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Hey @linuxfoundation@social.lfx.dev why are you sending takedowns on redbubble for generic Unix terms and project names you don't own?
It seems that the Linux Foundation has decided that both “systemd” and “segmentation fault” (lol?) are trademarked by them.
“Patent troll” and “required actions to preserve trademarks” are two totally different things. The former is objectively bad in all ways. The second is explainable if there truly is a trademark and said gear infringes on the trademark and may be excusable if the Linux Foundation is forced to act to preserve their branding (trademark law is weird). It’s even more explainable if this is a shitty auto filter some paralegal had to build without any technical review because IP law firms are hot fucking mess. I’m also very curious to see the original graphics which I couldn’t find on Mastodon. If they are completely unrelated and there was an explicit action by someone who knew better, the explanation provides no excuse.
Attacking any company because the trademark process is stupid doesn’t accomplish much more than attacking someone paying taxes for participating in capitalism.
Why does the Linux Foundation even have a trademark process for “segmentation fault”? According to the poster on Mastodon, these words were the whole design.
Linux is the imposter here. Segmentation fault refers to how the PDP-(I forget) hardware organized memory. It comes from the original unix implementation which linux has never had any part of.
They aren’t satinf they have a trademark on the phrase ‘ segmentation fault’. They are saying the artwork called ‘segmentation fault’ contains a trademarked image/logo/whatever
x86 and x86_64 still have segment registers so it’s not exactly entirely archaic, but they’re not really relevant so that doesnt change what you said. I dont have the exact details on who implemented segmentation first, so I cant elaborate on that.
It does matter because projects like *BSD can prove continuous usage of the term. As such either the trademark is easy to break (it is common use), or it can only be a trademark in very specific contexts that are unlikely to apply.
Sure, what I was saying is that whether someone else created it in the 70s isn’t significant for trademark law. If multiple entities have been using it since then without claiming exclusivity would be significant.
Doing a search on the USPTO shows no mark for that combination of words. Did the poster share the design? Because either there’s more to the story on their side or there’s more to the Linux Foundation side. For example, an overworked paralegal with no concept of what terms to include. Alternatively, someone being an asshole with a SLAPP suit. We need more information.
My comment contains “if” because, speaking from professional expertise, there is a good possibility this is happening because of either a legal agreement I don’t have insight into so I can’t comment on or because of incompetence. It could also be happening from malice which, imo, is the kind of SLAPP bullshit Nintendo is deservedly attacked for. I’m not trying fanboy anything here; I’m just saying we need more information for pitchforks. The Linux Foundation has my implicit assumption of positive intent (unlike, say, Nintendo), so I’m willing to wait and see what happened here before I start attacking The Linux Foundation for something we have a screenshot from Mastodon on.
If you believe my professional opinion is wrong, I would love to learn more about why.
“Patent troll” and “required actions to preserve trademarks” are two totally different things. The former is objectively bad in all ways. The second is explainable if there truly is a trademark and said gear infringes on the trademark and may be excusable if the Linux Foundation is forced to act to preserve their branding (trademark law is weird). It’s even more explainable if this is a shitty auto filter some paralegal had to build without any technical review because IP law firms are hot fucking mess. I’m also very curious to see the original graphics which I couldn’t find on Mastodon. If they are completely unrelated and there was an explicit action by someone who knew better, the explanation provides no excuse.
Attacking any company because the trademark process is stupid doesn’t accomplish much more than attacking someone paying taxes for participating in capitalism.
Why does the Linux Foundation even have a trademark process for “segmentation fault”? According to the poster on Mastodon, these words were the whole design.
Just like champagne only comes from the champagne region of France, true segmentation fault only comes from a linux program shitting itself.
Linux is the imposter here. Segmentation fault refers to how the PDP-(I forget) hardware organized memory. It comes from the original unix implementation which linux has never had any part of.
They aren’t satinf they have a trademark on the phrase ‘ segmentation fault’. They are saying the artwork called ‘segmentation fault’ contains a trademarked image/logo/whatever
What is this segmentation fault logo or image? I’m not familiar with anything like that and searching for it hasn’t helped.
we don’t know, the post does not elaborate
x86 and x86_64 still have segment registers so it’s not exactly entirely archaic, but they’re not really relevant so that doesnt change what you said. I dont have the exact details on who implemented segmentation first, so I cant elaborate on that.
It doesn’t matter because trademark law is about usage and active protection of rights, not origination.
It does matter because projects like *BSD can prove continuous usage of the term. As such either the trademark is easy to break (it is common use), or it can only be a trademark in very specific contexts that are unlikely to apply.
Sure, what I was saying is that whether someone else created it in the 70s isn’t significant for trademark law. If multiple entities have been using it since then without claiming exclusivity would be significant.
—Lucy Liubot
Segmentation fault is the name of the artwork.
The artwork itself might contain the Linux logo
You mean Tux? That’s under a custom attribution license, with no noncommercial clause
Doing a search on the USPTO shows no mark for that combination of words. Did the poster share the design? Because either there’s more to the story on their side or there’s more to the Linux Foundation side. For example, an overworked paralegal with no concept of what terms to include. Alternatively, someone being an asshole with a SLAPP suit. We need more information.
You can look trademarks up. They don’t.
There is more to the story, even if it’s just some overzealous bot or contracted company.
They might not; that is just the title of the art. The art could have other infringing content.
It did not.
We need to see the actual artwork to know if it has something infringing. This link means little.
Does the back include Linux logo or smth? Otherwise it makes no sense
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My comment contains “if” because, speaking from professional expertise, there is a good possibility this is happening because of either a legal agreement I don’t have insight into so I can’t comment on or because of incompetence. It could also be happening from malice which, imo, is the kind of SLAPP bullshit Nintendo is deservedly attacked for. I’m not trying fanboy anything here; I’m just saying we need more information for pitchforks. The Linux Foundation has my implicit assumption of positive intent (unlike, say, Nintendo), so I’m willing to wait and see what happened here before I start attacking The Linux Foundation for something we have a screenshot from Mastodon on.
If you believe my professional opinion is wrong, I would love to learn more about why.