From mboxrd@z Thu Jan 1 00:00:00 1970 X-Spam-Checker-Version: SpamAssassin 3.4.4 (2020-01-24) on inbox.vuxu.org X-Spam-Level: X-Spam-Status: No, score=-0.8 required=5.0 tests=DKIM_INVALID,DKIM_SIGNED, HTML_MESSAGE,LOTS_OF_MONEY,MAILING_LIST_MULTI autolearn=ham autolearn_force=no version=3.4.4 Received: (qmail 6993 invoked from network); 14 Dec 2022 22:42:37 -0000 Received: from minnie.tuhs.org (50.116.15.146) by inbox.vuxu.org with ESMTPUTF8; 14 Dec 2022 22:42:37 -0000 Received: from minnie.tuhs.org (localhost [IPv6:::1]) by minnie.tuhs.org (Postfix) with ESMTP id 4009F42392; Thu, 15 Dec 2022 08:42:30 +1000 (AEST) Received: from mail-vs1-f53.google.com (mail-vs1-f53.google.com [209.85.217.53]) by minnie.tuhs.org (Postfix) with ESMTPS id 7484F4236C for ; Thu, 15 Dec 2022 08:42:22 +1000 (AEST) Received: by mail-vs1-f53.google.com with SMTP id i2so1296904vsc.1 for ; Wed, 14 Dec 2022 14:42:22 -0800 (PST) DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=ccil-org.20210112.gappssmtp.com; s=20210112; h=cc:to:subject:message-id:date:from:in-reply-to:references :mime-version:from:to:cc:subject:date:message-id:reply-to; bh=uM9UjCLu6QK7GL7tZrnmmafpO9mnOx71BKf9Me3ngCg=; b=h7+9ET6jNOEFdd6PFpPS92DHTH0Gsa8IL2fE/XMhgds9j772U3aGZVRelJ1rM2yFzk C79vjWMoeUoLaHCz5cZLZ+xol6M1ucRRJEUNd6LMsLvZZ++iznYasHeiHb+Easay0npH fGohYgMiDIn2PbbpBEtStJOZEpWigmVhnEDvdS2Qps+25T5rQzO3NvC8I09QAs3KmeiY XTXPmsHXZDTa4yANDIfuRQ84kcK/gCE3IeFxzav2ziativpjqjjnKHeQGs33uX7t7rEA lSPyCzfrh2sHMIfs/US7Wb8HkdcAVor0asVUKoAAUFXSjB71Ipro6JRxTDXmQH3DtT8S CmUg== X-Google-DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=1e100.net; s=20210112; h=cc:to:subject:message-id:date:from:in-reply-to:references :mime-version:x-gm-message-state:from:to:cc:subject:date:message-id :reply-to; bh=uM9UjCLu6QK7GL7tZrnmmafpO9mnOx71BKf9Me3ngCg=; b=k6r2zJOX3k6nwkzDRRB1aGxqU/cgKDSqGgS8R/OlpDGtZqxDzvtFwULnqjd6Hnv7OM dP3890fGgdiSEZRi0wAxf+xHgyRStUV97qiaqU02PEV0JjfjAG9N6Tm85w7QbVr6G9QJ +SuUQYe66+GromQbmZtuv8EA1Ns/CVA/XtssIp91wZWXroS9T+859oIs+XEqpNGe+oLa DTg3sERyvut0Sw2gDFGNdTU8h5fR1Pyu/RsNoeFBLdc4hokfaGguh7rcz11Ui/6FYkmY U9gxUl1KrpSF/kYo9JkKj2qDWWTZBR//ddnV8dk30K1EjxfZMM7k1YwYzMRvQHQwWHDo pMUA== X-Gm-Message-State: ANoB5plUrkO5Rs9FxfUdcYUTqob3Y8yB3tBf9w+UA2otSX+Ij5HAdhaS sNhlS0s0tdL5eDRqJMnMZ3TasV0Hnn35bxYUH4cy9w== X-Google-Smtp-Source: AA0mqf7XKRqoyuLOdoFf2Mp8tBxsJoiigPw2JPTd9C6eaJYo38V6r0GsKMbVHbonf/HoKBvONMTPUiT2+6JwcayZx50= X-Received: by 2002:a05:6102:3032:b0:3b3:a08:f15e with SMTP id v18-20020a056102303200b003b30a08f15emr4115938vsa.48.1671057681313; Wed, 14 Dec 2022 14:41:21 -0800 (PST) MIME-Version: 1.0 References: <202212140749.2BE7nWE2012686@freefriends.org> <20221214151444.niv5xtnxlmoifbrm@illithid> In-Reply-To: <20221214151444.niv5xtnxlmoifbrm@illithid> From: John Cowan Date: Wed, 14 Dec 2022 17:41:11 -0500 Message-ID: To: "G. Branden Robinson" Content-Type: multipart/alternative; boundary="0000000000007e8efa05efd16f5f" Message-ID-Hash: 6EM42TM6EKXILNITEPGOYMYQKAGRJTSF X-Message-ID-Hash: 6EM42TM6EKXILNITEPGOYMYQKAGRJTSF X-MailFrom: cowan@ccil.org X-Mailman-Rule-Misses: dmarc-mitigation; no-senders; approved; emergency; loop; banned-address; member-moderation; header-match-tuhs.tuhs.org-0; nonmember-moderation; administrivia; implicit-dest; max-recipients; max-size; news-moderation; no-subject; digests; suspicious-header CC: tuhs@tuhs.org X-Mailman-Version: 3.3.6b1 Precedence: list Subject: [TUHS] Re: Microware's OS-9 (was: Clever code) List-Id: The Unix Heritage Society mailing list Archived-At: List-Archive: List-Help: List-Owner: List-Post: List-Subscribe: List-Unsubscribe: --0000000000007e8efa05efd16f5f Content-Type: text/plain; charset="UTF-8" On Wed, Dec 14, 2022 at 10:15 AM G. Branden Robinson < g.branden.robinson@gmail.com> wrote: Microware, having apparently so carefully followed the letter of > trademark law with respect to AT&T Unix, sued Apple for peddling "OS/9" > in the operating system market, and promptly got their asses handed to > them by the federal district court, which dutifully honored the foremost > principle of law: big people get to stomp smaller people as often, and > as hard, as they would like.[2] > To be fair, the judge decided that there wasn't a whole lot of risk of consumer confusion between a consumer OS that ran only on Apple Macintoshes and an OEM OS that did not. The only actual victims were Mac people who stumbled into comp.os.os9 and got seriously confused. In any case, Microsoft v. Lindows pretty much established that sometimes the little guy wins, even in trademark cases. Microsoft claimed that Lindows was infringing their trademark for Windows (it was a Linux distro that came with Wine and some glue) and lost the case on prior-use grounds (both Xerox and Apple). So rather than risking all on a retrial and maybe losing the Windows trademark altogether, they settled for US$20M and Lindows changed its corporate and distro names to Linspire. That said, "Windows" is a descriptive trademark, and those are always shaky legally. > Cisco rolled over > and took some undisclosed amount of money, > Money undoubtedly flowed from Apple Computers to Apple Records when the first company started selling music, too. This sort of thing is routine. While I was working at Chase Bank, they paid a small fortune to Chase Research for the rights to "chase.com". --0000000000007e8efa05efd16f5f Content-Type: text/html; charset="UTF-8" Content-Transfer-Encoding: quoted-printable


