[Consortium] Re: Linux trademark fees for non-profit organisations

[Jon maddog Hall]

Daniel,

daniel at linuxaudio.org said:
> If this is the case, could you ask LMI and/or OSDL to reconsider this  move?
> It could be seen as a tax by OSDL's corporate founders on  Linux-related
> groups around the world. 

LMI is constantly looking at this, and we will consider any reasonable path
that can be done.  But please understand that I (Jon "maddog" Hall), have
spent close to 100,000 USD of my personal funds, as well as another 200,000 USD
of Linux International's money, defending the Linux Trademark around the world
so that user groups like yours can use it.  LI is broke, and so am I.

OSDL and its corporate sponsors are not "taxing" the use of the word Linux.
OSDL has loaned LMI (a non-profit corporation, with NO paid board members or
staff other than a paralegal, who has to eat) money to try and make the
protection of the word "Linux" self-funding.  There is one OSDL representative
on the board, which is reasonable since they want to make sure their money is
being spent wisely and that we are proceeding to do 'the right thing', whatever
that is.  The rest of the board members are either legal or community.  Linus
gets copied on every decision, and can revoke LMI's authority to do this if
he wishes.  We are looking to expand the board, taking more people from
the community, not from OSDL, and trying to get some non-USA input into this
also.

Again, we are constantly looking at trying to make this as low cost as possible,
but when it costs 100,000 USD to file a trademark in the EU, the money has to
come from someplace.

> Perhaps there should be a turnover cut-off, eg organisations with less  than
> US $100,000 annual turnover don't have to pay. 

I think there has to be some payment, as it costs money to administer the MARK,
which is part of what the law says you have to do to protect it.  If there was
no charge whatsoever, then tens of thousands of people might try to register
names "just in case"...sort of like URL cybersquatting.  Part of protecting
the name is keeping the namespace open so that legitimate groups (like yours)
can use it.

As I said, we are constantly reviewing this policy, and I will take your
concern to the board (which, by the way, has only one OSDL employee on it).

Warmest regards,

md
-- 
Jon "maddog" Hall
Executive Director           Linux International(R)
email: maddog at li.org         80 Amherst St. 
Voice: +1.603.672.4557       Amherst, N.H. 03031-3032 U.S.A.
WWW: http://www.li.org

Board Member: Uniforum Association, USENIX Association

(R)Linux is a registered trademark of Linus Torvalds in several countries.
(R)Linux International is a registered trademark in the USA used pursuant
   to a license from Linux Mark Institute, authorized licensor of Linus
   Torvalds, owner of the Linux trademark on a worldwide basis
(R)UNIX is a registered trademark of The Open Group in the USA and other
   countries.