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| More SCO Trademark and SCOForum News |
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Saturday, July 31 2004 @ 05:36 AM EDT
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If you search for "SCO" on Google, this is what you find as their listing:
The SCO Group, Inc. | The Power of UNIX®
Click Here For SCOoffice Server 4.1 Details, SCOoffice Server 4.1 — Email
and Collaboration SCOoffice Server 4.1 combines security and reliability with ...
www.sco.com/ - 23k - Jul 29, 2004
"The Power of UNIX®"? What do you think? You think there may be another trademark popping up? I ran to the USPTO.gov site, and my search didn't find any such trademark. That means one of two things. Either it's too new to be in the database yet, or I didn't search correctly. Also, it could be that they are using UNIX as a trademark, and the rest just as a phrase. Since I have no idea which, I'm just posting it here so other eyeballs, like at The Open Group, will be aware, since they've already said they will be objecting to SCO's attempt to trademark UNIX SYSTEMS LABORATORIES.
Even if SCO could beat the Open Group, I still don't know if they could get this phrase as a trademark, even if that turns out to be their intent, because Apple has used the phrase also, and according to Wayback, they've been using the phrase "The Power of Unix" since at least December of 2002. I feel a Unix food fight coming on. A bigger one, I should say, because the Open Group and Apple have been boxing over Unix and trademarks for a while. Apple claimed their use is generic, that they're not using it as a trademark, and that means they'd find it hard to go against SCO. Their position is that no one can trademark Unix, because it is a generic term. UPDATE: The parties have signed a stipulation to stay proceedings because they are working out a settlement. That can happen to trademarks, like aspirin and linoleum, but only if a court says so. But even if that happened and no one could trademark UNIX, they could still trademark the phrase "The Power of UNIX". And using it first in commerce counts, even if you have not registered it with the USPTO. It'd be a crying shame, though, if UNIX ended up meaning nothing in particular. UNIX is supposed to mean something, that the software meets a certain standard, according to the Open Group. It's like champagne. If your bubbly white wine isn't from grapes from Champagne, France, you only get to call it sparkling wine or some such in the EU, because although it isn't technically a trademark, it is protected, and champagne means it really is from Champagne and made a certain way. But the point is, if Apple wins, SCO will not be able to hold on to any trademarks on the UNIX name. And if the Open Group wins, they still probably won't, if the Open Group has anything to say about it, and they do. The funny thing is, if you click on the link and go to the SCO site, there is no phrase "The Power of UNIX" visible on the page, so, I wondered, are they using a trademark as a search term? As metadata? I took a look at the source of the page, and what do you know? There it is, although I've altered the html to brackets so you can see it:
[html]
[head]
[title]The SCO Group, Inc. | The Power of UNIX[/title]
[meta name=description content="The SCO Group, Inc. — Nasdaq: SCOX"]
[meta name=keywords content="unix, scooffice server, scox, sco unixware, sco openserver"]
[meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1"]
[meta name="MSSmartTagsPreventParsing" content="TRUE"] If you look at the source of their SCOForum Selected Sponsors page, you'll find the same phrase, "The Power of UNIX". "Selected Sponsors" means the ones willing to go public? HP, still with one foot firmly planted on every side, will be there once again. It looks like SCO first started using the phrase"The Power of UNIX" in mid-June: "'To help resellers push the new offerings into the marketplace, The SCO Group also announced on Tuesday rebate programs for partners and marketing development funds for premier partners as well as co-branding materials that highlight the "Power of Unix,"' The SCO Group said." So, there you have it, ladies and gentlemen. The Power of UNIX. Woops. The Power of UNIX®? The question is, did they get permission from The Open Group to use this phrase? Do they need to? To trademark it, if they did or plan to? As for the trademark on UNIX SYSTEMS LABORATORIES, SCO wouldn't tell Maureen O'Gara what it was for. That's unusual, because I've formed the impression it normally tells her everything it wants the world to hear. SCOForum News I thought a certain Mr. Enderle was supposed to be giving the keynote address at SCOForum on the theme of how SCO can still beat IBM in the courtroom. But according to this article, there will be two keynotes, one by McBride ("discussing 'SCO: past, present, and future' and briefings on SCO's product roadmap") and one will be given by Chris Sontag (on "Protecting SCO's Intellectual Property . . . which aims to persuade Linux users to buy a licence."). No doubt that will be a treat. How often has the world gotten to hear Darl McBride and Chris Sontag speak about SCO and how they'd like Linux users to buy a license? Of course, they've been on hiatus for a while, keeping mighty quiet. So maybe it's like Hollywood couples who live together and then when they decide to get married, separate for a bit, so the honeymoon will seem fresh and new. Mr. Enderle is still listed on the schedule, though, so it appears that there will be lots of keynotes. Maybe someone will give a keynote about how SCO plans to win the legal battle over the new trademark(s). It's all about UNIX this year: "'The main theme at this year's SCO Forum event will be around the 25th anniversary of Unix on the Intel/AMD platform,' said Stowell.
