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Date:      Fri, 26 Feb 1999 02:16:58 +0000 (GMT)
From:      Terry Lambert <tlambert@primenet.com>
To:        dkelly@hiwaay.net (David Kelly)
Cc:        igor@physics.uiuc.edu, freebsd-chat@FreeBSD.ORG
Subject:   Re: FreeBSD [3.1] is Unix ??? (Was: Re: 3.1 Release splash image)
Message-ID:  <199902260216.TAA13458@usr06.primenet.com>
In-Reply-To: <199902260132.TAA52038@nospam.hiwaay.net> from "David Kelly" at Feb 25, 99 07:32:38 pm

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> One thing about a trademark, if its used generically, and widely, and
> not actively defended by the trademark owners, then the courts will not
> honor the trademark and it reverts to the public domain. But first
> somebody has to get sued and fight back. I don't know anybody looking
> for a fight. Certainly not myself.
> 
> "Unix" is a term widely used these days in context not refering to the
> trademark owner's property. One would stand a good chance of winning.

The BSDI/UCB vs. USL "shooting war" started over the UNIX trademark.

Some idiot marketeer at BSDI decided to get the BSDI ordering
number to spell "1-800-ITS-UNIX".

This woke up the lawyers.

BSDI was a small company, and so they immediately bent over for USL.

But it was too late; the lawyers were awake.

Filing lawsuits is like eating potato chips.

You can't stop at just one.

USL filed against BSDI for infringement of trade secrets.

Theoretically, if they're that soft a touch, you can make them go away
before they become a market threat.

BSDI claimed "Net/2 + proprietary to BSDI enhancements".

To get a larger player involved, they screamed "Due Dilligence!".

And pointed to UCB.

UCB was named as co-defendant.

USL didn't want this, it was only interested in competition quashing.

But now it had to cross the T's and dot the I's.

So it did.

When the dust settled, Linux had had FUD going for it for so long that
it was out in front, and BSD has been fighting the FUD ever since.



Let the lawyers sleep, or when the dust settles you'll find that you
are running after Linux AND Microsoft.


					Terry Lambert
					terry@lambert.org
---
Any opinions in this posting are my own and not those of my present
or previous employers.


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