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Re: GNU, the "UNIX" trademark, and legal control over language


From: Alexander Terekhov
Subject: Re: GNU, the "UNIX" trademark, and legal control over language
Date: Sat, 26 Jan 2008 13:58:34 +0100

mike3 wrote:
[...]
> point, I'm talking about conversational English here -- UNofficial
> names, not official branding. Is the US Government, and perhaps those

The US Government (judicial branch) is on record:

http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-2454_008.pdf

"One prominent example of free, open-source software is the Linux 
operating system, a derivative of the Unix operating system written by 
AT&T in the 1960s and now available without cost. (Unix® is a trademark 
of The Open Group, but the source code to many variants of AT&T’s work 
is freely available.) Linux is one of many modern derivatives of Unix—
which is not itself under the GPL. Thus Apple Computer, which uses the 
Berkeley Software Distribution variant of Unix as the foundation for 
the Mac OS X operating system, is entitled to charge for its software.
[...] The number of proprietary operating systems is growing, not 
shrinking, so competition in this market continues quite apart from 
the fact that the GPL ensures the future availability of Linux and 
other Unix offshoots."

Got it? :-)

Wait, there was a correction order:

http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-2454_010.pdf

------- 
                            Order 

    The slip opinion of this court issued on Novermer 9, 2006, is 
amended as follows: 

Page 2, first full paragraph, line 4, change "Unix®" to "UNIX®"; 

Page 3, first full paragraph, line 7, change "Williams" to "Wallace". 
------- 

But the rest stands. 

Note also that http://en.wikipedia.org/wiki/Frank_Easterbrook

"... is noted for his use of economic analysis of law, his legalist 
approach to judicial interpretation, for his clear writing style, and 
for being one of the most prolific judges of his generation. 
Easterbrook is one of the most prolific and most cited appellate 
judges in America."

So we can safely call GNU >>Unix offshoot<< just like Chief Judge 
Frank Easterbrook.

Hth.

regards, 
alexander. 

-- 
http://www.linuxtaliban.com/bilder.htm


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