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Date:      Tue, 5 Jun 2001 01:36:53 -0700
From:      "Ted Mittelstaedt" <tedm@toybox.placo.com>
To:        "Andrew J Caines" <A.J.Caines@altavista.net>
Cc:        "FreeBSD Questions" <FreeBSD-Questions@FreeBSD.ORG>
Subject:   RE: FreeBSD 4.3 is UNIX?
Message-ID:  <003c01c0ed9a$abd9d460$1401a8c0@tedm.placo.com>
In-Reply-To: <20010605023325.T49449@hal9000.servehttp.com>

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>-----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 11:33 PM
>To: Ted Mittelstaedt
>Cc: FreeBSD Questions
>Subject: Re: FreeBSD 4.3 is UNIX?
>
>
>Ted,
>
>>   Before I say anything let me point out [my sig]
>
>Yes, I have chosen to use a trademarked word and use it in a way which
>derives from common usage and not the Open Group's requirement. A few
>might even appreciate the irony of "Unix Systems".. a very few, that is.
>

:-)  Yes, I did - one one hand you scrupulously follow the guidelines yet
on the other hand you carefully break them.

>
>FreeBSD would not satisfy the certification requirements and I very much
>doubt if anyone is insane enough to try and dress it up in a UNIX skirt to
>get it certified.
>

Yes - but I'd assume that TOG would be willing to issue permission to use
the
UNIX name, separately from the UNIX 95 and UNIX 98 branding.

After all, while satisfying the branding requirements allows you to use
UNIX, there's no converse that I could see on TOG's site - that in order to
get permission from TOG to use UNIX, you must satisfy the branding
requirements.

I know that TOG is trying to force branding but have you looked at some of
the requirements?  Including Java for UNIX 98 Server or CDE for UNIX 98
Workstation example?

This is great if your Sun and you want to force people to license your
crappy
software that they don't want, just so they can slap a UNIX name on it, but
it's pretty worthless to the consumer.  It's pretty distasteful considering
all those commercial UNIX vendors that are pushing TOG to include their crap
all got their code originally from the USL UNIX distribution that didn't
include it.

TOG is increasingly making themselves irrelevant to the normal UNIX
consumer.
They should stick to POSIX and system call interface standardization instead
of pushing unneeded junk into the distribution.  I'll bet too that half the
commercial vendors that have met certification STILL have bugs in their
interfaces that have gone uncorrected.  Meanwhile they just layer more and
more unneeded junk into the OS.

>> However, a trademark is only as good as the organization that owns
>> it is willing to defend.
>
>You are essentially correct, but I believe that you will find that the
>Open Group defend their trademarks very well since licensing their
>trademarks accounts for most of their income.
>

There's a lot of companies these days that are starting to use more and more
Open Source for servers, mixed right in with commercial UNIX systems.  The
last
time that TOG tried to pick a fight with the Open Source community was with
Xfree86 over the licensing in the new X Windows.  While legally TOG was in
the right, they took a tremendous public relations black eye over it, and
ultimately were cowed into rewriting their licensing to put it back the way
it was.

Most times a CIO considering purchase of a major UNIX server is going to be
buying it to run a particular piece of software (perhaps an accounting
package,
etc.)  They are going to be getting a list of approved platforms from that
vendor, and those will be considered first.  Now, maybe if you have 3
vendors
and one of them is UNIX 98 that might tip the scales, but other than that I
don't see that a commercial UNIX compliance with any Open Group standard is
going to be a make-or-break consideration.  Compliance with the ISV's
software
is the primary consideration.

Even organizations that seem to require it don't really - for example TOG
claims that NASA requires TOG branding - but I've seen news articles on the
web with quotes from NASA extolling the virtues of Linux and that certainly
isn't branded.

If TOG is seen as obstructionist to the Open Source movement, it's going to
harm
them much more than the Open Source movement will be harmed by TOG.  I think
that lesson was made clear after the Xfree86 debacle.  After all the
commercial
UNIX vendors certainly cannot not know of the decreased marketing value of
the Open Groups trademarks.

One of these days your going to see someone like Sun decide they don't
really
need to slap the UNIX label on their stuff, and TOG will almost immediately
take a severe and possibly unrecoverable financial hit.

>This was the cause of my surprise seeing "UNIX" on the CD case.
>
>While most unix systems are UNIX(R) systems, I don't think referring to
>FreeBSD, Linux and the others is sufficient to win the common usage
>argument. That said, I don't think anyone is going to not use "unix" to
>refer to the many flavours, UNIX and other.
>

Ah yes, but I wasn't thinking of that.  It's much more usage in various news
and trade publications to the commercial Unixii such as Solaris that is
the danger, and it's something we all see a lot.

>
>It would certainly be interesting, although I wouldn't like to think my
>subscription money is going to this cause instead of advancing FreeBSD
>technologically and keeping the developers fed and warm.
>

I don't actually think that something like this would cause significant
expense,
as Wind River would almost certainly be advised by their company lawyer to
immediately change the wording and make an apology.  All TOG really would
need
from Wind River is a retraction letter to preserve their rights.  Wind River
is
certainly not going to spend the money on this kind of a fight, and TOG
isn't
so stupid as to sue for lost sales or other damages like that.

What's more significant from a legal point of view is if TOG chooses to do
nothing, then a year from now someone else can cite the CD cover in a
trademark
dispute as evidence that the trademark has gone into common usage.

>As for the "Unix industry", history has shown that the chance of a common
>flag under which to unite against a common enemy is vanishingly small.
>However, since this is just a symptom of the variety and competition which
>has made unix platforms what they are today, I wouldn't say it's a bad
>thing.
>
>Today's more powerful brands in the arena are "Linux", "Solaris" and even
>"Gnome" rather than "UNIX" and the other Open Group trademarks.

Yes, I agree completely.  TOG seems to have moved from a leadership position
in the
arena to becoming little more than an apparatus of the major commercial
players
as they attempt to monopolize niches in the market using proprietary
standards.
And, based on anecdotal evidence, the major commercial UNIX players couldn't
be
more pleased with the existence of FreeBSD, Linux and the other Open Source
OS's,
viewing them as "gateway drugs" to the Real Stuff as well as incubators of
major
server programs like Apache and Samba, and utilities like Perl.  I would
guess that
TOG would be quickly slapped down if they did anything more than feeble
protestations
to Wind River over this violation.

 Of course
>the common confusion over the various names makes the distinctions less
>practically significant.
>

Actually, it's better that way because it makes the advertising much more
effective
than if people had preconceptions already solidly formed.



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