From: "Michael McLagan" To: "rob@linux-howto.com" Date: Thu, 20 Aug 1998 16:15:09 -0400 Reply-To: "Michael McLagan" Subject: Linux Trademark Fellow Linux Webmaster, By now I'm sure you are aware of the formation and announcement of the Linux Standards Association. Amid some of the cries found on Slashdot.org was repeated request to Linus to use the trademark on Linux to shut us down. Fortunately, Linus doesn't feel that is appropriate. However, Linux International's attorney in the trademark matter was appearantly contacted, and what to my knowledge is the first time ever, a "cease and desist" email was sent to us. This action is unprecedented. Linux is about freedom, and choice. Free software, freedom to develop along unique paths, freedom to speak out. What we have here is the thin edge of the wedge. Linux Standards Association has been put on notice that the word "Linux" belongs to Linus. If what you or I are doing doesn't measure up and fall in lockstep with someone else's perspective on Linux, the LI attorney will be sent after you too! You may not understand what the LSA was about. You may not agree with our perceived goals are. Are you prepared to surrender your rights to free software? Will you be next on the "cease and desist" list? Michael McLagna Linux Standards Association On Wed, 19 Aug 1998 15:56:30 -0700, G. Gervaise Davis III wrote: >Second, you are wrong on the issue of enforcement and policing of the >trademark. We have, as we do you by this email, asked a number of people to >verify the ownership of the Linux mark by including the legend "LINUX(r) is >a registered trademark of Linus Torvalds, used by permission" just below or >on all packages and literature of Linux type products and services. We ask >that your organization also do so, effective immediately. We have considered >requiring formal written licenses, but to make the situation easier for the >Linux community, we have not yet done so. Linus did something very unusual >in this world, he asked us to set this up so that people like you could use >the mark with a minimum of legal entanglements, and with no revenue to him >whatsoever. -- end of email from Mike McLagan ------------------------ -- An unofficial reply I recieved from Linux International Date: Thu, 20 Aug 1998 18:24:18 -0700 From: Ted Cook Organization: Enhanced Software Technologies, Inc. Subject: Re: Linux Trademark (fwd) Mr. Kennedy, I regret that Mr. McLagan sent out the email you attached, and I can certainly understand your concern and possible upset with regards to what was stated. Please be assured that no one, neither Linux International nor Linus himself is interested in "shutting down" anyone legitimately using the term Linux. Linus made that very clear to Mr. McLagen. The escalation to LI's attorney was a result of Mr. McLagen's assertion that the Linux trademark held by Linus, which LI and others worked very long and hard to secure, was invalid. I believe that the Linux trademark became an issue in this case, where it previously has not, is because of the stated intention of the Linux Standards Association to charge a fee for branding distributions as Linux Standard Compliant (this is a paraphrase, I don't have the exact wording handy). Using the term Linux in this way is a bit different than anyone has attempted to use it previously, and that is what raised concern within LI. It is unfortunate that issues in the Linux community often prompt immediate emotional reaction before real thought has been given. Both sides in this dispute are guilty of this. I am optimistic that we will be able to get past the initial animosity and heal the rift this has caused. Please note that this is my personal opinion, and not the official position of Linux International. Regards, Ted -- Ted Cook Enhanced Software Technologies, Inc. President/CEO 4014 E. Broadway Rd., Suite 405 ted@estinc.com Phoenix, AZ 85040 http://www.estinc.com Tel:(602)470-1115 Fax:(602)470-1116 Rob Kennedy wrote: > > Sirs... > > This kind of reaction to a group of individuals trying to get more > businesses to support/port to Linux is a bit scary to say the least. I > run a Linux information site, and am wondering what to think of this. > > Please explain > > Rob Kennedy > > ------------------------------ > | rob@linux-howto.com | > | http://www.linux-howto.com | > ------------------------------ > > ---------- Forwarded message ---------- > Date: Thu, 20 Aug 1998 16:15:09 -0400 > From: Michael McLagan > To: "rob@linux-howto.com" > Subject: Linux Trademark > > Fellow Linux Webmaster, > > By now I'm sure you are aware of the formation and announcement of the Linux > Standards Association. Amid some of the cries found on Slashdot.org was > repeated request to Linus to use the trademark on Linux to shut us down. > Fortunately, Linus doesn't feel that is appropriate. However, Linux > International's attorney in the trademark matter was appearantly contacted, > and what to my knowledge is the first time ever, a "cease and desist" email > was sent to us. > > This action is unprecedented. Linux is about freedom, and choice. Free > software, freedom to develop along unique paths, freedom to speak out. What > we have here is the thin edge of the wedge. Linux Standards Association has > been put on notice that the word "Linux" belongs to Linus. If what you or I > are doing doesn't measure up and fall in lockstep with someone else's > perspective on Linux, the LI attorney will be sent after you too! > > You may not understand what the LSA was about. You may not agree with our > perceived goals are. Are you prepared to surrender your rights to free > software? Will you be next on the "cease and desist" list? > > Michael McLagna > Linux Standards Association > > On Wed, 19 Aug 1998 15:56:30 -0700, G. Gervaise Davis III wrote: > > >Second, you are wrong on the issue of enforcement and policing of the > >trademark. We have, as we do you by this email, asked a number of people to > >verify the ownership of the Linux mark by including the legend "LINUX(r) is > >a registered trademark of Linus Torvalds, used by permission" just below or > >on all packages and literature of Linux type products and services. We ask > >that your organization also do so, effective immediately. We have considered > >requiring formal written licenses, but to make the situation easier for the > >Linux community, we have not yet done so. Linus did something very unusual > >in this world, he asked us to set this up so that people like you could use > >the mark with a minimum of legal entanglements, and with no revenue to him > >whatsoever. > >  >  --------------5060EDB9F14EB2F82DCECE41 Content-Type: text/x-vcard; charset=us-ascii; name="vcard.vcf" Content-Transfer-Encoding: 7bit Content-Description: Card for Ted Cook Content-Disposition: attachment; filename="vcard.vcf" begin: vcard fn: Ted Cook n: Cook;Ted org: Enhanced Software Technologies, Inc. adr: 4014 E. Broadway Rd.;;Suite 405;Phoenix;AZ;85040;USA email;internet: ted@estinc.com title: President/CEO tel;work: 602-470-1115 tel;fax: 602-470-1116 x-mozilla-cpt: ;0 x-mozilla-html: FALSE version: 2.1 end: vcard --------------5060EDB9F14EB2F82DCECE41--