Re: tlug: Linux as Trade Mark?

[Kei Furuuchi <kfur@example.com>]

Stephen J. Turnbull writes:
 > >>>>> "Kei" == Kei Furuuchi <kfur@example.com> writes:
 > 
 >     Kei> If there is the proctection already due to Paris Treaty as
 >     Kei> JLUG poeple claim, Is the applicatioo unnecessary?
 > 
 > Yes and no.  It is much easier to get Japanese courts to support a
 > claim based on a Japanese trademark than a claim based on a foreign
 > mark via the Paris treaty.  This is true for any country, of course.

Isn't it sufficient to have the defense mechanism based on the Paris
Treaty? If some software company tries to apply the name, Linux
community can prevent it based on the treaty as JLUG people claim that 
the similar name like "Linax" was not allowed. Overdoing the defense
results in the same effect as JLUG people claim Linux industry is
holding businesses pending the application? Though I really don't
understand why it concerns the user group, The claim should be made by 
the business, not the user group. And I think the withdrawal is the
only solution, transfer of tm to NPO does not make any guarantee.

 > 
 >     Kei> I really don't think using Linux name to other business makes
 >     Kei> any profitable.  Why prevent them from doing that?
 > 
 > It doesn't, necessarily; it just doesn't give blanket permission.
 > It's up to Linus to decide.  Also, trademarks are in principle
 > restricted to a particular company's line of business; if you want to
 > call your new variety of rice "Linux", I doubt a court would stop you.

So what is the merchandise that is refered as Linux in the application?
If some body wants to sell Linux T-shirts indendently, Is he able to
stop? If he can stop, Isn't it detrimental to Linux community?

 > 
 >     >> In Japan, this seems to be where I didn't do enough consensus
 >     >> building.
 > 
 >     Kei> I really don't think it has anything to do with Japan
 >     Kei> culture.
 > 
 > Maybe, maybe not.  However, a complaint based on lack of nemawashi
 > will go a long way to damage PHT here, whereas noone in the US would
 > pay any attention at all.
 > 

Is JLUG powerful enough to harm PHT business?
I think the inquiry of JLUG is well deserved whatever nationality they
are. But, claim of transfer of  tm to other party contradicts their own
opinion. So I don't understand both parties.

This open inquiry of JLUG is a way grave since no one can accidentally 
post a web page in web. 

Maybe I am too naive to understand some politics going under water.

But in the end, it does not affect the user group. There is no need to 
offically support either party. So there is no need to withhold any
opinion based on sponsorship. I think conflict of interest is
something NPO should be aware of. Even though there is no need to
spesculate, trying to understand the situation based on the fact is
necessary. And so is freedom of expression and information.

Regards,
Kei.


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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