Re: Devlinks. Code. (Dcache abuse?)

From: Alex Bligh - linux-kernel (linux-kernel@alex.org.uk)
Date: Mon Nov 19 2001 - 17:06:38 EST


Alan,

>> Which trademark law are you violating by having that in a directory
>> name path, which you are not also violating by having it in the
>> kernel source, make config, name of the module and its printk()
>> on load, etc. etc.
>
> You can change all the other names with almost zero impact

Ah - OK; dname/dt didn't occur to me, but still this is
a consequence of a violation, not the violation itself; what
aspect of trademark law is a problem?

There are a few other examples of this. /proc/cpuinfo has

shed[amb].121$ cat /proc/cpuinfo
...
vendor_id : GenuineIntel
...
model name : Pentium III (Coppermine)

That's 2, if not 3 trademarks without acknowledgement that
might be searched for by userspace programs.

The solution is presumably that lanana doesn't accept /registered/
trademarks without a GPL compatible license from the trademark
holder. I don't believe you would have too much of a problem
with unregistered trademarks.

In any case, most trademark law has some concept of 'fair use'.
See the difficulty many trademark holders have in suing
registrants of [trademark]sucks.[registrysuffix]. I think
the use in terms of supporting hardware is pretty
fair. Cloning competing OS functionality is closer to
the wind I admit.

(Only tangentially relevant but for amusement value and a
 beautifully argued case read
  http://arbiter.wipo.int/domains/decisions/html/2001/d2001-0918.html
 enjoyment almost guaranteed
)

--
Alex Bligh
-
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
the body of a message to majordomo@vger.kernel.org
More majordomo info at  http://vger.kernel.org/majordomo-info.html
Please read the FAQ at  http://www.tux.org/lkml/



This archive was generated by hypermail 2b29 : Fri Nov 23 2001 - 21:00:21 EST