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GNU is Not Unix Software Government Patents The Courts Linux News

Stallman Claims Linux Trademark Doesn't Matter 589

Tontoman writes "ZDNet UK reports on an interview with Richard Stallman with the Sydney Morning Herald. From the article: '"Free software means you're free to run it, study it, change it, redistribute it, and distribute modified versions the way cooks do with recipes. What names you're allowed to call a program is a side issue." The Linux trademark became an issue last month after a lawyer acting on behalf of Linux creator Linus Torvalds wrote to 90 Australian companies asking that they sign a statutory declaration waiving exclusive rights to the trademark's use.'"
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Stallman Claims Linux Trademark Doesn't Matter

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  • by Anonymous Coward on Sunday August 28, 2005 @07:59AM (#13420328)
    Especially since those companies should be using the name GNU/Linux.
    • It would have to be GNU/Linux® in order to comply with the trademark requirements.

      It says so quite clearly here:
      http://www.linuxmark.org/attribution.html [linuxmark.org]

      And page or post mentioning it should have the following attribution somewhere:

      "Linux® is the registered trademark of Linus Torvalds in the U.S. and other countries."

      Obviously anyone using the word Linux without the ® as specified by the web page is using it incorrectly.
  • yawn (Score:5, Funny)

    by hostyle ( 773991 ) on Sunday August 28, 2005 @08:01AM (#13420331)
    Richard Stallman? Pfh. What we all want to know is what Simon Cowell thinks!
  • by Anonymous Coward on Sunday August 28, 2005 @08:01AM (#13420333)
    The end of the article has this classic quote from Stallman:

    "Most of the time, when people call something 'Linux', it's the GNU system with Linux as the kernel. Maybe this policy will encourage people to call it GNU,"

    Which he follows up with:

    "I prefer to say GNU/Linux' so as to give the kernel's developer a share of the credit."

    My, how generous!
    • Re:Same old RMS (Score:2, Insightful)

      by Adelbert ( 873575 )
      I've always wondered, if you've got Acrobat on your system, would Stallman want you to call it Adobe/GNU/Linux? 'Cos I've got ATI/Adobe/Real/Lexmark/GNU/Linux in that case.

      "GNU/Linux" was never about giving people credit. It was about ensuring that Stallman's work in establishing a free software community is never forgotten.

      • Re:Same old RMS (Score:5, Insightful)

        by m50d ( 797211 ) on Sunday August 28, 2005 @08:26AM (#13420392) Homepage Journal
        His point is that 22% of the code in a typical "Linux" distribution is written by the GNU, more than (pulling a number out my ass) any 3 other "authors" (or organisations) put together, wheras less than 1% is Linux. If you want to call it GNU/MIT/KDE/..., go on, but if you're going to call it by a single thing, that should be GNU, not Linux.
        • Re:Same old RMS (Score:4, Insightful)

          by Waffle Iron ( 339739 ) on Sunday August 28, 2005 @09:49AM (#13420616)
          Judging from the package sizes, it looks like the majority of the lines of code that I actually use day to day were written by the KDE developers. So I guess I'll just call my system KDE.
          • by Seumas ( 6865 ) * on Sunday August 28, 2005 @10:18AM (#13420705)
            So what you're saying is Stallman's package is too small . . . ?
        • Re:Same old RMS (Score:5, Insightful)

          by ebuck ( 585470 ) on Sunday August 28, 2005 @10:45AM (#13420792)
          Yes, a lot of the code comes from GNU, and Stallman is trying to ride the coattails of the Linux wave. It's about making sure his organization is still relevant and a leader in open source software.

          Which is silly, because his organization is a leader in open source software by virtue of it's large size and diversity of projects. That is, it has that title by merit. As far as I can recall, he never asked us to call some of the platforms I worked on GNU/Digital UNIX, or GNU/Tru64, or GNU/HPUX. The only reason he's jumping on Linux is because it provides an easy target for cheap-shot advertisement.

          Aside from that, there's little historical precedent to do what he is asking for. Many pieces of engineering are named after the one critical component that is essential for it's operation. It's evern sillier when you're attaching a conflicting brand name and you're not the creator of the critical component. For example:

          Nuclear Reactor (not IBM/Nuclear Reactor)
          Jet Aeroplane (not Goodyear/Jet Airplane)
          Steam Engine (not Taco Bell/Steam Engine)
          Computer Keyboard (not BOSE/Computer Keyboard)
          Textbook (not Kelloggs/Textbook)
          Linux Kernel (not GNU/Linux Kernel)

          It's an even odder arrangement when adding two different brands in the same marketplace.

          Kellogs/Quaker Oats
          General Mills/Betty Crocker Biquick
          Lexmark/HP printer
          GNU/RedHat
          GNU/SuSE
          GNU/Linux

          (the only reason the last one isn't odd is because you've been told via countless articles and advertisements that it isn't)

          Stallman has done some wonderful things for computing, but now his tactics are hurting him just as much as they used to help him. It's sad to see him demanding equal air time in the name of a product. He should just require (as others do) that it mention somewhere in the materials that it uses GNU software.

          If he just managed his project well, and got HURD out of the door, the need for a LINUX would probably have been met. Instead, GNU mostly lives as an add-on to other people's products. It's a shame that Stallman desires a "social license" that requires inclusion of his trademark in other people's trademark.

