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August 23, 2005

Linus Torvalds Involved in Linux Trademark Battle

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In a move that was originally considered controversial in the open source community, Linus Torvalds, the creator of the Linux operating system, has begun protecting his trademark for the term "Linux." The computer genius says he is doing so to protect users from unauthorized and confusing use of the term. But critics are worried that Torvalds' move is too little, too late, because the Linux name has been widely used for over a decade. Torvalds first trademarked Linux several years ago but has rarely defended its usage.

News of the sudden trademark protection arose after several computer firms in Australia were contacted recently by lawyers acting on behalf of Torvalds. Companies using the name Linux in their products or company names would have to relinquish any legal rights to the name and pay licensing fees for its use, they were told by letter. Many of these companies originally suspected that the letters they received about this event were fake, and were perhaps a money-making attempt from some unscrupulous person.

When Torvalds revealed that the letters were real, many in the open source community acted with outrage, shocked that Torvalds would seek to benefit financially from the Linux trademark. But Torvalds reported that the licensing fees don't even cover the operational costs of the legal entity, Linux Mark Institute (LMI), which he has set up to license the trademark. So it's not a money-making venture at all. According to Torvalds, LMI is the "worldwide exclusive licensee of the Linux trademark for the purposes of protecting that trademark from misuse." And even if LMI does make money, Torvalds says he "won't see a cent of it."

The licensing fees for Linux are modest. LMI is charging $200 to $5000 for each license, and the fee is based on "the sub-licensee's projected revenue in connection with the sub-licensee mark(s)," according to the company. Most sub-licensees end up paying $200 to $500 for a Linux license, says Jeremy Malcolm, an Australian lawyer representing LMI and Torvalds.

Now that the letters have been proven legitimate, most Linux companies have enthusiastically agreed to the licensing terms. And of course, Torvalds is wise to protect his Linux trademark, because otherwise the term could be misused by other companies and thus lost forever. "Trademark law requires that the trademark owner police the use of the trademark," he wrote in a posting online this week. "This is nasty, because it means, for example, that a trademark owner has to be shown as caring about even small infringements, because otherwise the really bad guys can use as their defense that 'Hey, we may have misused it, but look at those other cases that they didn't go after, they obviously don't care.'"

End of Article



Reader Comments
YAWN

Anonymous User August 23, 2005 (Article Rating: )


Vise-Grip. Channel Lock. Kleenex. All widely used terms that have challenged those organizations' ability to maintain their trademarks. I hope Linus Torvalds is able to keep the Linux name. With all his contributions, he definitely deserves it.

mwrisner August 23, 2005 (Article Rating: )


I like shminex better.

Anonymous User August 23, 2005 (Article Rating: )


That's why Microsoft comes up with such interesting names as "Windows 98 Second Edition" or "Windows Exchange Server 2003", or the remarkable "Windows Me".

No one would bother trying to steal ridiculous names like those. Genius, I tell you. Genius.

Anonymous User August 23, 2005 (Article Rating: )


Apple. Now theres a dumb name for a computer.

Anonymous User August 23, 2005 (Article Rating: )


Windows is lame. Linux is appealing because of their cute mascot, "Tux". Microsoft needs a cute animal icon to make them look lively and relevant.

How about a dinosaur? That would work on a LOT of levels!

Anonymous User August 23, 2005 (Article Rating: )


"Windows is lame. Linux is appealing because of their cute mascot, "Tux". Microsoft needs a cute animal icon to make them look lively and relevant."

Could you stop using your toddler sesame street brain to think?

Anonymous User August 23, 2005 (Article Rating: )


no more Nickelodeon for you kid... :P

Anonymous User August 23, 2005 (Article Rating: )


Windows is a good name if you think about why it was named that way. Linux is not even something relating to computers. I just a made up word. Apple is even less. Go bash the windows name. It's acutally a good name.

Anonymous User August 23, 2005 (Article Rating: )


Maybe bill gates should have been as cheesy as Torlvalds and named windows "Gateux". Or "Allenux" or "Ballmerux". Or go stupid as apple and name it "Peach" or "Grape". Or how about "applux".

bottom line. Linux and apple have as creative a name as what a 2 year old learning to speak would say.

Anonymous User August 23, 2005 (Article Rating: )


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