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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.
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.
The trademarks owned by the Linux Foundation are listed here: https://www.linuxfoundation.org/legal/trademarks Neither "systemd" or "segmentation fault" are listed. Something smells funky here.
Isn't that what copyright/patent trolls are? People who lodge complaints on the behalf of others, regardless of whether or not the original owner of the intellectual property actually cares, or in some cases, even is legally allowed to do so? If it's the original owner, then it's usually just considered to be protecting property.
I agree. Of the 188 marks registered to "The Linux Foundation" with the USPTO, there does not appear to be a mark for "systemd", "fsck", or "segmentation fault." My guess is this is an imposter claim and the artist should counter notice this claim to Redbubble.
FWIW (and assuming the link works) here's the marks ever registered to the Linux Foundation.
The complaint is not about the terms "systemd" and "segmentation fault." Those are the titles of the affected artworks. Presumably the artworks themselves contain some trademarked property.
I can understand Systemd being trademarked, but does the Linux Foundation own the trademark for Systemd..? Surely not. I'd think Red Hat before I thought Linux Foundation.
this has nothing even remotely to do with patents, fam
but it is indeed bullshit.
the purpose of a "trademark" is to prevent the public from being deceived about what they're purchasing, so you can't sell "Big Macs" on your own because the public might be deceived into thinking they were purchasing a product from McDonalds, which (I assume) has trademarked the use of "Big Mac" for fast food.
I HIGHLY doubt the Linux Foundation owns the trademark for "Segmentation Fault" with respect to random merch, so... yeah 100% bullshit
(The image does also say "Linux IP" in addition to "Linux Trademark" and I wonder what the hell that is supposed to mean, since "IP" covers a multitude of dissimilar things, maybe it's just a vague handwavy assertion they make in order to make a takedown without particularly justifying it?)
Funny you should use Big Mac as an example, since McDonalds actually lost that trademark in Europe due to some legal dispute with a pub in Ireland or something
Well yes, its a storefront where anyone can sell "their" designs for a cut, the thing is, redbubble has basically no process for making sure that's all happening above board.
Are we certain this complaint was lodged by the Linux Foundation? Frequently DMCA takedowns happen because someone who is not the original rights holder made the complaint. Even when there's no actual rights being violated. Essentially people taking advantage of automated systems or just people not wanting to deal with possible legal issues, trolling of a different sort.
Any forks of systemd will have to be renamed to something obviously different from plain “systemd”, but forks already work that way. We are not, for example, using “XFree86” even though the current X Window System is derived from XFree86 code.
Nor must the program files (shell commands, etc) be renamed. OpenSSH still uses the program file name ssh for compatibility, despite “SSH” being a trademark belonging to someone else.
The only dogma systemd has broken is that booting has to be slow, complicated, and unreliable. Good riddance.
The only dogma systemd has broken is that booting has to be slow, complicated, and unreliable.
This was a solved problem before systemd was a thing. And, even if we assumed that Upstart (2006), OpenRC (2007) and others wouldn't have existed in 2010: How often do you need to reboot your system before the intrusiveness of systemd is worth it?