[Cialug] Linux Trademark -- What do you think of this?

Tom Poe tompoe at studioforrecording.org
Sat Aug 20 13:10:01 CDT 2005


Chris Hilton offered the following on 08/20/2005 12:53 PM:
> The link I read, which was on the LMI site in response to letters they
> sent to people in australia (it was a FAQ).  It said that the pricing
> wasn't set in stone and that they'd be willing to talk about lower
> prices for some.
> Anyway, it doesn't matter for LUG's.  My understanding is that they only
> care about people using it in product and brand names.  LUG is not a
> brand, and the message on the tshirt is not a product name.  They
> mentioned that they want people to continue things like "powered by
> linux" and that sort of thing:
> http://www.ilaw.com.au/linuxfaq.html#810EKargEwky-T2khV7Usg
> FTA:
> Can I still use the word Linux descriptively?
> Sure you can. You can say things like "I am a Linux consultant",
> "Powered by Linux", "We offer support for Linux", and so on. All that
> I'm concerned about is whether you are calling your business, or a
> product or service that your business provides, by a name that includes
> "Linux". And I don't even want to stop you from doing that, I just want
> you to acknowledge that your use of the word in that way is under
> licence of the trade mark owner. 
> 
> 
> 
> On Sat, 2005-08-20 at 12:15 -0500, Tom Poe wrote:
> 
>>Tom Poe offered the following on 08/20/2005 11:51 AM:
>>
>>>Travis Beaty offered the following on 08/20/2005 11:17 AM:
>>>
>>>
>>>>Hello everyone.
>>>>
>>>>http://www.groklaw.net/article.php?story=20050816092029989
>>>>
>>>>There is apparently a development in Australia where a company, 
>>>>supposedly under the authority of Linus Torvalds, is demanding that 
>>>>people pay to use the Linux name.  I looked on the "LMI" website, and 
>>>>they also have information on buying a license to use the Linux penguin.
>>>>
>>>>Granted, this issue is in Australia right now.  And I can, in a way, 
>>>>see the argument that Pamela Jones makes on Groklaw.  But, in my 
>>>>opinion, this is A Very Bad Thing, and it's just a matter of time 
>>>>before people here in the U.S. start getting these letters.
>>>>
>>>>What do you think?  Should we all quit calling our operating systems 
>>>>"Linux," and call it a "GNU Operating System," as a Groklaw commenter 
>>>>suggested?  Should we all start creating GUGs instead of LUGs?  Must 
>>>>we find a new mascot?
>>>>
>>>>It almost sounds to me as though someone in the Linux world has been 
>>>>copying pages out of Microsoft's playbook, and frankly, I'm a little 
>>>>ticked.
>>>>
>>>>That is of course my opinion.  Your mileage may vary.
>>>>
>>>>
>>>>Regards,
>>>>
>>>>Travis Beaty
>>>>Osage, Iowa.
>>>>_______________________________________________
>>>>Cialug mailing list
>>>>Cialug at cialug.org
>>>>http://cialug.org/mailman/listinfo/cialug
>>>>
>>>
>>>I filled out the application to use "Linux" in text, in products for our 
>>>online shop: www.cafepress.com/openstudios/ as well as t-shirts, mugs, 
>>>CDs, DVDs, other recording merchandise for fund-raising.  Listed us as a 
>>>501(c)(3) charitable organization incorporated in Nevada.  When I 
>>>submitted the form, there was no indication of when, or even, if they 
>>>would be contacting me with a decision.  I didn't see anything on the 
>>>site at first glance, that would explain the process in detail.
>>>
>>>Will post results, if and when I receive notice, for those interested.
>>>
>>>One nice thing, the Tux Penguin is not included in this adventure.
>>>Tom
>>>
>>>_______________________________________________
>>>Cialug mailing list
>>>Cialug at cialug.org
>>>http://cialug.org/mailman/listinfo/cialug
>>
>>I forgot to mention, on Groklaw, the pricing structure shows a flat rate 
>>for nonprofit (both formal and informal) groups paying US$200.00.  For 
>>small nonprofits, and I'll bet most "informal" groups, this is 
>>intolerable.  If they hold to that, and it turns out, Open Studios is a 
>>licensed required organization, then it would seem all LUG groups need 
>>to start gathering their pennies up for payment.  Am I wrong?
>>Tom
>>
>>_______________________________________________
>>Cialug mailing list
>>Cialug at cialug.org
>>http://cialug.org/mailman/listinfo/cialug
> 
> 
> _______________________________________________
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> 
Hi, Chris:  You're right on point.  I read those words as well.  I 
think, however, as I have my aluminum hat on with the antennae, that 
going through the motions and seeing that their actions are the same as 
their words might be interesting and reassuring.  Also, an official seal 
of approval from LMI is suitable for framing.  :)

It's worth noting, that SVG is rounding the bend.  The day is not that 
far off, when someone will use wireless technology to run programs 
within the image, which is located on a product like a cup, or 
decoration on your holiday "tree".  Is that a nice fund-raising 
opportunity for LUG folks to use to generate revenues for community 
projects?  Sure.  Will they have to pay LMI?  Probably.  Of course, LMI 
knows that.  Hmmmmm.
Tom
-- 
Open Studios, Charles City, Iowa, USA
www.ibiblio.org/studioforrecording/
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