          Like my Bridestone/BOSE/Pontiac Grand AM?
          • by tepples ( 727027 )

            Many pieces of engineering are named after the one critical component that is essential for it's operation. It's evern sillier when you're attaching a conflicting brand name and you're not the creator of the critical component.

            What makes you say that GNU Compiler Collection (gcc) and GNU C Library (glibc), both maintained by FSF, are less critical to a free operating system than Linux, maintained by Linus Torvalds? A GNU system could run on a *BSD kernel [debian.org] for all I care.

          • Re:Same old RMS (Score:3, Insightful)

            by pallmall1 ( 882819 )
            The only reason he's jumping on Linux is because it provides an easy target for cheap-shot advertisement.

            Stallman's not jumping on Linux, and Stallman isn't sending letters out of the blue to users telling them to license the word/entity/trademark/whatever GNU, or setting a fee scale for it. The Linux Mark Institute [linuxmark.org] is doing that.

            The real reason Linux® is being "protected" and not given to the public domain as a generic trademark is not to prevent "tarnishing of the Linux name," it's being done
        • if you're going to call it by a single thing, that should be GNU, not Linux.

          Richard? Is that you?
      • Re:Same old RMS (Score:5, Interesting)

        by Haeleth ( 414428 ) on Sunday August 28, 2005 @08:31AM (#13420413) Journal
        I've always wondered, if you've got Acrobat on your system, would Stallman want you to call it Adobe/GNU/Linux?

        No, he would want you to remove it immediately and install a free PDF reader instead. Or, preferably, to stop using formats like PDF altogether in favour of something that's not so tied to a particular proprietary implementation. :P

        That aside, the point is that the average "Linux" distribution does rely on a GNU foundation in a way that it doesn't rely on X, or Gnome, or KDE, or TeX, or any of the other major software packages that people like to cite when arguing against the GNU/prefix. You can run the Linux kernel without any of those, and a lot of people do. But it's pretty difficult to get a Linux kernel at all without using the GNU compiler collection, and it's pretty unusual to use Linux without the GNU userland.

        Sure, you could try to compile the kernel with Intel's compiler instead, if you only want to run it on x86. And you could replace most or all of the GNU userland with the BSD equivalents, or with another alternative such as BusyBox. But firstly, most people don't; and secondly, RMS doesn't insist that such systems be called GNU/Linux anyway. The fact is that the Linux system, in its best-known configuration - the one configuration that RMS demands people refer to as GNU/Linux - is fundamentally reliant on the work of the many collaborators in the GNU project.

        It's true that "GNU/Linux" is ugly, and it's true that hardly anyone uses that name, and it's even true that RMS appears to be obsessed with this minor issue well beyond the bounds of what's reasonable. But you can't deny that he has a valid point - even if, like most people, you choose to reject the conclusion he draws from it.
        • Re:Same old RMS (Score:5, Insightful)

          by TheRaven64 ( 641858 ) on Sunday August 28, 2005 @09:14AM (#13420524) Journal
          Or, preferably, to stop using formats like PDF altogether in favour of something that's not so tied to a particular proprietary implementation. :P

          I very much doubt RMS has a problem with PDF. The format may be controlled by a single company, but the full specification is released and developers are Free (in the full-on RMS-compatible sense of the word) to implement their own readers or authoring software (contrasted with SWF, where the specification is available for people wishing to output Flash, but not for those wishing to read it). If, at any point, they added feature that were not part of the published specification, then RMS would start objecting.

      • Re:Same old RMS (Score:3, Interesting)

        by JabberWokky ( 19442 )
        The term KGX is used by some KDE people. It refers to KDE, the layer of GNU tools it uses and the layer of X that it uses. Since after that it could be running on any kernel, KGX comprises the environment being discussed - KDE is aggressively OS agnostic. If it's POSIX and has X, it should run KDE.

        --
        Evan

    • Re:Same old RMS (Score:5, Insightful)

      by Anonymous Coward on Sunday August 28, 2005 @08:29AM (#13420403)
      You people don't give RMS and GNU enough credit. Without GNU, GNU/Linux is just a kernel. Worthless. I realize that if it wasn't for GNU, Linux would have found some other system tools or written their own, but the point is to give credit where it is deserved.

      RMS shouldn't be blamed for encouraging people to say GNU/Linux. The system is just as much GNU as it is Linux.

      Also:
      GNU != RMS, as plenty of people seem to think. Wanting people to put GNU into the name of Linux is not trying to remember RMS. It's remembering GNU.
      • Re:Same old RMS (Score:5, Insightful)

        by lushman ( 251748 ) on Sunday August 28, 2005 @08:47AM (#13420448)
        Why does giving credit where credit is due, or naming, or trademarking have anything to do with open source? If something is released under the GPL (as RMS would want it) then it's yours to do whatever you like with. Change the code. Fork it. The code is free (as in speech and beer).

        So why call it anything? Do I call my Toyota a Ford/Toyota after the father of the production line? I mean, without the modern production line, where would Toyota be? We should give Henry Ford the credit, right?

        So why does RMS care? Would he object to me changing the names of the variables in his GPL code? He has given me permission, under the terms of the license, to do with it what I please, so long as I release the code if I distribute binaries. Sure I can rename it. Just like I can with variables or methods in the code itself.

