Re: tlug: Linux as Trade Mark?

[Kei Furuuchi <kfur@example.com>]

Cliff Miller writes:
 > 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. 
 > 

If there is the proctection already due to Paris Treaty as JLUG poeple 
claim, Is the applicatioo unnecessary?

 > 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. 
 > 

I really don't think using Linux name to other business makes any
profitable.  Why prevent them from doing that? 


 > 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.
 > 

I really don't think it has anything to do with Japan culture.


 > 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,

People here are acting like there is money for Linux.
Is there?
Getting out of hand from the initial intention.

Regards,
Kei.

 > 
 > Cliff
 > 
 > =============
 > $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
 > 
 > 
 > --------------------------------------------------------------
 > Next Nomikai: 18 September, 19:30 Tengu TokyoEkiMae 03-3275-3691
 > Next Meeting: 10 October, Tokyo Station Yaesu central gate 12:30
 > --------------------------------------------------------------
 > Sponsor: PHT, makers of TurboLinux http://www.pht.co.jp
--------------------------------------------------------------
Next Nomikai: 18 September, 19:30 Tengu TokyoEkiMae 03-3275-3691
Next Meeting: 10 October, Tokyo Station Yaesu central gate 12:30
--------------------------------------------------------------
Sponsor: PHT, makers of TurboLinux http://www.pht.co.jp