Torvalds steps into Linux trademark fight

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"Windows" may well have been a generic term before Microsoft trademarked it. We may never know, because the two cases (Borland and Lindows Inc) objecting to the name were both settled before they could be properly adjudicated. A window, and the plural windows, has a well document term of art in computer science before Microsoft inappropriately adopted the term as a trademark. With no judgement as to the inappropriateness, and no pocket to shallow that it cannot be bought off; Microsoft will forever be surrounded by the bad smell that money protects them from their weakness of having chosen a bad trademark. Their protection of a possibly inappropriately assigned trademark is seen by some to be despicable.

"Linux", by contrast, is clearly a created word with no linguistic history and thus is eminently protectable as a trademark. One cannot complain when a trademark is properly issued to the correct holder and was not a pre-existent term of art.

Do you get it Axe? Microsft was disingenuous when they registered a term of art as a trademark and they continue their disingenuity by buying off opposition. By contrast, Linus didn't even want his trademark. Linus served only as a witness in the case against the original, illegitimate trademark holder of "Linux". Even after the case was won, Linus didn't register "Linux" in the US: third parties had to register it and donate it to him in 1997.

Given those histories, tell me, who would you consider less "evil"? Untruthful registrants, who mislead the USPTO and spread money so as not to face their lies, or a man who didn't want to be a trademark holder, but since he is does only what he is demanded to do to protect the integrity of that trademark as required by law?

Think on it.

Posted by: John Le'Brecage   Posted on: 08/11/04 You are currently: a Guest | Members login | Terms of Use

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