>>I've heard it said that "Windows" as Microsoft uses the term has become a
generic term.
"Has become"? Ummm.... I think I disagree. The term "windows" was a generic
term BEFORE MS Windows was on the market, not after.
My tiny brain easily forgets things, so I pulled out a 1984 copy of Byte's
"Guide to the IBM PC". Byte published an article titled "Five window
managers for the IBM PC" (Digital Research's GEM, IBM's TopView,
WindowMaster, DesQ, and VisiOn). Some of these products were two years old,
and MS Windows was not yet shipping. There are ads all over the magazine
for software to create windows. Clearly windows was generic and Microsoft
hijacked the term.
But more in line with this list, there's an article called "UNIX on the
IBM". It talks about running Unix on a 4.77 MHz 256KB PC.
Byte: "Currently, four Bell-licensed UNIX systems are available for the PC:
PC/IX (implemented by Interactive Systems and sold by IBM), XENIX
(implemented by Microsoft and sold by Santa Cruz Operation)..."
Yep, it was Microsoft who developed XENIX, long before Windows, OS/2 or NT.
And it shows a long relationship with SCO on UNIX issues. It also mentions
there were four UNIX-clones available, and it was just a matter of time
before UNIX took over from DOS. Funny stuff in today's terms.
Xenix was selling for $595/seat mail-order. Coherent (a UNIX clone) was
$500. A Lattice C compiler was $350. A 40 MB HDD was $3,495, and a 368 MB
hard disk was $$17,995. You usually spent $5,000 to $15,000 for a
well-equipped machine in those days. We all have it so good today.
(Hi, I'm Ken and I'm a pack rat...)
Ken Elliott
=====================
-----Original Message-----
From: slug@nks.net [mailto:slug@nks.net] On Behalf Of Paul M Foster
Sent: Friday, May 07, 2004 1:48 AM
To: slug@nks.net
Subject: [SLUG] Re: Linspire aka Lindows now trying to make Apple Mad?
On Fri, May 07, 2004 at 12:11:23AM -0400, Robert Snyder wrote:
<snip>
> Windows is a copyrighted name for a GUI OS with the ablility of
> multiple windows.... Not any really different than every other gui os
> out there But only one calls them self windows. It has become a word
> associated with microsoft.
>
You can't copyright a word. Neither can you patent it. This term is most
likely "trademarked". Used in another context, the use of the word does not
infringe on that trademark. The closer you get to the context of the
trademark, the more likely the trademark owner can sue and win an
infringement case. A car named "Windows" would be a completely different
context, and would probably not be considered by the court as an
infringment. Cases like this hinge on the opinion of the court. In the case
of Microsoft vs Lindows, some courts have ruled for Microsoft, others
haven't. But the number of lawsuits brought by a behemoth like Microsoft
against a small company like Lindows means that Lindows can't possibly
defend itself adequately in all of them and stay in business.
Robertson made a calculated risk in using the "Lindows" name,
hoping/believing that either Microsoft wouldn't sue, or that Lindows would
ultimately prevail. He may not have counted on Microsoft suing in every
jurisdiction on the planet. But that's the way it goes with calculated
_risks_.
Sometimes just the threat of lawsuit is enough to scare someone. IIRC, there
was a package called KIllustrator which, when threatened with a lawsuit by
Adobe, changed the package's name to something like Kontour.
As an Open Source package, they couldn't afford a court case.
I've heard it said that "Windows" as Microsoft uses the term has become a
generic term. I doubt it. I suspect Microsoft trademarked that term.
In order to maintain that trademark, they must defend it, in court if
necessary.
Like I said, Robertson make a calculated risk and lost. Stuff happens.
IANAL,
Paul
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