        I can't argue that GNU's contribution is insignificant. But who cares what the name is? And prefixing things with GNU is just ridiculous. The point has been made - where do you draw the line? Am I running Mozilla/Adobe/Microsoft/Java/Darwin on my Mac at the moment? Maybe MacOSX is a better name for it, and is more easily marketable.

        I think I've made my stand pretty clear on this one. Call Linux whatever you like. Part of something being GPL is that you can rename it if you so please. And please feel free (as in speech) to drop the GNU from GNU/Linux.
        • Re:Same old RMS (Score:5, Insightful)

          by sydb ( 176695 ) <[michael] [at] [wd21.co.uk]> on Sunday August 28, 2005 @10:18AM (#13420712)
          Why does giving credit where credit is due, or naming, or trademarking have anything to do with open source?

          It has do with promoting the beliefs of the Free Software Foundation, which are not about open source, but about Free Software!

          So why does RMS care?

          Because he cares about your freedom, not about the openness of the source.

          The FSF was set up to achieve political ends - software freedom. Linux was written to achieve personal ends - Linus wanted a Unix.

          Linus doesn't make political statements because he doesn't have a political agenda.

          Stallman makes political statements because he has a political agenda.

          By the way there is nothing WRONG in having a political agenda, after all, politics is about how we set the world up for ourselves, whether it's going to be a pleasant place to live or a shitty place to live.

          So Stallman bangs on about GNU because he wants people to remember freedom.
        • Re:Same old RMS (Score:5, Insightful)

          by lasindi ( 770329 ) on Sunday August 28, 2005 @10:54AM (#13420820) Homepage
          So why call it anything? Do I call my Toyota a Ford/Toyota after the father of the production line? I mean, without the modern production line, where would Toyota be? We should give Henry Ford the credit, right?

          We don't include "Ford" in Toyota because there are no Ford components in Toyota's cars. But in virtually every Linux distro, there's far more GNU code running than Linux code.

          I can't argue that GNU's contribution is insignificant. But who cares what the name is? And prefixing things with GNU is just ridiculous. The point has been made - where do you draw the line? Am I running Mozilla/Adobe/Microsoft/Java/Darwin on my Mac at the moment? Maybe MacOSX is a better name for it, and is more easily marketable.

          Actually, using your logic, you wouldn't call OS X "Mozilla/Adobe/Microsoft/Java/Darwin," nor would you call it "MacOS X." You would call it "Mach" because that's the kernel it uses.
          • Re:Same old RMS (Score:5, Insightful)

            by bungo ( 50628 ) on Sunday August 28, 2005 @11:33AM (#13420959)

                                We don't include "Ford" in Toyota because there are no Ford components in Toyota's cars.


            So; my Lotus, which has a Toyota engine, Toyota gearbox, Toyota running gear, and a Lotus-modified Toyota enigine control system, then logically be called a Lotus/Toyota .... ... or is that Toyota/Lotus, since the engine (kernel) is make by Toyota....

            Makes sense.... after all a car without an engine wouldn' t do much, would it?

            So.... why my isn't my car called a Lotus/Toyota Elise, but instead is just called a Lotus Elise?

            Oh, I know why .... your arugment is bollocks.
            • So.... why my isn't my car called a Lotus/Toyota Elise, but instead is just called a Lotus Elise?

              Honest opinion? They're called just Lotuses for the same reason they call Lexus a Lexus... People wouldn't buy them if they were Toyota Lotuses and Toyota Lexuses. It would still be fair and informative to call 'em that, I think.

              I really think we ought to stop making these Operating System - car comparisons. They always come up, and they rarely bring anything to the discussion...

      • Re:Same old RMS (Score:3, Interesting)

        > RMS shouldn't be blamed for encouraging people to say GNU/Linux

        RMS defenders always like to put the soft-spin on this thing. The fact is that RMS isn't just encouraging people to say "GNU/Linux", he is actively boycotting anyone who does not.

        Of course, Stallman is just denying himself many outlets for his message. Problem is, there's a lot of people who believe in RMS's ideals and would like to give him the opportunity to preach them. But he's too busy telling them to buzz off because they're a "LUG
    • Re:Same old RMS (Score:3, Insightful)

      by drsquare ( 530038 )
      If he wants people to use 'GNU' perhaps he should have come up with a better name. I mean, even if there was a decent way to pronounce it, it's named after something that looks like a goat.

      I, along with everyone else, will just keep calling the whole system 'Linux', and by done with it.
  • \'Linux\' (Score:4, Funny)

    by aussie_a ( 778472 ) on Sunday August 28, 2005 @08:03AM (#13420335) Journal
    Sheeesh, is a little professionality* too much to ask for? I guess perhaps they should recode their webpage. Although of course they have the advertisements working perfectly.

    * Yes, I'm aware this isn't an actual word.
    • by Haeleth ( 414428 )
      Yes, I'm aware this isn't an actual word.

      42,000 Google hits suggest that, on the contrary, it is an actual word - just one that some dictionaries haven't noticed yet...
      • Re:\'Linux\' (Score:3, Insightful)

        by ShieldW0lf ( 601553 )
        Ahh, but professionalism, the word he was looking for, scores 7,730,000 hits, and therefore wins. Thank you, Google, for upholding the long standing champion and saving us the trouble of replacing all the paper english dictionaries on earth.
    • by nomadic ( 141991 )
      Sheeesh, is a little professionality*

      The correct term is "professionalityness".
  • by Anonymous Coward on Sunday August 28, 2005 @08:06AM (#13420343)
    "What names you're allowed to call a program is a side issue."