On We= d, Dec 14, 2022 at 10:15 AM G. Branden Robinson <g.branden.robinson@gmail.com> wrote:
<= div dir=3D"ltr" class=3D"gmail_attr">

Micro= ware, having apparently so carefully followed the letter of
trademark law with respect to AT&T Unix, sued Apple for peddling "= OS/9"
in the operating system market, and promptly got their asses handed to
them by the federal district court, which dutifully honored the foremost principle of law: big people get to stomp smaller people as often, and
as hard, as they would like.[2]


To be fair, the judge decided that there wasn&= #39;t a whole lot of risk of consumer confusion between a consumer OS that = ran only on Apple Macintoshes and an OEM OS that did not.=C2=A0 The only ac= tual victims were Mac people who stumbled into comp.os.os9 and got seriousl= y confused.

In any case, Microsoft v. Lindows pretty much established that sometime= s the little guy wins, even in trademark cases.=C2=A0 Microsoft claimed tha= t Lindows was infringing their trademark for Windows (it was a Linux distro= that came with Wine and some glue) and lost the case on prior-use grounds = (both Xerox and Apple).=C2=A0 So rather than risking all on a retrial and m= aybe losing the Windows trademark altogether, they settled for US$20M and L= indows changed its corporate and distro names to Linspire.

That said, "Window= s" is a descriptive trademark, and those are always shaky legally.
Cisco rolled over
and took some undisclosed amount of money,

<= div class=3D"gmail_default" style=3D"font-family:"times new roman"= ;,serif;font-size:large">Money undoubtedly flowed from Apple Computers to A= pple Records when the first company started selling music,=C2=A0too.=C2=A0 = This sort of thing is routine.=C2=A0 While I was working at Chase Bank, the= y paid a small fortune to Chase Research for the rights to "chase.com".
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