Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id ; Fri, 14 Mar 2003 11:12:09 -0500 Received: (majordomo@vger.kernel.org) by vger.kernel.org id ; Fri, 14 Mar 2003 11:12:09 -0500 Received: from mark.mielke.cc ([216.209.85.42]:16133 "EHLO mark.mielke.cc") by vger.kernel.org with ESMTP id ; Fri, 14 Mar 2003 11:12:06 -0500 Date: Fri, 14 Mar 2003 11:30:44 -0500 From: Mark Mielke To: Larry McVoy , kernel list Subject: Re: Never ever use word BitKeeper if Larry does not like you Message-ID: <20030314163044.GD1671@mark.mielke.cc> References: <20030314105132.GB14270@atrey.karlin.mff.cuni.cz> <20030314120604.GE3020@merlin.emma.line.org> <20030314160040.GB1671@mark.mielke.cc> <20030314160314.GD8937@work.bitmover.com> Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Disposition: inline In-Reply-To: <20030314160314.GD8937@work.bitmover.com> User-Agent: Mutt/1.4i Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 3045 Lines: 59 On Fri, Mar 14, 2003 at 08:03:14AM -0800, Larry McVoy wrote: > > It is just how things work. The suggested that Red Hat could be used > > as the basis for a different product, and the Red Hat lawyers would > > have a field day, is moot as well, since companies like Mandrake have > > already done this. "Look at us, we're Red Hat with PGCC-compiled > > packages, a new install interface, and a few driver modules. Buy our > > product instead." > I'd suggest you hit > http://www.mandrakesoft.com/search?query=Red+Hat&l=english and > you'll see all of 9 instances of the term Red Hat on their web site > and I can't find a single one where they are saying what you say > they are saying. Since I don't use Mandrake, I don't normally look at their web page. As I recall, Mandrake began using the sales strategy that I mention above. Since then (a few years later), they have branched into their own product. I would expect any clone to do the same. Eventually people realize that "Hey, I don't have to have the exact same interface, I can tweak this, and make it better than the original" and other such things. This is where I put Mandrake now. > I'm not sure why you think what you do but it's simply incorrect. Brand name > is a well established business asset and businesses are absolutely allowed, > and as someone else mentioned (thanks), obligated to protect. You are allowed to defend your trademark, and out of necessity, you are effectively obligated to protect your own trademark, however, the question as to whether a judge would agree with you on a specific defense claim is always up for grabs. I suggest the non-BitKeeper supporters choose a different name, however, if they choose to use a similar name, it is your obligation to defend your name, and if you win, it will cost you money, and if you lose, it will fortify the non-BitKeeper supporters' position. This is all normal business. My position: It sucks to be you Larry. You've put in all this work, you can't continue to pay your employees if you give your product away for free, and since you don't give it away for free, people want to re-invent your product so they can give it away for free. I don't think the US laws cover your situation. They work a lot better for products such as the automobile, or fridges, than for you. Sorry. mark -- mark@mielke.cc/markm@ncf.ca/markm@nortelnetworks.com __________________________ . . _ ._ . . .__ . . ._. .__ . . . .__ | Neighbourhood Coder |\/| |_| |_| |/ |_ |\/| | |_ | |/ |_ | | | | | | \ | \ |__ . | | .|. |__ |__ | \ |__ | Ottawa, Ontario, Canada One ring to rule them all, one ring to find them, one ring to bring them all and in the darkness bind them... http://mark.mielke.cc/ - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/