    Linux is now "Fluffy Marshmellow Prophylactic" I'm certain that'll do wonders for Linux's continued growth.
  • If Linux were to fall out of trademark protection, there would be nothing to prevent unauthorised, shady and unscrupulous individuals and organisations from using the term for cheap knock-offs, cashing in on the name or other products which harm the reputation of Linux, and by association, ourselves.

    So Linux is open for modification and distribution..... as long as Linus feels that you aren't harming his trademark? [sarcasm] Wow, that's certainly open.[/sarcasm]

    I guess with Linux's userbase (both corp
    • They are only regulating using the name Linux. So you can create an own Linux distro called "Aussiex", just don't call it "Aussie Linux" and you don't have to pay anything.
    • by Adelbert ( 873575 ) on Sunday August 28, 2005 @08:14AM (#13420360) Journal
      FOSS ideology was never about names. If Linus didn't protect his intellectual property, Microsoft and SCO could make a company called "Linux Baby Killing, Inc."

      Also, trademark protection isn't new. Why don't you phone Red Hat and ask to make a RHEL based distro, still keeping all Red Hat's insignia? Or maybe try Debian, or Firefox, or anyone else. I don't understand why people have a problem with this.

    • by ultranova ( 717540 ) on Sunday August 28, 2005 @08:20AM (#13420375)

      So Linux is open for modification and distribution..... as long as Linus feels that you aren't harming his trademark? [sarcasm] Wow, that's certainly open.[/sarcasm]

      No. Linux is open for modification and distribution... but you can't call your modified version Linux unless Linus lets you. This is a very reasonable position, after all, if you make some modifications, and they turn out to crash the kernel after three minutes of uptime, why should the mainline Linux (and, by association, Linus) suffer a stain to their reputation from your crappy coding ?

      You are still free to distribute your modified piece-of-shit version, you just can't claim that it's Linux.

      I guess with Linux's userbase (both corporate and private) continuing to grow, Linus (or at least a lawyer working on his behalf) feels that perhaps they need to begin regulating Linux a bit more closely. Perhaps they will slowly begin to make it not-quite-so-open as well.

      Impossible, since almost all the code in Linux is copyrighted by someone else than Linus, and licensed under various GPL-compatible licenses. Linus (or his lawyer) would need to get all of these people to agree to either transfer the copyrights to Linus or at least relicense their code to him in some way that would let it be included in a proprietary product.

      And even if they would, nothing would stop anyone from simply taking the last free version of Linux and releasing it under a new name.

    • by k98sven ( 324383 ) on Sunday August 28, 2005 @08:24AM (#13420389) Journal
      So Linux is open for modification and distribution..... as long as Linus feels that you aren't harming his trademark? [sarcasm] Wow, that's certainly open.[/sarcasm]

      How does the trademark stop you from modifying and distributing Linux freely? The only thing it stops you from is using the name "Linux" commercially in ways he doesn't like.

      Big. Difference.

      You can't make your own OSS spreadsheet program either and name it "Microsoft Excel".

      I guess with Linux's userbase (both corporate and private) continuing to grow, Linus (or at least a lawyer working on his behalf) feels that perhaps they need to begin regulating Linux a bit more closely.

      FYI: "Linux" was trademarked in 1996 by a lawyer who didn't have anything to do with Linux and then proceeded to ask for royalties from companies using it.

      After a legal scuffle, Linus Torvalds was assigned the copyright in 1997 (So this is news?), and has licensed it since. The Linux Mark Institute has been around for years as well. (Can't recall exactly when they started, but archive.org dates their page to at least 2002).

      "Linux" is a term with commercial potential. If Linus didn't own the trademark, someone else would (and did). And they would hardly charge any less.
      • And the same thing just happened in Australia which is why there's been this push to get the trademark assigned to Linus down here recently. If only it wasn't handled so badly.
    • "So Linux is open for modification and distribution..... as long as Linus feels that you aren't harming his trademark?"

      Nope, Linux is still absolutely open for modification and distribution. As long as you follow the GPL you can do everything you want with it.

      The only thing you can't do without getting a license is to use the name Linux for your bussiness. How some people can think that this is a bad thing is beyond me.
    • by Rhinobird ( 151521 ) on Sunday August 28, 2005 @09:07AM (#13420503) Homepage
      So Linux is open for modification and distribution.....

      Yup, that has never changed.

      as long as Linus feels that you aren't harming his trademark?

      Yup, that hasn't changed, either. Linux (the kernal) is free for modification and redistribution. Use of the name Linux(R) is subject to trademark. In part to prevent say SUN, from marketing Solar Linux, which is really just Solaris with linux compatability.

      [sarcasm] Wow, that's certainly open.[/sarcasm]
      Yup, it is. Do what you like, just don't besmirtch the name. Thats just horribly closed. What would Stallman say if someone made a piece of software called GNU, but it was completly proprietary? What if some hardware company makes a software modem that only works with Windows, and calls it "the Linux modem"?

      I guess with Linux's userbase (both corporate and private) continuing to grow, Linus (or at least a lawyer working on his behalf) feels that perhaps they need to begin regulating Linux a bit more closely.
      The name, yeah.