"'Obviously, SCO has been squarely focused on that environment since its beginning and we will be taking a look at the past, present and future of Unix computing on Intel/AMD.'
"Stowell said that the company will be focusing on product news around the next release of SCO OpenServer (code-named Legend), the release of its email and collaboration product SCOoffice Server, and 'a unique concept for embracing the Unix developer community around the SCO Unix platforms'." This company has been "squarely focused" on UNIX "since its beginnings"? What about Caldera? You know, the 100% pure Linux company? SCO now reminds me of my favorite step-aunt. She changed her name three times. I mean her *first* name, although she had three husbands too and buried them all, getting richer with each transaction. She'd announce her new name to the family, and we all were supposed to call her by her new name from that day forward. No reason. Just, here's my new name. It was always jarring, and the family would lift their eyebrows and do their level best to remember. Her life story, the one she told new friends, had increasingly creative elements too, to put it delicately. Her manner of speaking became more and more upper class, and her style did too, especially after she became an art patroness. I didn't care, because she was interesting, and warm, and very nice to me, and she took me to museums and explained lots of fascinating details to me. But it was odd, and being a straightforward type of person, I never could get the hang of the new names and tended to revert to the original, which upset her. After her third husband died, her son set her up on a date with a rich doctor, but she refused to be bothered with him after the first date. She told me it was because he was boring. He was handsome and rich, definitely not drawbacks in the world according to an Aunti Mame, but he didn't know a Picasso from a pick-axe, and she couldn't imagine life with him. Instead, she travelled with friends to places like Cambodia and Thailand, and she would come back with unusual art objects, one of which I was given to remember her by. The wallpaper in her dining room was from China, and it had designs of bamboo trees, with the bark done in gold leaf. When she found out she had terminal cancer, instead of boohooing, she went to visit Leningrad, because there was some medieval religious art there she had always wanted to see. She didn't tell the family she had cancer, except for me and her son, and we were sworn to secrecy. I actually used to call her my Auntie Mame, because she just kept reinventing herself in flamboyant ways. She liked that and she would always smile. I didn't tell her that I also called her that because it was hard to remember sometimes what the current name she wanted us to use was. She was an intelligent and accomplished self-made woman who decided at some point she didn't want to be who she really was any more. Her funeral was a riot, because all kinds of people showed up and told stories about wild weekends in Milan with her and such that made the family's hair stand on end. When I walked out of the restaurant with her only son, after the long day was over, he said to me a little wistfully, "Well, I always knew my mother had fun. I just never knew how much fun." The thing is, at the memorial, everyone used different names when talking about her, and in a way it was a metaphor, because in the end no one really knew who she was. Those who knew her only at the end certainly knew only part of the story. Those of us who knew her from the beginning found out that night that while we knew all the names, we didn't know all there was to know. So, who really was she? When I talked about her after her death, I only used her real name, the one she had when I first knew her, and it was a relief. Then, last week, my uncle told me that actually she had a fourth name, the one she was born with. She changed it when she left home as a young woman. As I see SCO trying to morph, it makes me think of my aunt. I guess poor SCO, like my Auntie Mame, has decided it just doesn't want to be Caldera any more and would like us to forget all about that true history, so it can reinvent itself at will. OK. We'll do our best, at least when they're around, so as not to hurt their feelings, but I do know they were Caldera, and they sold Linux under the GPL.
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| Authored by: Weeble on Saturday, July 31 2004 @ 05:41 AM EDT |
So PJ can find 'em.
---
MS Windows doesn't HAVE security holes--it IS a security hole.
[ Reply to This | # ]
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| Authored by: stephanwolf on Saturday, July 31 2004 @ 05:43 AM EDT |
As always Groklaw is one of the best reads on the internet PJ. You put a smile
on many more faces than me I'm sure and have captured hearts in the process.
Perhaps when SCO is dead and burried you'll find more things to write and the
many eyes watching now will be waiting.
SW[ Reply to This | # ]
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| Authored by: Weeble on Saturday, July 31 2004 @ 05:43 AM EDT |
So we can find 'em.
---
MS Windows doesn't HAVE security holes--it IS a security hole.
[ Reply to This | # ]
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| Authored by: Weeble on Saturday, July 31 2004 @ 05:47 AM EDT |
So we can ignore 'em at will.
Of course, the Steak Bad Pun Thread is already running under "Misteaks Go
HERE".
---
MS Windows doesn't HAVE security holes--it IS a security hole.
