Skip site navigation (1)Skip section navigation (2)
Date:      Mon, 8 Oct 2001 01:22:39 -0700
From:      "Ted Mittelstaedt" <tedm@toybox.placo.com>
To:        "Salvo Bartolotta" <bartequi@neomedia.it>, "P. U. (Uli) Kruppa" <root@pukruppa.de>
Cc:        <freebsd-questions@FreeBSD.ORG>
Subject:   RE: Use of the UNIX Trademark
Message-ID:  <000001c14fd2$64ef10c0$1401a8c0@tedm.placo.com>
In-Reply-To: <1002388927.3bbf3dbf4db45@webmail.neomedia.it>

next in thread | previous in thread | raw e-mail | index | archive | help
>-----Original Message-----
>From: Salvo Bartolotta [mailto:bartequi@neomedia.it]
>Sent: Saturday, October 06, 2001 10:22 AM
>To: P. U. (Uli) Kruppa
>Cc: Ted Mittelstaedt; freebsd-questions@FreeBSD.ORG
>Subject: RE: Use of the UNIX Trademark
>
>
>[ This is WAY OT for -questions.  My apologies.  I usually refrain. :-) ]
>

Actually, no it isn't.  Despite what some would like to believe, FreeBSD
is comprised of the community of users, not only the core.  Marketing and
positioning of the FreeBSD "brand" is a legitimate topic of consideration
of the general user community.

BSDI/Walnut Creek once upon a time did have a moral claim on a lot of this -
but they gave that up when they sold out to WindRiver, and WindRiver appears
totally uninterested in the FreeBSD branding issues.  Whether we want to make
an issue of this UNIX naming business is as much our problem to consider as it
is the core's problem.

>
><exercise for the reader>
>Try and imagine how far the world could have gone if such rules as those for
>trademarks had applied to scientific research.  In particular, suppose each
>and every researcher had had to pay $MONEY in order to be allowed to utilize
>eg Galileo's ideas, Newton's laws, Maxwell's equations[*], etc.
>

This isn't fair.  We (meaning the UNIX community, collectively) voluntarily
chose to use the word UNIX, knowing full well that it was trademarked by
AT&T.  (Trademarking the term UNIX was one of the first things that AT&T's
lawyers concerned themselves with about the operating system)  While it's
a crying shame that TOG is totally uninterested in the success of the UNIX
paradigm against the Windows paradigm and isn't willing to allow the term
UNIX to be spread around, we frankly can't complain about it - our brethern
in the Linux community didn't seem to have a problem coining the term "Linux"
to refer to their OS.

Every industry has this problem.  Xerox pulled back the term "Xerox" and
everyone shifted to use of the term "photocopy", Kleenex turned into
"bathroom tissue" and so forth.  We already have a perfectly good generic
UNIX term - "BSD" that we ought to be using anyway.

What trademarking protects is the marketing and advertising efforts.
After all, how fair would it be for a company to manufacture a tennis shoe,
slap the name "Nike" on it, and then do no marketing and advertising of their
own and be able to suck off all the money that Nike spends marketing their
shoes.

Consider also that this works both ways too.  For example, Sun cannot use the
term "Linux" to refer to their Solaris operating system, and thus cannot
benefit
by the grass-roots advertising and marketing done to promote Linux.  How would
you like it if IBM decided to label one of their AIX UNIX releases
"The FreeBSD revision of AIX" and thus start confusing all the newbies that
are just getting into using FreeBSD?

And as far as Maxwell's equations are concerned, that's patent law, not
trademarking, and yes it's a big problem these days as willy-nilly patenting
is creating a problem for scientific researchers.


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



To Unsubscribe: send mail to majordomo@FreeBSD.org
with "unsubscribe freebsd-questions" in the body of the message




Want to link to this message? Use this URL: <https://mail-archive.FreeBSD.org/cgi/mid.cgi?000001c14fd2$64ef10c0$1401a8c0>