      Perhaps they will slowly begin to make it not-quite-so-open as well.
      No less open than it's ever been.
  • Names *do* matter (Score:5, Insightful)

    by victorhooi ( 830021 ) on Sunday August 28, 2005 @08:07AM (#13420347)
    heya,


    So, Stallman says that this issue is just blowing smoke, and that it distracts from the issue at hand, namely his pet causes...


    Well, I would say that names are incredibly important, possibly even more so than all these political causes (simply because people can't be bothered to read long political theses, but can deal with name recognition).


    Why do you think Linux has proven so much more "successful" that the *BSDs in the business sphere?

    The name "Linux" has brand recognition - at the moment, it's trendy, hip and cool (go the Peter Russel reference =)...and companies want to be seen to be riding the wave. I've seen idiotic people say Linux is cool, I want to use Linux, with absolutely no idea what it is, simply because they've heard that all the geeky computer people are apparently using it.


    Torvalds, and all the other contributors have worked hard to build up this name, and if companies can be made to respect this, then all the better.


    cya,
    Victor

    • To him they don't (Score:5, Insightful)

      by Hakubi_Washu ( 594267 ) <robert...kosten@@@gmail...com> on Sunday August 28, 2005 @08:29AM (#13420406)
      To you they may matter, but Stallman speaks for himself, not everybody, and, apparently, not you, ok?
      To him the name doesn't matter, because he's not after being successful in the way you imply. He doesn't care what the companies use.
      To Stallman only the existance of a free development platform matters, and that existance is practically guaranteed due to the GPL and GNU by now (Technically HURD isn't necessary anymore, because the Linux Kernel is GPL'ed). If everybody used it, that'd be a bonus, but the mere existance is the one-and-only goal.
      Try to see him more as the philosopher he is, not caring about marketing and commercial success, but taking care his ideas (Specifically that it should always be possible to use a free development platform) continue to exist (And one website, hosted privately, practically could do that), no matter what.
      Oh, and, everybody, please don't automacally assume I'm on Stallmans "side" here, I just don't like him being misunderstood. He's an idealist, which is not necessarily moronic.
    • GNU/Linux (Score:2, Funny)

      by QuantumG ( 50515 )
      RMS claiming that "what you call it doesn't matter" is just so ironic.
      • He claims that? I thought he's said the exact opposite consistently.

  • Hey, it's a fight! (Score:5, Insightful)

    by pieterh ( 196118 ) on Sunday August 28, 2005 @08:23AM (#13420388) Homepage
    Never trust journalism that seeks to promote conflict between parties. It is too easy to take words out of context, to ask people to make statements on subjects they would rather ignore, and to do what journalists are generally paid to do - fill the pages with controversy and "news".

    Point 1: RMS is the genius behind the GPL, the FSF tools, and has dedicated his life to making Linux, however you call it, come true. Insulting RMS is a sign of ignorance, bad manners, or bad faith.

    Point 2: Linux is a mark and a commodity technology. The goal of trademarking Linux and enforcing that mark through licensing is to protect the "brand" from those who seek to harm it. But that is a short-term logic, and it ignores the underlying fact: a commodity technology needs no name, no brand, because it does not compete on that basis. No-one ever trademarked "TCP/IP" (afaik) and it would have been both ridiculous and counter-productive to have tried.

    So RMS is spot-on, even if he does not explain it quite the way I'd like to hear. The name you give Linux is only meaningful if you're one of the vendors supporting it today. It's what Linux is, and does, not its name, that guarantees its place as the commodity OS of the future.
    • by Anonymous Coward
      A bit of MIT/LCS lore here.

      RMS used to live on the 7th floor of LCS. That's where he used to have his office before he resigned in protest over the commercialization of something or another. But they let him keep his office, and he lives there, because he refuses to have an apartment. (Given the rent rates in Cambridge, the assholeness of most landlords, I don't blame him. Rather than live in my office, I chose to move to Texas, and the change in rent rates and lack of state income tax resulted in an immedi
      • by kalidasa ( 577403 ) *
        Socrates didn't live in a barrel, Diogenes the Cynic (of Sinope) did. Socrates also wasn't filthy, just ugly. Comparing Richard Stallman to Socrates or Gandhi is a little like comparing the Beatles to Jesus: yeah, Stallman may end up being a somewhat important historical figure, but you've got no sense of proportion when you make that kind of claim.
  • business model (Score:5, Interesting)

    by rnd() ( 118781 ) on Sunday August 28, 2005 @08:43AM (#13420441) Homepage
    Free Software / OSS should be a licensing model, not a philosophy. As a licensing model it has clear advantages and disadvantages over other licensing models.

    As a philosophy it is fraught with problems, the most significant problem being the utter destruction of much of the financial incentives that exist today for people to sit down and build software. It is hypocritical to enjoy the fruits of someone's capitalist labor and then attempt to take those fruits (a form of looting) and claim some philosophical justification.

    • Re:business model (Score:4, Informative)

      by Antique Geekmeister ( 740220 ) on Sunday August 28, 2005 @09:25AM (#13420550)
      I urge you to look at what open source advocates and authors actually get paid for. It's quite capitalist, and profitable, and doesn't steal a darned thing. Also, far more new ideas and development are coming out of the open source world, on a programmer by programmer basis, then ever came out of the corporate software world.