[ Reply to This | # ]
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- Off-Topic Stuff, Trolling, Astroturfing, Bad Pun Threads Go HERE - Authored by: scott_R on Saturday, July 31 2004 @ 06:15 AM EDT
- Sparkling wine. - Authored by: archonix on Saturday, July 31 2004 @ 08:12 AM EDT
- NY times: Pursuing Growth, Microsoft Steps Up Patent Chase - Authored by: macrorodent on Saturday, July 31 2004 @ 10:12 AM EDT
- Undoubtedly - Authored by: Anonymous on Sunday, August 01 2004 @ 04:43 PM EDT
- OT--SCO alumini--Steve Cakebread - Authored by: jraustin on Saturday, July 31 2004 @ 10:48 AM EDT
- OT: Privacy of airline customers dismissed by judge - Authored by: Anonymous on Saturday, July 31 2004 @ 10:54 AM EDT
- OT---SCO v IBM statistics - Authored by: brian on Saturday, July 31 2004 @ 12:18 PM EDT
- One ring goes here - Authored by: Anonymous on Saturday, July 31 2004 @ 05:32 PM EDT
- The Guvernator and the Borg - Authored by: Anonymous on Saturday, July 31 2004 @ 06:52 PM EDT
- Off-Topic Stuff, Trolling, Astroturfing, Bad Pun Threads Go HERE - Authored by: Harry Clayton on Saturday, July 31 2004 @ 07:48 PM EDT
- Your money is secure with MS Money, not even you can access it... - Authored by: Anonymous on Saturday, July 31 2004 @ 08:04 PM EDT
- Your money is secure with MS Money, not even you can access it... - Authored by: Anonymous on Saturday, July 31 2004 @ 08:09 PM EDT
- OT - MS to become spam broker? - Authored by: MikeA on Saturday, July 31 2004 @ 10:34 PM EDT
- Noticed a slightly disturbing trend with the whole SCO/Novell/IBM/Linux litigation - Authored by: jumpman on Sunday, August 01 2004 @ 01:38 AM EDT
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| Authored by: Steve Martin on Saturday, July 31 2004 @ 05:49 AM EDT |
I took a look at the source of the page, and what do you
know? There it is, although I've altered the html to brackets so you can see
it:
Hi, PJ. Keep up the good work.
For the
readers who aren't all that savvy on HTML, the appearance here of "The Power of
UNIX ® is not all that mysterious. The HTML code shown merely displays the
phrase in the title bar of the browser. Your story could have been interpreted
as implying that this code intended a clandestine usage, but that's not the case
here.
P.S. Get some sleep. :)
---
"When I say something, I
put my name next to it." -- Isaac Jaffee, "Sports Night" [ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 31 2004 @ 06:16 AM EDT |
Are you sure they are using the whole phrase as a trademark? The way I read it
was "The Power of" and then only the "UNIX" bit being the
trademark. That is the (R) bit only applying to the word UNIX.[ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 31 2004 @ 06:17 AM EDT |
Wonderful allogorical story PJ. Your step-aunt was an amazing woman. And well
remembered by everyone, the mark of a life lived to the full.
Steve[ Reply to This | # ]
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| Authored by: Simon G Best on Saturday, July 31 2004 @ 06:26 AM EDT |
"The Power of UNIX®"? What do you think?
I think
the "®" just means that "UNIX" is a registered trademark (of The Open Group, of
course), not that "The Power of UNIX" is a registered
trademark.
But it would be no surprise at all if The SCO Group would
like it if people misread "The Power of UNIX®" as meaning that "The Power of
UNIX" is a registered trademark of The SCO Group.
Strangely, I
noticed that "The Power of UNIX®" thing just today, when I happened to nose my
way to The SCO Group's website. I hardly ever visit their site, and it's surely
been months since my last visit. But I did briefly wonder if, perhaps, The SCO
Group were being deliberately ambiguous.
---
Open and Honest - Open
Source
[ Reply to This | # ]
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| Authored by: blacklight on Saturday, July 31 2004 @ 06:29 AM EDT |
"SCO now reminds me of my favorite step-aunt. She changed her name three
times." PJ
PJ: Unlike SCOG, your aunt hurt no one and attempted to hurt no one. Yes,
everyone at her funeral called her by one of the three different names she
picked up but I don't see any attempt to mislead, even unintentionally, on her
part. From what you have told us about your aunt, the context of action,
behavior and intention between her and SCOG are worlds apart. If she were my
aunt, she could have picked up six names from six late husbands for all I
care.
[ Reply to This | # ]
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| Authored by: Franki on Saturday, July 31 2004 @ 06:50 AM EDT |
Yes but did your auntie ever sell Linux ?
