Hi Jon,
Thanks for the rapid reply!
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.
I thought that might be the reason for the initiative, and I welcome
the support of OSDL for the protection of the Linux trademark.
However, I think the way that this is being handled, with the threat
of legal action against legitmate non-profit Linux groups who don't
pay up, is wrong.
From
http://www.linuxmark.org/other_people_usage.html :
"If you know of entities or persons using the Linux mark without a
license and without the required legend, please notify us with the
details. We will then contact that entity or person and attempt to
negotiate a license agreement with them, or will take such other
further legal action as might be necessary."
If LMI had styled the fundraising initiative as a 'Linux trademark
defence fund' then I believe it would be received more positively -
and I don't think it's too late to do that.
OSDL and its corporate sponsors are not
"taxing" the use of the
word Linux.
That's how it might appear from the outside. LMI says is registered in
Beaverton and its site is hosted on an OSDL server, so it appears to
be a de facto part of OSDL.
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.
That would be a good idea. Have you asked Bruce Perens? It was his
concern about the Debian-compatibility of the LMI sublicence that
brought this matter to our attention.
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.
Sure, but US $200 every year might be a lot for a group with no
income, particularly in the third world. But if a business wants to
incorporate the word Linux into its name, then you've got a clear
case.
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.
Given the cost of the trademark application itself, I don't think
that's very likely. An extra $200 wouldn't be much of a deterrent.
I believe the best way to enforce the trademark is to get a community
consensus behind the effort, and LMI won't be able to do that if it
alienates most of the user groups and developer organisations with a
blunt approach to the collection of licensing fees.
As far as
linuxaudio.org is concerned, we could help that effort by
putting 'LINUX® is a registered trademark of Linus Torvalds' on our
site. I believe our use of the name is covered by the fair use
provisions outlined on the page:
http://www.linuxmark.org/who_needs.html
However, the actual licence text, by setting an annual fee for
non-profits, seems to contradict it's own fair use provisions.
Cheers!
Daniel