      The fiscal incentives do CHANGE and are displaced, from middle management's ability to seal the box and not have their clients able to use any other product and thus the growth of monopolistic and anti-competitive, even non-capitalist companies, and allowing a much smaller start-up cost in buying the software licenses to do development. The money instead goes in-house to local developers, and far more smaller opportunities for local variation is created.

      It's fun, it's profitable, and I'm certainly making a living at working with tools at least 5 years ahead of where they'd be without such open source tools.
  • by Anonymous Coward
    Linus claims that Stallman doesn't matter.
  • by geoff lane ( 93738 ) on Sunday August 28, 2005 @08:50AM (#13420457)
    GNU as a trademark for computer software has been registered by the FSF for a number of years.
  • by putko ( 753330 ) on Sunday August 28, 2005 @09:35AM (#13420569) Homepage Journal
    It seems unfortunate that Linus was basically forced to take the Linux mark away from the shyster lawyer who registered the mark and was then using it to shakedown people -- once Linus got it, he had to protect it. So then he's forced to play a game that he really doesn't want to play in the first place (otherwise he would have grabbed the mark, charged companies in the first place, and so on).

    I never really got why trademarks are important, but this sorry case (and the Unix (TM) AT&T stuff) makes it clear -- this stuff, in the real world, really does matter.

    I'm surprised Tux is not trademarked. The BSD world works a bit different: McKusick trademarked the red-demon who represents BSD. That's his, and you need permission to use it. Although I guess you could make your own red-devil mascot -- but that's a trademark issue, and perhaps you'd better talk to a lawyer.
  • by _LORAX_ ( 4790 ) on Sunday August 28, 2005 @09:35AM (#13420571) Homepage
    This is a serious question. If commercial entities are no longer allowed to use "linux"* designation, how do they let someone know what they are using. As far as I know even the distros that use original names still describe themselves as a "linux based" operating system. You can't call it "RedHat" based either or "Mandrake" based.....

    Also, how does someone get a trademark on a term that has been in general use for a decade without previous trademark protection? My understanding is that this trademark would never have been granted in the US because of the lack of enforcement. There is a good reason that unprotected trademarks cannot get protection, it's becaue you end up in this type of ridiculious situation where they can now go after everyone who has been using it openly for years without so much as a peep. There is little difference between this and the submarine patents that have irked the computing community for many years. They should have used another new and unique word or combination to trademark ( "Linux certified"? ) rather than linux.

    Oh, and while I'm at this rant... In the past the community decided what was acceptable for the linux name. Although they may not have had much legal "teeth" the community would quickly respond to people who misused the name or the license. Now we have one entity that is claiming all future protection for the name, it's bullshit. We now have another corporate entity that is claiming providice over our work, work that we gave openly to the community. It is wrong and I will not abide by it.

    *Approved use only, what about non-approved use.
    • I fear you don't quite understand the issue. There was a very nice link on Groklaw explaining it that I now can't remember (which is a bit embarassing, actually).

      Basically, the situation works like this. Let's say you want to create a version of Linux. To use a ridiculous example, we'll call it Cthulhu Linux (the operating system from the dawn of time!). If you want to use the name "Cthulhu Linux", you have to pay the trademark fee.

      However, you can use a different name for it, say, "Tentaclix". The
  • by Jim Hall ( 2985 ) on Sunday August 28, 2005 @09:41AM (#13420593) Homepage

    From TFA:

    Stallman thinks the issue of naming the product is not so clear cut. "Most of the time, when people call something 'Linux', it's the GNU system with Linux as the kernel. Maybe this policy will encourage people to call it GNU," Stallman told the Sydney Morning Herald. "I prefer to say GNU/Linux' so as to give the kernel's developer a share of the credit."

    You know, I wouldn't have a problem with RMS trying to get "GNU" in there if he didn't want to put it on the front of the name. The way he wants it, the name sounds like "GNU Linux", so it sounds like a product of the FSF ("GNU Emacs", etc.)

    Whenever it comes to that naming issue, I prefer Linux/GNU instead. As RMS states on the GNU site [gnu.org], "the whole system is basically GNU, with Linux functioning as its kernel" and "Many people have made major contributions to the free software in the system, and they all deserve credit." So Linux/GNU should be just as good as GNU/Linux.

    • How do you decide which comes first? How about whichever section of code is bigger?

      The GNU contribution to GNU/Linux is an order of magnitude greater than the Linux kernel. And almost all of your routine interaction with the operating system is GNU-centric. If you switched the kernel to something else, it would still be fundamentally the same experience. So I can see perfectly good logic for GNU/Linux instead of Linux/GNU.

      Refusing to give GNU proper credit is to do them a great disservice, because it

  • Cartoon (Score:4, Funny)

    by Richard W.M. Jones ( 591125 ) <{rich} {at} {annexia.org}> on Sunday August 28, 2005 @09:47AM (#13420608) Homepage
    Seems appropriate [geekz.co.uk].
  • by dezb ( 718949 ) on Sunday August 28, 2005 @10:47AM (#13420801) Homepage Journal
    Linux is a kernel, right?

    When did Linux become the operating system?

    I must have missed something, or was it just mass media brain washing that has caught on? But last time I looked, when I installed something like SuSE, Red Hat, or Debian, it was an operating system built on open source tools, which compirsed of the linux "kernel", some variant of the unix file system, a whole suit of gnu replacements for unix commands, and a range of open source packages from folk like Apache and such?