I wondered for a while whether SCO would go back to Linux if they lost the UNIX
wars, but I guess this is a 'bet the company' deal for them. There is no place
for them in Linux any more, they bit the hand that fed them and now if they try
to go back, that same hand is very likely to slap them silly.
(in fact it probably will anyway.)
RIP SCO2, we never liked you much, but at least you were entertaining.
(The company formerly known as Caldera/SCO1(in their own minds) SCO2 and
"UNIX system laboratories" (in their dreams.)
Regards
Franki
---
Is M$ behind Linux attacks?
http://htmlfixit.com/index.php?p=86[ Reply to This | # ]
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| Authored by: dodger on Saturday, July 31 2004 @ 06:59 AM EDT |
I wonder if there is a strategy. It is certainly not by chance that these
'little slips' keep popping up. Perhaps SCOG is in for a long haul and are
planting 'proofs' that they have been using/misusing trademarks for a long time,
so that in ten years time they can say that 'back in 2004.....we....). Perhaps
by using the Apple phrase 'The Power of UNIX' they can somehow argue that the
Open Group is not protecting its trademark, and hence they don't own it. To
protect it, they must go after every instance of its misuse. If the Open Group
does not take SCOG to task, it would be proof they are no longer considering it
a trademark. That opens the door for SCOG to register it.[ Reply to This | # ]
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| Authored by: Tomas on Saturday, July 31 2004 @ 07:05 AM EDT |
| I saw your comment on Apple and The Open Group's heartburn with Apple saying
that their OS X is "UNIX Based."
Yes, TOG is currently suing Apple about
this, and I am in a quandry about who I agree with. In some ways, I agree that
TOG needs to protect it's mark, but in others I think TOG is out of line
demanding over US$100,000 per year from Apple for the priviledge of saying
(truthfully) that their OS is UNIX based.
Apple's OS X is the Darwin flavor
of freeBSD, which certainly makes it UNIX based, and as such can trace it's
heritage back to even before there WAS a TOG or a registered trademark (I've
used UNIX since it was only "TM").
Apple feels no need to have TOG certify
that OS X meets the Open Group's UNIX® standards, and at the same time feels
that it is perfectly legitimate to describe their OS as being UNIX based because
that is exactly what it is.
Personally, I think that TOG needs at least one
more level of allowing the use of the UNIX name: Not as a certification that a
system us really "UNIX®" or that it is current, but one should definately be
allowed to tell the historical truth that their current OS is "UNIX Based" as
Apple does.
I feel that the US$100,000 yearly license fee from TOG would
be fine if Apple were asking for certification that OS X meets current Open
Group UNIX® standards. I think it is a bit overmuch for a company simply stating
a historical truth.
(And yes, I've been a UNIX user since 1982 and added
Macs in 1986. I've never used MS Windows...)
Lastly, is Apple's OS X "UNIX
Based?" Here's a PDF
describing the OS X kernel so anyone interested can determine if it is "UNIX
Based." There are equivalent PDF's for each layer of the OS describing what they
are, also. Enjoy. ---
Tom
Engineer (ret.)
"Friends don't let friends use Microsoft." [ Reply to This | # ]
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- The Open Group's "UNIX®" and Apple - Authored by: Stumbles on Saturday, July 31 2004 @ 07:52 AM EDT
- And Apple could always "morph". - Authored by: BlueSmurf on Saturday, July 31 2004 @ 08:11 AM EDT
- The Open Group's "UNIX®" and Apple - Authored by: RK on Saturday, July 31 2004 @ 08:16 AM EDT
- Except... - Authored by: darthaggie on Saturday, July 31 2004 @ 08:56 AM EDT
- "The power of UNIX." on apple.com - Authored by: Anonymous on Saturday, July 31 2004 @ 09:01 AM EDT
- Apple have little regard for other people's names - Authored by: cricketjeff on Saturday, July 31 2004 @ 04:18 PM EDT
- The Open Group's "UNIX®" and Apple - Authored by: Harry Clayton on Saturday, July 31 2004 @ 05:10 PM EDT
- Note to Open Group on "UNIX®" and Apple - Authored by: bbaston on Saturday, July 31 2004 @ 08:14 PM EDT
- Note to Open Group on "UNIX®" and Apple - Authored by: bbaston on Saturday, July 31 2004 @ 08:21 PM EDT
- Apple is wrong - Authored by: Anonymous on Sunday, August 01 2004 @ 12:17 AM EDT
- The Open Group's "UNIX®" and Apple - Authored by: Anonymous on Sunday, August 01 2004 @ 03:18 AM EDT
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| Authored by: peragrin on Saturday, July 31 2004 @ 07:26 AM EDT |
There is one major difference though between your Aunt who
never really found herself, and SCO who was never really
found.
