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Date:      Mon, 4 Jun 2001 22:25:15 -0700
From:      "Ted Mittelstaedt" <tedm@toybox.placo.com>
To:        "Andrew J Caines" <A.J.Caines@altavista.net>, "FreeBSD Questions" <FreeBSD-Questions@FreeBSD.ORG>
Subject:   RE: FreeBSD 4.3 is UNIX?
Message-ID:  <000e01c0ed7f$e711b220$1401a8c0@tedm.placo.com>
In-Reply-To: <20010604204601.S49449@hal9000.servehttp.com>

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Hi Andrew,

  Before I say anything let me point out that you yourself
are using the collection of letters:

"Unix"

in your siggy.  This is in violation of TOG's UNIX usage
guidelines which spec ALL CAPS, ie UNIX.

  Also, your not correct when you say the (R) is required,
it's not.  In fact, according to the TOG trademark usage
requirements, all that's needed is UNIX, all caps.  See

http://www.opengroup.org/trademarks.htm

  Wind River could have well paid or gotten permission from
TOG for all we know.  But, I seriously don't think they have.


Here's the scoop:  The original AT&T trademark is on UNIX, all
caps.  However, a trademark is only as good as the organization
that owns it is willing to defend.  If a court of law decides
that the registered trademark has passed into the vernacular as
a noun - then you are screwed - your registered trademark is worthless.

Some examples of trademarks that have been lost because of being
converted to nouns are kleenex and xerox, although I understand
that those companies are still out there fighting people that
are using them as nouns.  There's other trademarks that I can't
remember right now that are even further gone and the original
trademark holders have given up, or lost court lawsuits attempting
to fight people.

Now, in my personal opinion, a very strong case that UNIX has passed
into the vernacular could be made today, in which case the proper
usage would be unix - all lower case.  Unix is incorrect because
as I understand it was registered as an acronym, not a proper name.
However, the fact that Unix is so universally used essentially makes
that utilization correct too.

Obviously, TOG disagrees mightily.  However, I'll
point out that according to TOG, the ACTUAL branding is either "UNIX 95"
or UNIX 98" it's NOT just plain UNIX.  I strongly suspect that this is
a fallback strategy because they know that holding onto UNIX is a
lost cause.

Wind River is probably sensing the way the wind blows and has decided that
TOG is too afraid of a ruling against them in a trademark dispute case,
to worry that TOG will make a stink over usage of UNIX.  As long as Wind
River isn't throwing a rad flag down and slapping "UNIX 95" on there then
technically they are just violating trademark, they are not in violation
of the branding requirements.

I'm actually very pleased to see this because I would love to see
TOG file a trademark dispute case over the use of the term UNIX, so
that we could have some clarification here.  I'd love it even more
if they lost because I feel that by denying the industry common usage
of what I feel is a word today, TOG is harming the Unix industry's
ability to fight against Microsoft.  But, I'm sure that those making
money off doing nothing other than collecting fees for using a word,
would disagree.

Ted Mittelstaedt                      tedm@toybox.placo.com
Author of:          The FreeBSD Corporate Networker's Guide
Book website:         http://www.freebsd-corp-net-guide.com


>-----Original Message-----
>From: owner-freebsd-questions@FreeBSD.ORG
>[mailto:owner-freebsd-questions@FreeBSD.ORG]On Behalf Of Andrew J Caines
>Sent: Monday, June 04, 2001 5:46 PM
>To: FreeBSD Questions
>Subject: FreeBSD 4.3 is UNIX?
>
>
>
>It is always a good day when the CDs arrive, even for a STABLE tracker
>such as I, with new colour schemes, product catalogue and of course more
>stickers. This is of course the first release backed by Wind River.
>
>What caught my eye right away was the new legend on the CD case, which
>reads
>
>	"A Full High-performance 32/64 bit UNIX Operating System"
>
>in stark contrast to the usual "...4.4 BSD Lite based...".
>
>I can't find any indication that I missed the news that FreeBSD has been
>certified by the Open Group and note that it's not the colloquial "unix"
>or even the _all words start in upper case_ "Unix", but the Open Group
>specified all-caps "UNIX", except without the required registered
>trademark ® symbol.
>
>While in other cases this might be just an unintentional use of a common
>term, there is no way, given its rich and exciting history, that it would
>happen in a BSD release.
>
>To muddy the waters further, the FreeBSD Mall sheet has the same legend
>printed on it under the "FreeBSD 4.3" title, however the picture of the CD
>case, which is accurate in every other detail, shows the blurb on the CD
>as saying "...4.4 BSD Lite based..."!
>
>
>What's the story behind this?
>
>
>-Andrew-
>--
> _______________________________________________________________________
>| -Andrew J. Caines-   Unix Systems Engineer   A.J.Caines@altavista.net |
>
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