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<HTML><HEAD> <TITLE>BBS水木清华站∶精华区</TITLE></HEAD><BODY><CENTER><H1>BBS水木清华站∶精华区</H1></CENTER>发信人: linuxrat (竹剑居士*打回原形), 信区: Linux <BR>标 题: Linus关于域名当中使用"Linux"的建议[FWD] <BR>发信站: BBS 水木清华站 (Thu Jan 20 10:34:53 2000) <BR> <BR> 看来是这个法律问题让Linus Torvalds先生头疼了. 问的太多了, 烦! //sigh <BR> URL: linuxtoday.com <BR>========Begin============= <BR> Linus Torvalds: Using "linux" in a domain name <BR> Jan 19, 2000, 16:25 UTC (12 Talkbacks) (Other stories by Linus <BR> Torvalds) <BR> <BR> From a posting by Linus on the Linux-Kernel mailing list: <BR> <BR> Re: Using "linux" in a domain name <BR> Date: Tue, 18 Jan 2000 20:28:45 -0800 (PST) <BR> From: Linus Torvalds <BR> To: "Eric A. Stephens" , Tony Zafiropoulos , "Jaron J. Rubenstein" <BR> Cc: Kernel Mailing List <BR> <BR> [ sorry for the off-topic thing to "linux-kernel", it's just the best <BR> medium I can think off off-hand ] <BR> <BR> Ok, <BR> I've been getting tons of email about the trademark thing due to the <BR> action of stopping the auctioning off of linux-related names, so <BR> instead of just answering individually (which was how I started out), <BR> I'll just send out a more generic email. And hope that slashdot etc <BR> pick it up so that enough people will be reassured or at least <BR> understand the issues. <BR> <BR> And hey, you may not end up agreeing with me, but with the transmeta <BR> announcement tomorrow I won't have much time to argue about it until <BR> next week ;) <BR> <BR> Basically, the rules are fairly simple, and there really are just a <BR> few simple basic issues involved: <BR> <BR> - I (and obviously a lot of other people) do not want to have "Linux" <BR> as a name associated with unacceptable (or borderline) behaviour, and <BR> it's important that "Linux" doesn't get a name of being associated <BR> with scams, cybersquatting, etc etc. I'd personally hate that, for <BR> rather obvious reasons. I _like_ being proud of Linux, and what has <BR> been achieved. I'd rather not have to apologize for it.. <BR> <BR> - Trademark law requires that the trademark owner police the use of <BR> the trademark (unlike, for example, copyright law, where the copyright <BR> owner is the copyright owner, always is, and always will be unless he <BR> willingly relinquishes ownership, and even THEN he ends up having <BR> rights). <BR> <BR> This is nasty, because it means, for example, that a trademark owner <BR> has to be shown as caring about even small infringements, because <BR> otherwise the really bad guys can use as their defense that "hey, we <BR> may have misused it, but look at those other cases that they didn't go <BR> after, they obviously don't care.." <BR> <BR> - Even with things that aren't scams or something like that, VALID <BR> uses of "Linux" may be bad if they mean that other valid uses of <BR> "Linux" are blocked. <BR> <BR> Those are the kind of ground rules, I think everybody can pretty much <BR> agree with them.. <BR> <BR> What the above leads to is <BR> <BR> - I'm required to ask people to acknowledge the trademark. When you <BR> use the term "Linux" in official marketing literature etc, you should <BR> acknowledge it as a trademark owned by me. Not because I love seeing <BR> my name in print, but simply because of the "policing" issue (#2) <BR> above. <BR> <BR> (And no, that does NOT mean that you have to add that to normal, <BR> everyday use of the term. Common sense rules the day, think of the <BR> situations where you see the silly "xxxx is a trademark of yyyy", and <BR> realize that yyyy may not really care except the legal issues force <BR> them to ;) <BR> <BR> - _Intent_ matters. It matters a lot. <BR> <BR> If your intent is to use the word "linux" as part of a real Linux <BR> project, that doesn't mean that you automatically absolutely have to <BR> get permission from me. That's the LAST thing I want. I want "Linux" <BR> to be as free as possible as a term, and the real reason for having a <BR> trademark in the first place was to _protect_ it rather than use it as <BR> some kind of legalistic enforcement thing. <BR> <BR> But, for example, if your intent is to register "mylinux.com" (made up <BR> example, I don't know if it is registered or not) only in the hopes of <BR> selling the domain name for mucho dinero later, then that kind of <BR> intent is not something I (or anybody else, I think) would find really <BR> acceptable, because now the use of "linux" in this case has really <BR> been a question of blocking somebody ELSE from using the term and <BR> using it to get money. <BR> <BR> This is where the cybersquatting laws come in, for example, allowing <BR>
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