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

Sat Aug 20 16:26:30 CDT 2005

My initial reaction was bad too.  Mostly because of the price.  But then I
realized, you really can't have an open trademark; that simpy doesn't work. 
That, plus, lawyers are way over priced these days.
--Chris

Quoting Tom Poe <tompoe at studioforrecording.org>:

> 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
> > 
> > 
> > _______________________________________________
> > Cialug mailing list
> > Cialug at cialug.org
> > http://cialug.org/mailman/listinfo/cialug
> > 
> 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/
> 