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Thread: Dutch Judge prohibits use of name Lindows




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    The use of the name Lindows is not allowed in The Netherlands. Dutch distributors of Lindows may not continue reselling Lindows.

    Microsoft claimed Lindows OS and Lindows.com are confusing.

    “Lindows benefits unjustified on the success of Windows, because Lindows.com markets its product as both Windows and Linux.“ according to the judge.

    The 4 dutch distributors have to stop reselling and advertising Lindows within 8 days.

    Also Lindows.com must be inaccessible for people browsing the Internet from The Benelux (Belgium, Netherlands, Luxembourg)

    This verdict is simulair as recent ones in Finland and Sweden where judges also prohibited the use of the name LindowsOS and Lindows.com.

    Lindows.com could change its name for the Benelux countries, but according to Erik Vollebregt, the attorney of Lindows.com this is not likely to happen cause the sales of Lindows.com in the Benelux are not that high.

    "We just forwarded the verdict to the US. So we have to see if Lindows.com wants to spend money going to a higher court", according to Vollebrecht.

    -Bink.nu

    *this has to to be one of the most absurd things I've heard in a while : omg:
    I've gone too far and need to move on!

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    Quote Originally Posted by minibubba
    Also Lindows.com must be inaccessible for people browsing the Internet from The Benelux (Belgium, Netherlands, Luxembourg)
    The fact that they can order a website inaccessible for the whole area is VERY SCARY!
    I hope they are going to fight that part of the judges decision, as this would seem like a first step in censorship of the internet! :thumbs do

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    And here I thought we in the US held the cards for stupidity in the judicial system... but now I see it is a world-wide epidemic!
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    The operating system Lindows is now available as Lin---s (pronounced: Lin-dash) in those countries where Microsoft has blocked the availability of the desktop Linux distribution. The new name complies with a recent Amsterdam court ruling, the San Diego company says.

    "By removing 3 letters from our product name, Lindows.com will not be creating any confusion regarding Microsoft's supposed trademark on 'windows', and still offer choice in the marketplace," said Lindows.com CEO Michael Robertson in a statement today. "Any action from Microsoft to block Lin---s will show their true intentions are not to protect their trademark, but to eliminate competition and maintain their monopoly."

    Source: The Register
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    Quote Originally Posted by kane2g
    The fact that they can order a website inaccessible for the whole area is VERY SCARY!
    I hope they are going to fight that part of the judges decision, as this would seem like a first step in censorship of the internet! :thumbs do
    Much of the world has tremendous censorship on the internet, so I'm surprised that you think this is something new? And yet, this doesn't really have anything to do with censorship, it simply has to do with copyright infringement.

    Quote Originally Posted by Darthtanion
    And here I thought we in the US held the cards for stupidity in the judicial system... but now I see it is a world-wide epidemic!
    Oh yea, most of the rest of the world is far more backward than we are, they just don't get as much press, because noone cares !! ROFL !!

    ---

    And as far as the infringement side of things, you gotta admit, that it makes perfect sense to expect a product called Lindows to be a Microsoft version of Linux. That is a Perfectly logical conclusion, and therefore IS infringing, as sales would be made upon that assumption.
    "In their capacity as a tool, computers will be but a ripple on the surface of our culture. In their capacity as intellectual challenge, they are without precedent in the cultural history of mankind." - Edsger Dijkstra

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    Quote Originally Posted by asklepios
    The operating system Lindows is now available as Lin---s (pronounced: Lin-dash)
    Source: The Register
    See ! That is a perfect implementation of Law, IMO. Now that it is being marketed as LinDash noone will make that mistake, and therefore no sales will be made through false advertising. Anyone knowing the story behind it, will of course clearly know that LinDash has nothing to do with Microsoft.

    Perfect for everyone involved....
    "In their capacity as a tool, computers will be but a ripple on the surface of our culture. In their capacity as intellectual challenge, they are without precedent in the cultural history of mankind." - Edsger Dijkstra

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    Quote Originally Posted by zeradul
    ...and therefore no sales will be made through false advertising.
    what kind of false advertising are you talking about anyways?
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    I'm not saying direct false advertising, but any sale sold with the buyer believing that Lindows is Microsoft's version of Linux, is infringing on Microsoft's copywrite.
    "In their capacity as a tool, computers will be but a ripple on the surface of our culture. In their capacity as intellectual challenge, they are without precedent in the cultural history of mankind." - Edsger Dijkstra

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    Quote Originally Posted by zeradul
    but any sale sold with the buyer believing that Lindows is Microsoft's version of Linux, is infringing on Microsoft's copywrite.
    No. If I buy a car thinking it will fly, that doesn't mean General Motors has commited copyright infringement against Boeing. Even if that car had a similar name, there would have to be advertising claiming the car was actually a Boeing plane and that it can fly. The judge was probably bribed by Microsoft as part of its crusade against Linux. It wouldn't be the first time Microsft had illegal business tactics.:2cents:

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    Quote Originally Posted by zeradul
    I'm not saying direct false advertising, but any sale sold with the buyer believing that Lindows is Microsoft's version of Linux, is infringing on Microsoft's copywrite.
    Does that mean that if I start a record company called Fony, poeple will think that its Sony with 'truth in advertising' laws applied?
    If I called my software company Tiny and Flaccid, can microsoft get me then?

    Anyone who thinks that Lindows is microsoft's version of Linux should just look around- its not like anyone has ever claimed that was true.

    That fact that uneducated people think that it is associated with windows doesn't mean much to me. I mean, like Yawgm0th said, when you register a brand name (Poo, inc.) you can't go around sueing anyone with a name that sounds like it (Spu, Inc.) or looks like it (Pou, Inc.).

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