That is your Aunt may not of known who she was, but she
tried to find out, and in the process she probally had a
really good and fun filled life.
SCO on the other hand is demanding that someone tell them
what they are. They have no real identity, other than
litigation now a days. SCO is starting to look like darl,
withdrawn, overstressed and no idea of how to live Life at
all.
I just wish some one would put the poor horse out of it's
misery(sept 15??? hopefully)
---
I thought once I was found but it was only a dream.[ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 31 2004 @ 07:50 AM EDT |
If you search for this phrase on Google, you get more than 11,000 hits. While I
didn't check out all of them, it would seem this phrase is in very common use
and I would think therefore difficult or impossible to trademark.
The ® probably does apply simply to the word UNIX, although (on the one SCO page
I viewed) SCO does not give proper credit to The Open Group. All in all I am
sure SCO wants to imply that "The Power of UNIX" is their registered
trademark without actually saying so.
Just more smoke. I would say that The Open Group needs to break out their fire
extinguisher...[ Reply to This | # ]
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| Authored by: pfaut on Saturday, July 31 2004 @ 08:30 AM EDT |
Nice story about your aunt, PJ, but it doesn't really fit the SCO situation.
Your aunt kept creating new identities while SCO is trying to assume
old identies previously held by others. Your aunt may have been running
from her past but SCO is attempting to create confusion by running to someone
elses. [ Reply to This | # ]
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| Authored by: kberrien on Saturday, July 31 2004 @ 08:30 AM EDT |
SCO reminds me of that family business. You know, the one where the family
members fight constantly and can't be on the same page as everyone else. Where
the right hands seems to always hinder the left - as the business hemorrhages
money.
It seems SCO can't even get it straight in terms of marketing. And no wonder -
imagine being the marketing guy! He'd/she'd have to read the news, and THEN the
court documents just to figure out what the company stance is.
SCO can't seem to get a single marketing idea, slogan, sales phrase, identity
together. Its all skitzo. Are there 10 copies of company letter head floating
around? One that says "Power of Unix", another "Unix Systems
Laboratories", another "Owner of Unix"... etc?[ Reply to This | # ]
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| Authored by: chris_bloke on Saturday, July 31 2004 @ 09:29 AM EDT |
Regarding the registered trademark symbol, it's odd that
it appears in
the Google cache version but not on the
version that you now get from their
website (or even in
the version that PJ quotes in the article).
Sadly there's no Wayback Machine entries for SCO in 2004
anymore, so no way
to cross check.
Anyone else keeping an archive of their front page
that
can verify what actually happened ?
Google says that was the
page as of the 29th July.
[ Reply to This | # ]
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| Authored by: Totosplatz on Saturday, July 31 2004 @ 10:04 AM EDT |
The referenced
article about the Open Group resisting TSCOG's attempt to revive the UNIX
System Laboratories trademark says this:
As part of its Unix
divestiture, Novell transferred the Unix copyright to the Open
Group.
They never get it quite right: trademarks, copyrights, what's
the diff to the media? Novell transferred the trademark UNIX(TM), not "the
copyright on UNIX." ---
All the best to one and all. [ Reply to This | # ]
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| Authored by: Bill The Cat on Saturday, July 31 2004 @ 10:17 AM EDT |
It is NOT legal to use the Registered symbol on a trademark that is not
registered.
---
Bill Catz[ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 31 2004 @ 10:31 AM EDT |
I looked at the link you posted and did a search for the phrase "power of
unix". It came up with 15-18 hits; 13 had the trademark sign. However, I
suspect that the reason for this move to UNIX is that after they loose their
current legal battles, they will need another litigation target. They are
inviting a suit from the Open Group. The move to UNIX products again is based
on their Linux loss. The delay in SCOvsIBM is so that the bad news does not
come out immediately after the SCOforum. If the Open Group obliges and sues
they can drag out the case for a couple of years; however, if the Open Group
does not sue, SCO will try to collect fees from every UNIX user. I'll tell you
Darl is one sick puppy.[ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 31 2004 @ 11:58 AM EDT |
see
Master
Foo Discourses on the Unix-Nature
[ Reply to This | # ]
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| Authored by: ujay on Saturday, July 31 2004 @ 12:27 PM EDT |
It does not matter what trademarks, marketspeak or warm fuzzy hyperbole SCO
comes up with. SCO is dead, and as long as they have any relationship to Unix,
it is quite probable that Unix will fade away as well.
Business managers may buy the SCOSpeak, but the real alternatives are suggested
and sold by the technical people in any business. Add in the risk factor of
using any SCO product, it becomes easier to sell a changeover to management.
With the rapid pace of hardware production and improvement, it may only take as
little as 2 years for them to lose their entire install base, as companies
prepare to retire older equipment for newer, faster, and more capable hardware.
