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Lindows Takes a Hit in the Netherlands

CowboyNeal posted more than 10 years ago | from the taking-the-business-elsewhere dept.

The Courts 354

diersing writes "The Register has the latest on it. Resellers of the Linux distribution Lindows in the Netherlands were ordered today to stop selling the product. Amsterdam judge Rullmann agreed with Microsoft that in many ways Lindows is 'profiting from the success of Windows' by infringing on Microsoft's trademarks." This seems to be a rather common occurrence lately.

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fp? (-1, Troll)

Anonymous Coward | more than 10 years ago | (#8133797)

fp?

Re:fp? (-1, Offtopic)

iwasinnamuknow (702730) | more than 10 years ago | (#8133802)

was going to but i couldn#t think of anything sensible to write. i happened to /. just as it was posted

I could have failed it ! (-1)

Adolf Hitroll (562418) | more than 10 years ago | (#8133799)

But it's still my first post of the day :)

Goatse lives ! [tiscali.co.uk]

New Slashdot Business Model (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8133863)

1. Sell videos of yourself masturbating on eBay [yahoo.com]
2. ???
3. Profit!

Sure... (3, Funny)

cavac (640390) | more than 10 years ago | (#8133801)

...how are they supposed to mimick windows? You don't have to reboot Lindows every time you move the mouse, so THAT can't be the point :-)

Re:Sure... (-1, Flamebait)

LordDethstar (737258) | more than 10 years ago | (#8133933)

Well, at least you can move the mouse without having to re-compile the kernel.

TROLL ALERT (-1, Redundant)

Anonymous Coward | more than 10 years ago | (#8133956)

see posts for further details

Re:Sure... (5, Insightful)

Mr. Troll (202208) | more than 10 years ago | (#8134073)

If they aren't trying to mimic MS Windows then why take a name so remarkably close to it? It is so totally obvious. Lindows is trying to ride on Ms's coat tails. The product may be totally different, but that isn't the point. Its just like that Panaphonics VCR, or that Magnetbox TV...

Why not try "Linux ADVANCE OS" or something. Hell, Linux itself is becoming a buzzword now....

TRanslated from dutch website (4, Informative)

tijnbraun (226978) | more than 10 years ago | (#8133804)

I'm not really good at translating but I'll give it a try
Loosely translated from a article [webwereld.nl] on WebWereld (dutch IT news site)

Dutch judge prohibits the use of the trademark Lindows
This conclusion was made by the Dutch judge Sj. Rullmann in Amsterdam on Thursday.

Microsoft claimed during court that Lindows violated its trademark and that the name Lindows is too confusing in comparison to its own product Windows.

"Lindows profits unlawfully from the success of Windows because Lindows.com too explicitly puts its product in the market as a product which is capable of running both platforms", according to the judge.

[I don't even understand the next line in Dutch but I'll try: ] Moreover Lindows distinguishes itself [huh?] from Windows because of its name [and] Lindows takes unjustified advantage from the [fuck knows: undistinguishablility?] and reputation of the brand Windows.

Lindows.com is summoned to cease the violation of the trademark infringement on the brand Windows. The software company of Michael Robertson is also no longer allowed to advertise in the Netherlands.

Furthermore the four resellers in the Netherlands must stop with the sale and advertisements of Lindows products.

Also the judge ruled that Lindows must ensure that internet users from the Benelux [BElgium NEtherlands LUXembourg] can no longer access the site www.lindows.com.

This verdict corresponds to earlier rulings of judges in Finland and Sweden. There the use of the names LindowsOS and Lindows became prohibited in December as well.

Lindows.com could change its name in the Benelux. According to Erik Vollebregt Clifford Change, the question whether this will happen is uncertain because the sales in the Benelux are not high, but it is up to the lawyer's office of Lindows.com [in the USA]

Vollebregt: "We just sent the sentence to USA. Hence it still must be determined whether Lindows thinks it makes sense and money worth spending to appeal to the verdict"

Re:TRanslated from dutch website (4, Funny)

Crypto Gnome (651401) | more than 10 years ago | (#8133833)

Also the judge ruled that Lindows must ensure that internet users from the Benelux [BElgium NEtherlands LUXembourg] can no longer access the site www.lindows.com.

They should chanre tha name in that region to (wait for it) BENE LinUX.

Might even sell well in Italy.

Re:TRanslated from dutch website (3, Insightful)

afree87 (102803) | more than 10 years ago | (#8133849)

Also the judge ruled that Lindows must ensure that internet users from the Benelux [BElgium NEtherlands LUXembourg] can no longer access the site www.lindows.com.

Another hit for free speech... I don't even see how that makes sense.

Re:TRanslated from dutch website (0)

Anonymous Coward | more than 10 years ago | (#8133997)

What if I access that site via www.megaproxy.com? Have they got an answer for that? I thought we decided there's not point in this sort of halfwitted action, on the grounds that there are too many workarounds, mirrors etc?

Re:TRanslated from dutch website (5, Interesting)

storem (117912) | more than 10 years ago | (#8133856)

Also the judge ruled that Lindows must ensure that internet users from the Benelux [BElgium NEtherlands LUXembourg] can no longer access the site www.lindows.com.

