupon - to get publicity for Gnome.