Along with that decision is the desicion of what OS suppliers to utilize.
I think the only way to secure a future for Unix overall, is for SCO to sell it,
and step out of the picture. Unfortunately, the environment of greed, lies,
deception and desperation at SCO will not allow this. They would rather act
like punks at a party, breaking the presents, and knocking over the cake, then
swaggering around because they got more than the 'suckers'.
---
Windows - How do you want to be exploited today.[ Reply to This | # ]
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| Authored by: kawabago on Saturday, July 31 2004 @ 01:06 PM EDT |
They probably did tell her she just got it wrong. The last time I read her
words she left no doubt that she knew what she was saying was untrue.
Someone make sure to tell Enderle to suck, blow is just an expression!
[ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 31 2004 @ 01:09 PM EDT |
| We are in the process of updating the SCO wars related entries in Wikipedia. Any help, contributions and
corrections from the knowledgable group would be most valuable.
Wikipedia is
the result of the open source strategy applied to creating a permanent reference
base for the web world. The content can be created and edited by anybody.
There is a core concept of Nutral
Point of View that avoids ranting and evangelizing. But facts can be
presented, and opinionated comments must be attributed to someone, often just
"some observers".
the main relevant articles are:
SCO Group
SCO v IBM
UNIX
and where ever they may
lead you.
Groklaw is a tremendous research site. But we also need a place
that gives us an organized, coherent, and current picture of what we have
learned. [ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 31 2004 @ 01:34 PM EDT |
The "R" belongs only to the word UNIX. It indicates a registered
trademark, one that has gone through the registration process and has been
accepted, a process that takes about a year to complete. Until that time, or if
the registration process isn't done at all, the claim to ownership of a mark
will be indicated by a small "TM" (for trade mark) or "SM"
(for service mark).
A trademark is reserved for things like the name of a business, i.e. FORD, while
a service mark is usually used for items associated with the business, i.e.
"Built Ford Tough."
[ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 31 2004 @ 01:47 PM EDT |
Looks like an O'Gara admirer left nasty
remarks about PJ over at LinuxWorld.
<http://www.linuxworld.com/story/45744.htm>[ Reply to This | # ]
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| Authored by: JeR on Saturday, July 31 2004 @ 03:17 PM EDT |
Some people (mainly _Arthur :-) have done some proofreading recently and today I
have added the Addendum, the Certificate of Service, and the other pages at the
end of the filed IBM-206.pdf, the 107
page monster (including the Addendum and so on), also known
as
MEMORANDUM IN OPPOSITION TO DEFENDANT INTERNATIONAL BUSINESS
MACHINES’ MOTION FOR SUMMARY JUDGMENT ON ITS TENTH COUNTERCLAIM FOR
DECLARATORY JUDGMENT OF NON-INFRINGEMENT
You can always
find the latest HTML'ified version of IBM-206.pdf here. [ Reply to This | # ]
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| Authored by: geoff lane on Saturday, July 31 2004 @ 03:23 PM EDT |
I don't know what to make of this little report, Easton delays decision on computer
consultant.
In addition to charging less, R-Squared has
experience with the SCO Unix network that Humphrey wants to use to network all
the city departments and bureaus. Hodges President Mel Hodges said his SCO Unix
expert would be a subcontractor.
It seems that SCO still has
some resellers.
---
Ten Truths Of Linux --
http://zoe.mcc.ac.uk/tentruths.html
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| Authored by: UglyGreenTroll on Saturday, July 31 2004 @ 04:48 PM EDT |
| Maybe I'm dumb, but I don't get the fuss.
1. SCO puts a registered mark
symbol after a word (UNIX) which is, according to the patent and trademark
office, a live registered trademark. Is this not the proper thing to do?
Granted, one might mistakenly assume that the entire phrase "The Power of UNIX"
is a registered trademark, but I see no crime against humanity here.
2. SCO
already has a registered trademark that uses the word "Unix" - that is,
"UnixWare" - and I've never heard anyone make a fuss over it. If that's okay,
why is "Unix System Laboratories" so wrong?
If a company other than SCO
tried to register "Unix System Laboratories", would there be such outrage? I
seriously doubt it. Someone might question whether such a trademark should be
allowed, but there wouldn't be all this frothing at the mouth.
SCO (or any
entity) should be criticized for it's real transgressions, not minor or
imaginary stuff like this. SCO, like it or not, still has as much right to carry
on their legitimate Unix business as any other company.
Or am I just thick
as a brick? [ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 31 2004 @ 04:57 PM EDT |
WinTel: The only Architectue where a Reset Button on the front panel is a
Feature...and the keyboard reboot becomes the relogin function...
For more fun: Google for Corporate Personhood.
