Linux: Linus Clarifies the Linux Trademark

This one's for Bilge (though I know it's not going to make him stop trolling this matter).

---------------------------------------------------------- Linux: Linus Clarifies the Linux Trademark

There has been a large amount of confused coverage in the media recently regarding the Linux trademark. The confusion eventially reached the Linux Kernel Mailing List1 where active kernel development occurs, and Linus Torvalds offered some insight. He began by referencing an old email2 from early 2000 on the subject, then went on to clarify what a trademark is. "A trademark exists to set up some rules about using a 'mark' (name, logo, you name it) in trade," Linus explained. "The people who pay to license (or get a unique trademark of their own) a certain name do so because they care about that particular name. People who don't care, don't pay. It's really that easy. It's about getting legal protection for a particular name." He went on to discuss the notion of sublicensing a trademark, "in the case of 'Linux', that name is already guaranteed unique by the trademark office, so let's say that you felt that you wanted to have a unique name that contained that, you'd approach LMI and say 'I want to call my magazine LinuxJournal, can you write up paperwork that makes sure that nobody else can do so'?" Linus also pointed out that this is not necessary, "somebody who doesn't want to protect that name would never do this. You can call anything 'MyLinux', but the downside is that you may have somebody else who did protect himself come along and send you a cease-and-desist letter." The media coverage began when "cease-and-desist or sublicense the mark" letters were sent out to Australian Linux vendors3. Linus noted that the letters are one of many ways to insure that the Linux trademark is not abused, enforced by the Linux Mark Insbreastute4. The actual price one needs to pay to sublicense the Linux trademark depends on who is using it. Linus went on to underscore the fact that policing trademarks is not a method of making money, quite the opposite due to Lawyer fees, "not only do I not get a cent of the trademark money, but even LMI (who actually administers the mark) has so far historically always lost money on it." Jon maddog Hall offers further insights5 into the effort to maintain the Linux trademark, discussing an event in 1995 that lead to the creation of Linux International6, "at that time an enbreasty had obtained a US trademark on the word 'Linux', and was trying to obtain twenty-five percent of the REVENUES of companies that had the word 'Linux' in their name, or in their product names." Since fighting and winning that battle, maddog noted that Linux International has spent over $300,000 defending the Linux Trademark, over $250,000 of which came from his own pocket. A lengthy write-up that further clarifies trademarks and their importance can be found on groklaw7. Links:

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Now, go ahead and dance around some more, Bilge. We already know you will. Unless we all wise-up and send you to the ashcan.

-- Friends don't let friends use Windows.