[SLUG] Use of Linux Trade Mark in Australia
1) Just received this?
Is this ham fisted jerk genuine?
It is mainly the wording of the attached full letter that is offensive.
2) err, woops sent with attachments delayed and now I gather it may be
genuine.
Can anyone explain
1) why it was done so ham fistedly (apart from he's a lawyer - nuff
said)
2) what are the rules for the general commons use of Linux?
3) Or should I just change every occurrence of Linux to
GNU/Linux and let those two sort it out {:-).
Original Message
Subject: Use of Linux Trade Mark in Australia
Date: Mon, 01 Aug 2005 17:12:56 +0800
From: Jeremy Malcolm [EMAIL PROTECTED]
Organization: iLaw
To: undisclosed-recipients:;
Dear Sir or Madam
I act for Linus Torvalds, and I am writing to you about your use of the
trade mark Linux. This is not a letter of demand, but rather a request
for your assistance, and an attempt to inform or remind you of the
rights and obligations associated with the use of the trade mark Linux.
For further information please refer to the attached PDF letter.
Yours faithfully,
Jeremy Malcolm
--
Terry Collins {:-)}}} email: terryc at woa.com.au www:
http://www.woa.com.au
Wombat Outdoor Adventures Bicycles, Computers, GIS, Printing,
Publishing
People without trees are like fish without clean water
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Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
Re: [SLUG] Use of Linux Trade Mark in Australia
Hi Terry,
I received the same message last night, it would appear that Jeremy is
legit. There are several articles naming him as the legal representation
for Linus here in Oz*.
However im concerned with the fact that the trademark of linux is still
considered 'pending' according to ip australia, which is in my
understanding (not great, well non-existant when it comes to legality)
means that the 'Linux' trademark does not require LSI licencing in
Australia, yet.
I could be on the complete wrong path, it would be great if someone
could clarify this. As I, like yourself, am unsure of the correct
agreement for using the term Linux.
Cheers,
Shane.
* http://www.zdnet.com.au/news/software/0,261733,39156205,00.htm
On Tue, 2005-08-02 at 16:05 +1000, Terry Collins wrote:
1) Just received this?
Is this ham fisted jerk genuine?
It is mainly the wording of the attached full letter that is offensive.
2) err, woops sent with attachments delayed and now I gather it may be
genuine.
Can anyone explain
1) why it was done so ham fistedly (apart from he's a lawyer - nuff
said)
2) what are the rules for the general commons use of Linux?
3) Or should I just change every occurrence of Linux to
GNU/Linux and let those two sort it out {:-).
Original Message
Subject: Use of Linux Trade Mark in Australia
Date: Mon, 01 Aug 2005 17:12:56 +0800
From: Jeremy Malcolm [EMAIL PROTECTED]
Organization: iLaw
To: undisclosed-recipients:;
Dear Sir or Madam
I act for Linus Torvalds, and I am writing to you about your use of the
trade mark Linux. This is not a letter of demand, but rather a request
for your assistance, and an attempt to inform or remind you of the
rights and obligations associated with the use of the trade mark Linux.
For further information please refer to the attached PDF letter.
Yours faithfully,
Jeremy Malcolm
--
Terry Collins {:-)}}} email: terryc at woa.com.au www:
http://www.woa.com.au
Wombat Outdoor Adventures Bicycles, Computers, GIS, Printing,
Publishing
People without trees are like fish without clean water
--
-
Shane Machon GCUX
Proprietor
LinSec Consulting
Ph: (02) 9979-1222
Fax: (02) 9979-1499
Mob: 0414 992097
Eml: [EMAIL PROTECTED]
Web: http://www.linsec.com.au
Specialists in Hosting, Linux and Security Solutions
--
SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/
Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
Re: [SLUG] Use of Linux Trade Mark in Australia
Shane Machon wrote: Hi Terry, I received the same message last night, it would appear that Jeremy is legit. There are several articles naming him as the legal representation for Linus here in Oz*. * http://www.zdnet.com.au/news/software/0,261733,39156205,00.htm The article above states: At worst, Australian vendors of Linux software, hardware and other paraphernalia bearing the name, might be asked to pay LMI a one-off royalty fee of between US$300 and US$600 and to include the Linux trademark boiler plate below in their marketing material: If that is correct and Linux Australia Inc. (I presume http://www.linux.org.au/, who is http://www.linuxaustralia.com.au/ ?) really does think that and suggested such figures then they have lost the plot. There are many small companies and busineses run by people in SLUG and outside of SLUG that should not have to pay such ridiculous amounts. An amount of $1.00 is all that would be required by law for a license (if any amount at all is required). For instance I'm a member of two orgs that rent premises for $10 for ten years. It's a nominal amount. Lets hope that Linux Aust wasn't really thinking of that. If they are ditch them. Im sure some Linux Aust folks in SLUG can fill us in better. Mike -- Michael Lake Chemistry, Materials Forensic Science, UTS Ph: 9514 1725 Fx: 9514 1460 [pls ignore idiot lawyer's msg below] -- UTS CRICOS Provider Code: 00099F DISCLAIMER: This email message and any accompanying attachments may contain confidential information. If you are not the intended recipient, do not read, use, disseminate, distribute or copy this message or attachments. If you have received this message in error, please notify the sender immediately and delete this message. Any views expressed in this message are those of the individual sender, except where the sender expressly, and with authority, states them to be the views the University of Technology Sydney. Before opening any attachments, please check them for viruses and defects. -- SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