Tom
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| Authored by: Anonymous on Saturday, July 31 2004 @ 06:13 PM EDT |
I changed my name once. Although not in a major way (I switched the name I was
called by from my second name to my first).
The reason? None really, I just felt a bit 'bored' with my second name.. If
you've got several, why not use them?
At least from my perspective, it seems to matter more to other people than
myself. To me, I'm "me". What other people call me doesn't change who
I am.
Now sure, there are certainly people who don't want to be themselves, and some
of them seem to go to great lengths to try and change how people view them, as
if that would actually change who they really are.
Anyway. My point is: If you have strong character, your name shouldn't matter to
you. YOU know who you are. A name is just a label for the convenience of
others.
I wouldn't change my last-name though. For me, it isn't mine to change. It
belongs to my family.
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| Authored by: hipster on Saturday, July 31 2004 @ 06:31 PM EDT |
PJ writes:Also, it could be that they are using UNIX as a trademark, and
the rest just as a phrase.
I think the license from The Open Group is
clear: you may only use the name "UNIX" as an adjective and display it
prominently.
Of these two requirements, only the second one is met by SCO´s
"The Power of UNIX" phrase.
Get ready for The Open Group to start loading
their legal arsenal and head for Holy IP war.
These are indeed exciting
times, one that our grandchildren will be reading about at Groklaw
school.
Keep up the great work.
Hipper-Than-SCOu
---
HipIam
Every man is a damn fool for at least five minutes every day; wisdom consists in
not exceeding the limit. ~Elbert Hubbard [ Reply to This | # ]
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| Authored by: brian on Saturday, July 31 2004 @ 07:06 PM EDT |
Yet another newsforge article
here
that
discusses SCO's licensing from the Open Group.
My favorite quote from
this article is:
"Notice
something missing? That's right, there are no SCO
products
that have passed the Unix 03 or Unix 98 standards. To find
UnixWare
you have to go back to the Unix 95 standard,
where you'll find a handful of
other Unixes, including
SGI's IRIX and HP's HP-UX. To find SCO OpenServer you
have
to go all the way back to Unix 93, a standard ten years
out of
date."
It is very interesting and a good catch if you ask
me.
B. ---
#ifndef IANAL
#define IANAL
#endif [ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 31 2004 @ 07:45 PM EDT |
Best part about this article is PJ's aunt.
She must have been one heck of a relative. PJ's lucky.[ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 31 2004 @ 09:15 PM EDT |
The SCO troll Daniel Wallace is
speculating that SCO may sue over
the use of the trademark "Linux"
since it resembles "Unix System
Laboratories" and "UnixWare".
He says it reduces "brand equity".
Darl probably told him this.
I think he is an SCO employee.[ Reply to This | # ]
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| Authored by: jto on Saturday, July 31 2004 @ 09:58 PM EDT |
If you check out the Five Reasons to
Choose UNIX instead of Linux page at http://www.sco.com/5reasons/ they make
it clear that UNIX is a trademark of The Open Group.
However, I am more
concerned about the attribution on this page. They state UNIX® and UnixWare,
used under an exclusive license, are registered trademarks of The Open
Group in the United States and other countries. SCO dodes not have an
exclusive license to the UNIX trademark, just to UnixWare as far as I know and
the way this is worded is misleading. Here SCO as twisted the attribution
rules at The Open Group web site which state that attribution must be either
UNIX is a registered trademark of The Open Group in the United States and
other countries or UNIX is a registered trademark in the United
States and other countries, licensed exclusively through X/Open Company
Ltd.. You can see the subtle twisting to make it sound like SCO as an
exclusive license rather than that only The Open Group can license the
trademark! ---
Regards, JTO [ Reply to This | # ]
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| Authored by: pingdave on Saturday, July 31 2004 @ 10:02 PM EDT |
She sounds like someone who lived her life to fullest and enjoyed every minute
of it - and to hell with societal conventions.
IMO, that is some of the best writing you've ever done, I could see your Aunt
almost as clearly as if she were standing before me. Her life lesson is a good
one: life is short, do what your heart desires; forgiveness is easier to get
than permission.
Maybe you have inherited some of your Aunt's spunkiness and flair for causing
ripples in the vast pond of sameness?
LOL!
Dave
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| Authored by: Anonymous on Sunday, August 01 2004 @ 12:17 AM EDT |
| MKS has long used the phrase "The Power of
UNIX" (with a capital "P") in its marketing literature. For example, see its
listing of Other
MKS Toolkit Products. The Internet Archive shows they've been doing this
since at least March 2001, but I vaguely recall they were doing it before then.
