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Subject: Re: Proposal - Free the Debian Open Use logo - msg#00124
List: debian.devel.project
"Benj. Mako Hill" <mako@xxxxxxxxxx> writes:
> On Mon, Oct 20, 2003 at 09:35:10PM +0100, MJ Ray wrote:
> > On 2003-10-06 20:53:56 +0100 Steve Langasek <vorlon@xxxxxxxxxxxxxx>
> > wrote:
> >
> > >trademark law doesn't allow us the same latitude for selective
> > >enforcement that copyright law does
> >
> > Can you be more specific, please? I was recently challenged about
> > this and cannot point at why this would be.
>
> Because a generic term cannot be trademarked. You can trademark "Coke"
> but you can't trademark "Cola."
Err, "coke" is a generic term too. I think Coca-Cola is the trademark
you're thinking of.
> This makes sense because the point of a trademark is too allow for the
> creation of a brand -- to associate the goodwill that an organization
> creates with name that they slap on a product. So every time you buy a
> "Coke" you can rest assured that you're getting something that the
> Coke folks in Atlanta are willing to vouch for (for whatever that's
> worth).
Some refined charcoal? :p
--
I'm sick of being the guy who eats insects and gets the funny syphilis.
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Re: Linux Cluster
Martin Tang wrote:
Hello,
Does Debian Linux implement true clustering (two or more simultaneously
active servers sharing the same physical disks) ?
Mit eme scheene Griessli,
Martin Tang
AFAIK you need special hardware to do this. What you can do in SW though
is to have two servers, that mirror each other eg. using RSync over a
fast dedicated line.
Robert Ribnitz
Resposible for ht://Dig
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Re: Linux Cluster
On Tue, Oct 21, 2003 at 10:51:57AM +0200, Robert Ribnitz wrote:
> Martin Tang wrote:
>
> >Hello,
> >
> >Does Debian Linux implement true clustering (two or more simultaneously
> >active servers sharing the same physical disks) ?
> >
> > Mit eme scheene Griessli,
> >
> > Martin Tang
> >
> >
> AFAIK you need special hardware to do this. What you can do in SW though
> is to have two servers, that mirror each other eg. using RSync over a
> fast dedicated line.
There are various free shared filesystems out there, if you have
hardware that permits shared access to disks (fibrechannel or
some other SAN kit).
There are also NAS filesystems which give a pretty good simulation of
it (lustre for example, although that's a bit immature).
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Re: Proposal - Free the Debian Open Use logo
On Mon, Oct 20, 2003 at 09:35:10PM +0100, MJ Ray wrote:
> On 2003-10-06 20:53:56 +0100 Steve Langasek <vorlon@xxxxxxxxxxxxxx>
> wrote:
>
> >trademark law doesn't allow us the same latitude for selective
> >enforcement that copyright law does
>
> Can you be more specific, please? I was recently challenged about
> this and cannot point at why this would be.
Because a generic term cannot be trademarked. You can trademark "Coke"
but you can't trademark "Cola." This makes sense because the point of
a trademark is too allow for the creation of a brand -- to associate
the goodwill that an organization creates with name that they slap on
a product. So every time you buy a "Coke" you can rest assured that
you're getting something that the Coke folks in Atlanta are willing to
vouch for (for whatever that's worth).
The answer to your question though lines in the fact that a term can
start out as a trademark and, if you don't enforce it, can *become*
generic. Linoleum, Zipper and Escalator all used to be trademarks but
became generic because the trademarks weren't enforced.
AIUI, if anyone can call their OS Debian and if we don't enforce it,
Debian will, in the minds of the world, stop refering the OS created
by this particular group of people and we will lose rights to the
mark.
Regards,
Mako
--
Benjamin Mako Hill
mako@xxxxxxxxxx
http://mako.yukidoke.org/
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Re: Proposal - Free the Debian Open Use logo
On Tue, Oct 21, 2003 at 11:48:35AM -0700, Brian Nelson wrote:
> "Benj. Mako Hill" <mako@xxxxxxxxxx> writes:
>
> > On Mon, Oct 20, 2003 at 09:35:10PM +0100, MJ Ray wrote:
> >> On 2003-10-06 20:53:56 +0100 Steve Langasek <vorlon@xxxxxxxxxxxxxx>
> >> wrote:
> >>
> >> >trademark law doesn't allow us the same latitude for selective
> >> >enforcement that copyright law does
> >>
> >> Can you be more specific, please? I was recently challenged about
> >> this and cannot point at why this would be.
> >
> > Because a generic term cannot be trademarked. You can trademark "Coke"
> > but you can't trademark "Cola."
>
> Err, "coke" is a generic term too. I think Coca-Cola is the trademark
> you're thinking of.
This is getting madly off-topic for this list but both Coca-Cola *and*
Coke (and Vanilla Coke and Diet Coke and Cherry Coke and Coke Classic
and lots, lots more) are registered many times (for many different use
in many different areas ) by the Coca-Cola corporation. You can do
search at http://www.uspto.gov to get an idea.
Perhaps there is a point worth making here though. A trademark is
connected to a particular type of goods which means that while Coke
may be a trademark as it pertains to beverages, this doesn't necessary
interfere with the words generic meaning in the area of power tools or
narcotics (assuming for a moment that you could get a trademark for
your "brand" of cocaine.
Debian's trademark is only for "Computer Utility and Operating System
Software" which, AIUI, means we probably can't control other groups
ability to sell Debian soap or beverages.
Regards,
Mako
--
Benjamin Mako Hill
mako@xxxxxxxxxx
http://mako.yukidoke.org/
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