Re: [SLUG] Use of Linux Trade Mark in Australia
On Tue, Aug 02, 2005, Michael Lake wrote: Lets hope that Linux Aust wasn't really thinking of that. If they are ditch them. Im sure some Linux Aust folks in SLUG can fill us in better. You may also want to ask about it directly on the linux-aus list, which is their open list: http://lists.linux.org.au/listinfo/linux-aus If I see a thread there I will summarise for SLUG. [FWIW, Jeremy Malcolm has been involved in various LA things and has given a few talks at linux.conf.au. He's not new to the arena, I don't know what his day-to-day community involvement is like.] -Mary -- SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
Re: [SLUG] Use of Linux Trade Mark in Australia
quote who=Terry Collins 1) Just received this? Is this ham fisted jerk genuine? Yes, Jeremy is a very well respected lawyer who has been helping the community here for a while now. Evidently, it hasn't been written in a very welcoming way (he's a lawyer). 2) what are the rules for the general commons use of Linux? Normal trademark fair use, also see the LMI site for their information (both licensed and otherwise). - Jeff -- GNOME Summit 2005: October 8th-10th http://live.gnome.org/Boston2005 No clue is good clue. -- SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
Re: [SLUG] Use of Linux Trade Mark in Australia
quote who=Michael Lake If that is correct and Linux Australia Inc. (I presume http://www.linux.org.au/, who is http://www.linuxaustralia.com.au/ ?) (There has already been a trademark dispute between these two, not yet resolved to my knowledge, but in our favour.) really does think that and suggested such figures then they have lost the plot. *** Keep in mind that it is LMI who have set the prices. *** There are many small companies and busineses run by people in SLUG and outside of SLUG that should not have to pay such ridiculous amounts. Almost all of them will be able to use the trademark under fair use, as long as they attribute ownership correctly. Some will have to license the trademark if they've crossed the line (ie. a company with Linux in the name, for obvious reasons). Yes, this is still controversial, but it's not outside the realms of sanity. - Jeff -- OSCON 2005: August 1st-5th http://conferences.oreillynet.com/os2005/ http://www.xach.com/debian-users-are-beatniks.html -- SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
Re: [SLUG] Use of Linux Trade Mark in Australia
On Tue, 2005-08-02 at 16:05 +1000, Terry Collins wrote:
1) Just received this?
Is this ham fisted jerk genuine?
It is mainly the wording of the attached full letter that is offensive.
2) err, woops sent with attachments delayed and now I gather it may be
genuine.
Can anyone explain
1) why it was done so ham fistedly (apart from he's a lawyer - nuff
said)
2) what are the rules for the general commons use of Linux?
3) Or should I just change every occurrence of Linux to
GNU/Linux and let those two sort it out {:-).
Original Message
Subject: Use of Linux Trade Mark in Australia
Date: Mon, 01 Aug 2005 17:12:56 +0800
From: Jeremy Malcolm [EMAIL PROTECTED]
Organization: iLaw
To: undisclosed-recipients:;
Dear Sir or Madam
I act for Linus Torvalds, and I am writing to you about your use of the
trade mark Linux. This is not a letter of demand, but rather a request
for your assistance, and an attempt to inform or remind you of the
rights and obligations associated with the use of the trade mark Linux.
For further information please refer to the attached PDF letter.
Yours faithfully,
Jeremy Malcolm
--
Terry Collins {:-)}}} email: terryc at woa.com.au www:
http://www.woa.com.au
Wombat Outdoor Adventures Bicycles, Computers, GIS, Printing,
Publishing
People without trees are like fish without clean water
Jon Oxer has posted something about this here:
http://jon.oxer.com.au//blog/id/70
James Purser
Chief Talking Guy - Linux Australia Updates
Skype: purserj1977
--
SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/
Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
Re: [SLUG] Use of Linux Trade Mark in Australia
On Tue, Aug 02, 2005, Mary Gardiner wrote: You may also want to ask about it directly on the linux-aus list, which is their open list: http://lists.linux.org.au/listinfo/linux-aus If I see a thread there I will summarise for SLUG. As promised. This is a mail from the LA president Jonathan Oxer: http://lists.linux.org.au/archives/linux-aus/2005-August/msg4.html Quote from it: There'll be a bit of an update about this soon by someone more knowledgeable than myself, but in the meantime the important thing to know is that the email is part of the process that LMI (Linux Mark Institute) has been undertaking to secure the trademark to the word Linux. LMI is acting on behalf of Linus Torvalds to establish and protect the Linux trademark in various jurisdictions around the world, and has enlisted the assistance of local organisations within those jurisdictions to act as local representatives. Linux Australia has been cooperating with LMI to assist with securing the trademark in Australia. -- SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
Re: [SLUG] Use of Linux Trade Mark in Australia
On Tue, Aug 02, 2005, Mary Gardiner wrote: On Tue, Aug 02, 2005, Mary Gardiner wrote: If I see a thread there I will summarise for SLUG. And last but not least, Jeremy Malcolm's FAQ on the subject: http://www.ilaw.com.au/linuxfaq.html I will stop posting on this now, I trust that anyone sufficiently concerned now has enough info to follow up on :) -Mary -- SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
