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Subject: Re: Proposal - Free the Debian Open Use logo - msg#00124

List: debian.devel.project

Date: Prev Next Index Thread: Prev Next Index
"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). -- .''`. ** Debian GNU/Linux ** | Andrew Suffield : :' : http://www.debian.org/ | `. `' | `- -><- | signature.asc Description: Digital signature

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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/ pgpQvLYJMLpyy.pgp Description: PGP signature

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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/ pgpV8Xg9peJ42.pgp Description: PGP signature
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