    If we were to talk about perhaps Solaris, then indeed, we are talking about the Solaris kernel, the Solaris operating system tools which were all written from scratch, alebit with access to the source from BSD and SYS V variants, and agian a unix file system and some packages from folk like Apache and such, but in this case it's a complete solution from Sun and it's called Solaris.

    The same can be said surely for the likes of OpenBSD, NetBSD, and FreeBSD, where they are complete systems, built around kernels, from scratch, although in each case they too lean heavity on the GNU replacements for Unix commands and tools.

    Windows for example once refered to itself as Windows NT, where the NT part was essentially the kernel, designed and built by some smart folk who had a hand in the likes of OS/2 and VMS kernels and operating systems if I recall corrently, but it was clear that Windows was the GUI and NT was the underlying kernel.

    Mac OS X even now is pretty open about the split between it's Mach kernel, Darwin core, and BSD / NeXT Step tools, but we don't call Mac OS X "Mach" do we - nope, it's OS X, or if you're like me and you favour what uname -a tells you, it's Darwin ;-)

    I think Stallman summed it up pretty well when he ended the piece with:

    quote:

    Stallman thinks the issue of naming the product is not so clear cut. "Most of the time, when people call something 'Linux', it's the GNU system with Linux as the kernel. Maybe this policy will encourage people to call it GNU," Stallman told the Sydney Morning Herald. "I prefer to say GNU/Linux' so as to give the kernel's developer a share of the credit."

    Now I do agree that GNU/Linux is perhaps a mouthfull, but on the other hand, I think it's particularly lame to refer to the GNU/Linux operating system as just Linux, so perhaps it's time for a new name, label, whatever, for whatever it is many of us run.

    It could be like the Musician formerly known as Prince, now known as some Egyptian hyrogliph - we could have the operating system formerly known as Linux, now known as #$%^&#!?

    It might actually be worth many of you taking time to read Stallman's FAQ on GNU/Linux over at:

    http://www.gnu.org/gnu/gnu-linux-faq.html [gnu.org]

    It does go a long way to answering and clearing up much of what is in this horribly messy series of threads and sub threads, basically emotive and guess work, rather than fact.

    For example, from that URL:

    quote:

    Why do you call it GNU/Linux and not Linux?
    Most operating system distributions based on Linux as kernel are basically modified versions of the GNU operating system. We began developing GNU in 1984, years before Linus Torvalds started to write his kernel, and we developed a larger part of the resulting system than any other project. In fairness, we ought to get equal mention.

    quote:

    Why is the name important?
    Although the developers of Linux, the kernel, are contributing to the free software community, many of them do not care about freedom. People who think the whole system is Linux tend to get confused and assign to those developers a role in the history of our community which they did not actually play. Then they give inordinate weight to those developers' views.
    Calling the system GNU/Linux recognizes the role that our idealism played in building our community, and helps the public recognize the practical importance of these ideals.

    quote:
  • by saforrest ( 184929 ) on Sunday August 28, 2005 @10:53AM (#13420816) Journal
    The quote from the article is:

    'Free software means you're free to run it, study it, change it, redistribute it, and distribute modified versions the way cooks do with recipes. What names you're allowed to call a program is a side issue..The Linux trademark became an issue last month after a lawyer acting on behalf of Linux creator Linus Torvalds wrote to 90 Australian companies asking that they sign a statutory declaration waiving exclusive rights to the trademark's use.'

    On first reading this, I got the idea that the whole thing was a quote from RMS, since it was from an interview with him.

    However, the second sentence (after the ellipsis) is a quote from the article, not from RMS.
  • by Hosiah ( 849792 ) on Sunday August 28, 2005 @11:53AM (#13421020)
    There has been more air blowing around about this issue than is contained in a Florida hurricane, so I thought I'd provide a *sane* explanation:

    Once upon a time, somebody named Richard Stallman got pissed off because he needed to see the source code to a program so he could fix it, and the code author told him he was restricted by an NDA.
    http://www.oreilly.com/openbook/freedom/ch01.html [oreilly.com]
    He was so miffed at this that he went off and founded GNU (Gnu's Not Unix), meant to be a free version of Unix.
    http://www.gnu.org/ [gnu.org]
    "dedicated to eliminating restrictions on copying, redistribution, understanding, and modification of computer programs." But there was (and still is) one problem with the GNU operating system...it didn't have the kernel (the part of the OS that talks to the hardware at the lowest level), which project was known as the HURD
    http://www.gnu.org/software/hurd/hurd.html [gnu.org]
    which is STILL "not ready for production use, as there are still many bugs and missing features."

    Enter Linus Torvalds, who, unaware of the GNU project, undertook to write his *own* kernel upon which he would then put an operating system that was to be, you guessed it, a free version of Unix. Linus Torvalds and Richard Stallman got adjascent seats on an airplane with their luggage mixed up or something; however they met, they met, and with Torvalds' kernel and Stallman's operating system it was indeed the birth of the blues.

    Fade out, fade in. Today, we have the Free (as in freedom *and* beer) Operating System that is part GNU, part Linux, and even part BSD (I stumble upon the occasional BSD program running on my Linux system ), and part everything else. In a commercial world, there'd be trademarks and copyrights and logos and every other byte of binary on your disk would be the stupid trademark/OS EULA/NDA warning of legal repercussions, etc. Windows users, get *any* hex editor, open *any* Windows program, you'll see "Microsoft" written in the ASCII somewhere: this is what I'm talking about. But this is Linux. Nobody really owns it all per se, because we basement hackers and renegade computer users and indignant MIT lab rats wrote it all ourselves, and don't really care about becoming millionaires or dominating the world about it, so long as we have our free system.

