Re: [debian-knoppix] Taredemark vs copyright.
Gilles Pelletier wrote:
On January 28, 2003 09:58 am, Klaus Knopper wrote:
Linus Torvalds has a copyright on Linux under the Gnu Public License and it's
hence very likely he also owns the trademark Linux so that Jean-Louis Gassée
couldn't have named his OS Linux. When I wrote: "Linux is © Linus Torvalds.
Nobody can start another OS called Linux." I believe I really wasn't too far
off.
Linus Torvalds has a shared copyright (with many other co-writer) on the
Linux kernel code. I was sure the first copyright holder but not for a
long time.
You don't have a copyright "under the Gnu Public License". He got a
copyright and licenced the code under... Jean-Louis Gassée could have
ask a trademark on Linux for an OS long before, or Linux for a shampoo
anytime of trademark for Linux on a country where Linux was not
distributed at the time.
If you want the full storry on how someone got the Trademark on Linux
and how finaly it was "given back" to Linus. You should search google:
http://www.google.com/search?q=Linux+Trademark
This discussion could go on forever. Following a really stupid Supreme Court
ruling about three years ago, it seems Canadians have a "copyright" on their
face. Their "droit à la vie privée" apparently extends to public places.
Let's call that "droit à l'image". If I can be recognised on TV and I
was not ask to be displayed on TV... then I can fight that and even
preemptively stop the TV show by court ruling. Public place or not, this
is your image and you can control it (except maybe if you are famous).
This is a totally different storry.
Also, can you call a refrigerator a frigidaire, facial tissue, a Kleenex?
Etc, usw.
Do you want to talk about Trademark dilution? If you product name is
used as a noun/verb/... in usual language, then you loose some of your
trademark. This is when you start xeroxing rather than make a copy. So
company have to fight for their right SPAM SPAM SPAM otherwise they
could loose some of their right/protection. This might be why some/many
free software/open source project have been attack in court: Crayon,
Killustrator, ...
Certainly Mr Glaude is not making much of a name for himself with this kind of
hair splitting discussions and promoting wikis to write documentation. I'd be
much better off spending his time learning how Mozilla works.
This is not hair splitting. Unfortunately nowdays if you just want to
write code and share it with the world, you either need a good knowledge
of law or legal advice. Klaus Knopper knows to well the issue with:
* Copyright
* Trademark
* Software Patents
* DMCA/EUCD
* ...
Like most very technical peaple, he would like to not have to care about
those issue. But you just can't not.
It is just not possible to let someone confuse Copyright and Patent on a
Free/Open Source technical mailing list. If I would not have reacted,
then other could be confused. This is why "Intellectual Properties" is a
very bad word to use, because it mean nothing or it could mean (C) TM or
swpat or ???
Gilles Pelletier
So you might find my comment on this list useless and it is your right.
You might not like that I suggest you get a patent, even if it is a
joke. And on my side I might like reply to the list with "Thanks for the
info!" or "See my last reply to X" with big quote but not much more
content nor do I appreciate you lack of knowledge of the GPL, critics
about Debian or lack of documentation.
So let's not make this a personal issue between you and me (that we
could solve in french off list). And if you don't like discussion about
copyright in various country, or free and non-free package in Knoppix,
just do not participate.
David GLAUDE
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