Message-ID: <20001215223114.11180.qmail@web5203.mail.yahoo.com>
Date: Fri, 15 Dec 2000 14:31:14 -0800 (PST)
From: Rob Landley <telomerase@yahoo.com>
Subject: Re: Is there a Linux trademark issue with sun?
To: linux-kernel@vger.kernel.org, burton@relativity.yi.org
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> I am not sure it is a big deal. If you read the
> comment it was more of an off-the-cuff remark. 
>
> I doubt anyone would testify in court that McNealy
> said this. The only way it is something to worry
> about is if they used it in a printed format (IANAL)


Law isn't an all-or-nothing thing.  Obviously this
isn't worth a lawsuit.  By itself it's not even close.

But sending an official letter asking them to respect
the trademark counts as "defending the trademark" if
it's abused in the future and we DO want to get
serious about it.  (Neutralizes this as a precedent
slimy lawyers can point to of "Linux" being
undefendable as a trademark and instead being a
generic term.)

And if the pattern of behavior WERE to continue/get
worse, having gone through the appropriate steps way
back when (measured, proprotionate response to earlier
incidents) makes a much firmer foundation for a
lawsuit later.

And, because Sun's lawyers know that last point,
they're fairly likely to take it seriously enough to
let McNealy know that his course of action carries
certain risks.  (Remember that Meme Hacking talk, at
the Fortune 500 it's all about reducing and managing
risk.)

It's a bit like saying your cat's name when you see
them up on the coffee table where they're not supposed
to be.  It's not the same as actually punishing them,
just letting them know you're aware that they're doing
it.

>  Kevin 

Rob

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