  • He's right... (Score:4, Insightful)

    by rdean400 ( 322321 ) on Sunday August 28, 2005 @12:11PM (#13421086)
    Some in the media are portraying this as disagreeing with Linus, but they just don't get it. The trademark issue is orthogonal. You can freely use, modify, and redistribute the software that is typically known as "Linux" freely - that is what RMS cares about. Linus cares about that, and making sure that the name "Linux" isn't ridden down by fly-by-night outfits that might look to make a quick buck.

    The fact that this is getting stirred up now is fishy, because the trademark has existed in the U.S. for quite some time.
  • by Hosiah ( 849792 ) on Sunday August 28, 2005 @12:12PM (#13421090)
    Stupid "Submit" button wasn't a "Preview"!

    Fade out, fade in. Today, we have the Free (as in freedom *and* beer) Operating System that is part GNU, part Linux, and even part BSD (I stumble upon the occasional BSD program running on my Linux system ), and part everything else. In a commercial world, there'd be trademarks and copyrights and logos and every other byte of binary on your disk would be the stupid trademark/OS EULA/NDA warning of legal repercussions, etc. Windows users, get *any* hex editor, open *any* Windows program, you'll see "Microsoft" written in the ASCII somewhere: this is what I'm talking about. But this is Linux. Nobody really owns it all per se, because we basement hackers and renegade computer users and indignant MIT lab rats wrote it all ourselves, and don't really care about becoming millionaires or dominating the world about it, so long as we have our free system.

    Now, let's pull our heads into the Physical, Real World for a minute and quit worrying about hypothetically this and pedantic definition that: What we're talking about is what most of the world calls "Linux". So, when you go shopping for Linux distros, you don't type "free software distros" in Google, and when you need help installing Linux, you don't go into a #GNU chat and say, "I need help installing my free software". You call it Linux, Slashdot calls it Linux, we all found this discussion because we recognized the name of Linux.

    Now, the copyright infringement you're hearing about has, in fact, already started. Porn sites are already trying to snag hits using the word "Linux". No, I'm not kidding, and I'm not about to post links to them and let them enjoy a lot of hits. Type "Linux" into search engines with the most unexpected keywords that would only imply you were looking for guides, HOWTOs, and such, and you'll get the occasional Easter Egg. This demonstrates the shaky legal ground that Linux is on, and why we're doing this.

    PS, when you hear somebody blowing off their big bazoo about "Linux", "Open Source", "Free Software", or "GNU", take into account that Stallman, Torvalds, and their tribal bard, Eric S. Raymond, are 99% less likely to be full of hooey than anybody else.

  • by ifwm ( 687373 ) on Sunday August 28, 2005 @12:14PM (#13421102) Journal
    "Linux claims Stallman doesn't matter"
  • Linux vs Open Source (Score:3, Interesting)

    by samj ( 115984 ) * <samj@samj.net> on Sunday August 28, 2005 @12:34PM (#13421176) Homepage
    I find that a lot of the time where people are saying 'Linux' they mean to say (or at least should be saying) 'Open Source'. After all, Linux (as in the kernel itself) really is a small part of the whole system, and as and end user I'm not going to care whether my Gnome desktop, Firefox browser and OpenOffice.org productivity suite are running on a Linux, BSD or even OpenSolaris kernel!

    I wonder about the utility of trademarking the term Linux - in reality rejecting a license application is going to be difficult at best, and to do so will go against the spirit of open source in general. My use of the term Linux is not necessarily going to appeal to everyone, and vice versa, but that shouldn't result in an application being denied; consider SpamLinux, PornSurfingLinux, BibleBashingLinux, etc.
  • by michaelzhao ( 801080 ) on Sunday August 28, 2005 @01:39PM (#13421440)
    Apparently Stallman only says GNU Linux. I think Leo Laporte invited him to be on TWiT podcast. He insisted that everyone only say GNU/Linux or he wouldn't come. I believe after that requirement, the TWiT crew cancelled their invitation.

    Stallman also made of fool of himself on Leo's old show, "The Screen Savers" on TechTV before it was raped by G4. Apparently, Stallman forced everyone to say GNU/Linux, so Leo got his revenge by having Stallman sing the Free Software Foundation ditty. Although Stallman didn't see the humor in it, the viewers sure did.
  • Bad article (Score:4, Insightful)

    by Anonymous Froward ( 695647 ) on Sunday August 28, 2005 @01:56PM (#13421514)

    Instead of watered-down ZDNet thing, you should read the original Sydney Morning Herald interview [smh.com.au].

    ZDNet failed to see the importance of the following paragraph (so they just omitted that):

    Asked whether he would support the model of paying for a sub-licence, Stallman said he was concerned over issues of naming only when they helped to focus attention on the freedom to change and redistribute software.
    "In this particular case, though, the naming issue seems rather to distract attention from freedom, so I'd rather focus the attention back where it belongs," he said.

    Without this, ZDNet article might give a false impression that Mr. Stallman is inconsistent (i.e., on one hand he says that the name is irrelevant, on the other hand he implies that the name is important, i.e. GNU/this GNU/that).

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