Re: tlug: Linux as Trade Mark?

[Cliff Miller <cliff@example.com>]

Hi,

I'm going to post a formal response to the posting on JLUG after I talk
with Linus, but it will probably take a few days to do that since I'll 
need to type it in Japanese and translate some of the communication
between me and Linus. So, here are a few quick comments (I type
English about 90 times faster than Japanese ... and my English typing
isn't lightning fast): 

1. Motivation for application of the trademark

The motivation for applying for the Linux trademark in Japan was to
prevent another fiasco like the one that occurred last year in the
US. There was company that makes a product completely unrelated to 
Linux that registered the Linux trademark and tried to prevent
"real" Linux companies from using the mark. A legal battle ended in
the trademark being transferred to Linus. Linux International (a group 
of Linux vendors and supporting companies, mainly US based, but
officially "international") helped in securing lawyers and pushing the 
legal process through.

I am on the Linux International Board and I offered to look into the
situation and help out in applying for a trademark in Japan. 

2. Use of Linux trademark, GPL-ish license

The purpose for having the Linux trademark is to prevent misuse of the mark
by non-Linux oriented companies as had happened in the US. It is also
to promote the wide use of the "Linux" trademark and Linux in
general. Linux International intends to have a lawyer draft a GPL type 
license for its use but has not done so yet.

Normally a trademark is used to *restrict* others from  using it so 
that a company can protect its product brand. Making a trademark 
available for others to use widely is somewhat new territory, like the 
GPL license is to copyright. 

PHT's request that companies using the mark also refer to a Linux
trademark web page (PHT's or their own or a page by some other 3rd
party) is an attempt to make the use of the mark "recursive" or
"self-referential", kind of like the GPL license requires that a copy
of the license be distributed in perpetuity with derivative
works. I may not have found the best way to do this, but it was an
attempt. 

3. $B:,2s$7(B (nemawashi, or, getting consensus before the plunge)

The first person that I talked with was the big penguin himself,
Linus. I told him that PHT would be happy to go ahead and undertake
the formalities of registering the trademark. I suggested that PHT be
a joint holder so that we could take care of things in Japan, purely an
administrative role. The offer was "no strings attached" -- I told him 
that PHT would be happy to do all of this without being a joint holder 
as well, if that was what he wanted. Linus responded that it made
sense for PHT to be a joint holder.

In Japan, this seems to be where I didn't do enough consensus
building. I talked with some people in the Linux community here before
going ahead with the registration. Seems that I didn't talk with
enough of the right people soon enough. I had wanted to talk with the
head of JLUG beforehand, but due to conflicting schedules, it ended up
that I didn't actually talk with him until afterwards. I talked with
people at TLUG, but I believe that may have been after applying for
the trademark -- I'd have to check my email archives.

4. What if??

So what if the bad guys take over PHT or PHT becomes evil? 

When I talked with Linus, I told him that we would like to give him
the right to take back complete control of the trademark for any
reason at any time. This is clearly documented in email between Linus
and myself (which will be made public soon).

More later,

Cliff

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$B%/%j%U!&%_%i!<(B
$BBeI=<hDyLr<RD9(B
$B%Q%7%U%#%C%/%O%$%F%C%/3t<02q<R(B
Cliff Miller
Pacific HiTech, Home of TurboLinux
Tel +81-3-5477-9675
Fax +81-3-5477-9919
cliff@example.com


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