On Fri, May 07, 2004 at 12:11:23AM -0400, Robert Snyder wrote:
<snip>
> Windows is a copyrighted name for a GUI OS with the ablility of multiple
> windows.... Not any really different than every other gui os out there But
> only one calls them self windows. It has become a word associated with
> microsoft.
>
You can't copyright a word. Neither can you patent it. This term is most
likely "trademarked". Used in another context, the use of the word does
not infringe on that trademark. The closer you get to the context of the
trademark, the more likely the trademark owner can sue and win an
infringement case. A car named "Windows" would be a completely different
context, and would probably not be considered by the court as an
infringment. Cases like this hinge on the opinion of the court. In the
case of Microsoft vs Lindows, some courts have ruled for Microsoft,
others haven't. But the number of lawsuits brought by a behemoth like
Microsoft against a small company like Lindows means that Lindows can't
possibly defend itself adequately in all of them and stay in business.
Robertson made a calculated risk in using the "Lindows" name,
hoping/believing that either Microsoft wouldn't sue, or that Lindows
would ultimately prevail. He may not have counted on Microsoft suing in
every jurisdiction on the planet. But that's the way it goes with
calculated _risks_.
Sometimes just the threat of lawsuit is enough to scare someone. IIRC,
there was a package called KIllustrator which, when threatened with a
lawsuit by Adobe, changed the package's name to something like Kontour.
As an Open Source package, they couldn't afford a court case.
I've heard it said that "Windows" as Microsoft uses the term has become
a generic term. I doubt it. I suspect Microsoft trademarked that term.
In order to maintain that trademark, they must defend it, in court if
necessary.
Like I said, Robertson make a calculated risk and lost. Stuff happens.
IANAL,
Paul
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