Re: Some slides and a paper from L.C.A. 2004

[Jean-Michel POURE <jm poure com>]

Le Mercredi 21 Janvier 2004 01:27, Alan Cox a écrit :
> With respect to the use of the term GNU/Linux please use Linux with the
> (TM) or the trademark symbol in situations where it might otherwise
> imply things like ownership (eg GNU/), otherwise it may lead to
> misleading assumptions about the Linux name

Dear Alan,

A trademark is a right to use one or several words.

Basically, a trademark stands quite low in the hierarchy of rights and is 
always subsequent to an ownership right. In order to use a trademark, you 
firstly need to "own" a piece of work.

To give an example, let us suppose that you sign a nice drawing with your name 
"Alan TM" and write a copyright statement for it. Your signature does not 
mean that you are allowed to sell or release your drawing, because you may 
not be the owner of the drawing.

Now, who owns the GNU/Linux operation system? Does the Free Software 
Foundation own it?

IMHO, the GNU acronym does not imply ownership, at least in European law. The 
GNU copyright is mostly a right to use free software, not a right to own. 

The GNU/Linux operating system is the collective ownership of its respective 
authors. This is the beauty of the GNU copyright, which does NOT provide a 
single point entry to legal attacks, but guarantees the rights of the 
respective authors.

Recently, the owner of the French and international trademark called "Asterisk 
and Obelisk TM" stood-up against a French Free software called "Mobilix" and 
won. This could well happen to Linux TM (or whatever you name it), if you 
keep on thinking trademarks can protect your work. The SCO-IBM case is just a 
warning even if not directly related to the Linux trademark.

Now, considering the relative weakness of a trademark like "Linux TM", which 
provides a single point entry to legal attacks, I understand Richard Stallman 
encouraging people to use the terms "GNU/Linux" to define the operating 
system.

Art is the essence of GNU/Linux. If you concentrate on business issues and 
forget the power of art, you will always find lawyers challenging the Linux 
TM trademark. Furthermore, art will never die, trademarks always do.

Cheers,
Jean-Michel