MKS is based in Canada but does a lot of business in the US. No doubt they'd be
interested to hear that SCO is trademarking that phrase. [ Reply to This | # ]
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| Authored by: Anonymous on Sunday, August 01 2004 @ 12:49 PM EDT |
| "The power of UNIX" as my own trademark! BWAHAHAHAHAHAHA [ Reply to This | # ]
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| Authored by: Anonymous on Sunday, August 01 2004 @ 02:01 PM EDT |
| Is clearly visible on the home page of SCO
Benelux.
H@ns [ Reply to This | # ]
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| Authored by: Anonymous on Sunday, August 01 2004 @ 02:10 PM EDT |
| The complete list
is:
- SCO UnixWare® 7.1.4
- SCO UnixWare® 7.1.3
- SCO
OpenServer 5.0.7
- SCO Update Service
- SCOx Web
Services
- Vintela Authentication
- SCOoffice Mail Server™
H@ns
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| Authored by: Steve Martin on Sunday, August 01 2004 @ 05:25 PM EDT |
UPDATE: The parties have signed a stipulation to stay
proceedings because they are working out a
settlement.
PJ, which parties are those, The Open
Group and Apple or The Open Group and TSG?
---
"When I say something,
I put my name next to it." -- Isaac Jaffee, "Sports Night" [ Reply to This | # ]
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| Authored by: rand on Sunday, August 01 2004 @ 09:19 PM EDT |
"'The main theme at this year's SCO Forum event will be around the
25th anniversary of Unix on the Intel/AMD platform,' said
Stowell.
"'Obviously, SCO has been squarely focused on that environment
since its beginning and we will be taking a look at the past, present and future
of Unix computing on Intel/AMD.'
OldSCO was started 25 years ago,
in 1979, true, but did they immediately begin work on 8086?
Microsoft purchased a license for UNIX 7th Edition from AT&T in
1979, and announced on August 25, 1980 that it would make it available for the
16-bit microcomputer market. Xenix was not sold directly to end users; Microsoft
licensed it to computer manufacturers who then ported it to their systems. The
first ports of Xenix were to the Zilog Z8001 16-bit processor.
Altos shipped
a version for their computers early in 1982, Tandy Corporation shipped one for
their 68000-based systems in January 1983, and Santa Cruz Operation (SCO) [who
MS had hired to do the MS version] released their port to the Intel 8086
processor in September 1983.
http://en.wikipedia.org/wiki/Xenix ---
carpe ductum -- "Grab the tape" (IANAL and so forth and
so on) [ Reply to This | # ]
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| Authored by: Tomas on Sunday, August 01 2004 @ 10:31 PM EDT |
If someone were to take one of the classic UNIX versions that were released to
the public domain, put the source onto CD-ROMs - clean, unaltered, historically
accurate, complete - prominantly label it "UNIX V7" or whatever, and
push the commercial sale of it for not much more than the cost of the media,
would The Open Group consider it "UNIX®"?
====
My understanding is no, they would not - it does not meet their enlightened
standards and would not pass the test of being a genuine "UNIX®".
This is despite the acknowledged fact that at one time what is on those CD-ROMs
was the very *definition* of UNIX.
In another vein, historically, BSD UNIX was also referred to and accepted,
grudgingly, as UNIX, even at BTL when I worked there in the early 80's.
When BTL rolled a lot of BSD features and code into UNIX System IV in '82 and
'83, they were simply taking the best UNIX ideas from many elsewheres and making
the AT&T version of it better and more versatile.
That was, IIRC, very difficult. Not because what they were putting into
AT&T's UNIX wasn't really UNIX, but because BTL had a huge "NIH"
problem in it's internal culture.
System IV was trying to bring an OS who's development had forked, back into a
single "official" version that contained the best of both forks. What
resulted, for final public release, was UNIX System V.
I'd be happy for anyone else who was there to correct me, but that's the way I
remember it being.
Anyway, if The Open Group would refuse to allow the definitive historical UNIX
systems to be called UNIX these days, if commercially distributed, IMHO they are
wrong.
Yes they own the trademark. Fine. Now they need to develop some rules of use for
it that actually reflect the real world. Right now, my opinion is they are a bit
too anal at times, but also not quick enough to respond. It is not ALL about
compliance with recent TOG standards...
Then again, I could easily be wrong - it has happened before. :o)
(You may have noticed, this post has *nothing* to do with SCO or Linux.)
---
Tom
Engineer (ret.)
"Friends don't let friends use Microsoft."[ Reply to This | # ]
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| Authored by: Anonymous on Monday, August 02 2004 @ 12:59 PM EDT |
"UPDATE: The parties have signed a stipulation to stay proceedings because
they are working out a settlement. "
Memo to TOG: Don't take stock.
In fact, don't take a check.
And whatever you do, don't sign a contract, because that just means you'll get
sued.
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