Not that I'm that patriotic or anything, but how on earth can a Dutch judge restrict my ability (I'm Belgian citizen) to visit a particular website (even if it is www.lindows.com) by obliging the owner to deny me access?

There are no court agreements between the Benelux countries in my opinion, at least a Belgian judge should rule in the same way as the Dutch one to make this ligitimate. This would be different if this ruling was made in the EU (European Union) court in Strassbourg, whose rulings supersede Belgian ones.

Re:TRanslated from dutch website (5, Informative)

ggeens (53767) | more than 10 years ago | (#8133911)

how on earth can a Dutch judge restrict my ability (I'm Belgian citizen) to visit a particular website

From a fellow Belgian (not a lawyer though): trademarks are common in all three Benelux countries. This means that any judgment in one country might affect the other two.

Re:TRanslated from dutch website (0, Offtopic)

phulshof (204513) | more than 10 years ago | (#8133978)

1 11 21 1211 111221 312211 13112221 ...

Re:TRanslated from dutch website (3, Informative)

phulshof (204513) | more than 10 years ago | (#8133934)

> [I don't even understand the next line in Dutch but I'll
> try: ] Moreover Lindows distinguishes itself [huh?] from
> Windows because of its name [and] Lindows takes
> unjustified advantage from the [fuck knows:
> undistinguishablility?] and reputation of the brand
> Windows.

The Dutch sentence is grammatically flawed to begin with, but the (similarly flawed) translation should read:
Moreover Lindows.com pushes against Windows by the naming of the product Lindows.com draws unjustified advantage of the distinguishing capacity and the reputation of the brand Windows.

Re:TRanslated from dutch website (2, Informative)

Tow_cow (708566) | more than 10 years ago | (#8134049)

The Dutch sentence is flawed because the editor forgot to place a dot: the sentence is two sentences.

The dot should be placed after the first occurence of 'Windows'.

WILDCAT IS ON TEH SPOKE (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8133805)

SMELL TEH GLOVE (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#8133837)

PILTAR MAN LIVES!! (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8133898)

yes (-1, Offtopic)

kemikalzen (173455) | more than 10 years ago | (#8133806)

you made it! you are a Winner!

Others Too (5, Funny)

Mork29 (682855) | more than 10 years ago | (#8133812)

"Microsoft is using lawsuits as a battering ram to smash Linux, to prevent it from reaching retail stores".

I've never heard of any other companies [sco.com] trying this.

Re:Others Too (2, Funny)

D-Cypell (446534) | more than 10 years ago | (#8133884)

Actually, I would imagine SCO would love Linux to reach the mass-market... just as long as they got to set the price tag and receive the cash!

Re:Others Too (1)

t0ny (590331) | more than 10 years ago | (#8134083)

Apples and oranges, as far as the legality is concerned. This is a pretty clear-cut case of trademark infringement: hell, they may as well have named their product w1nd0z3

Well, at least the legal system occasionally works the way it should. BTW, is MS just pursuing a cease and desist, or are they actaully suing for damages?

Different Site (0, Interesting)

Anonymous Coward | more than 10 years ago | (#8133813)

I'm going to start visiting that site Blashdot.org

No advertising (2, Insightful)

carou (88501) | more than 10 years ago | (#8133820)

The Californian company isn't even allowed to advertise in the Low Countries any longer and, even more remarkable, the judge has ordered Lindows to make its Web site inaccessible to Benelux-based web users.

Another case of Microsoft pushing Security Through Obscurity?

Re:No advertising (1)

sporty (27564) | more than 10 years ago | (#8133905)

Just ask them not to type in [microsoft.com] the url. Duh...

In other news... (2, Funny)

carou (88501) | more than 10 years ago | (#8134093)

Microsoft today pushed congress to ban the l key from being sold on PC keyboards. A spokesperson said "You don't need to type that key to visit good [microsoft.com] and whoesome [disney.com] websites. On the other hand, that key is essentia to terrorists trying to visit communist [lindows.com] and subversive [slashdot.org] sites. True patriots wi have nothing at a to worry about."

It is good news for you (-1, Troll)

Anonymous Coward | more than 10 years ago | (#8133821)

I think this is pretty good news, cause it fuels more rage for the slashdot mob that they can easily claim that if it wasn't Microsoft and the court, Lindows would easily displace the Microsoft. They will go even further that this is abuse of monopoly and that Microsoft should be sued by Lindows because of these illegal court decisions. Finally it is quite amusing for me also, to see so many people ranting about Microsoft so mindlessly. I just love it.

It's not so bad (5, Insightful)

tobybuk (633332) | more than 10 years ago | (#8133823)

Lots of people will get to hear 'Lindows' as a result of MS legal action who wouldn't have normally.

As they say, all publicity is good publicity.

I wonder what Michael's next trick will be.

profiting from the success of Windows (1, Offtopic)

carm$y$ (532675) | more than 10 years ago | (#8133828)

... but do you have to type in the URL's [slashdot.org] ? :)

Previous Article Troll (-1)

Anonymous Coward | more than 10 years ago | (#8133873)


[anti-lameness: fuck you]

Seriously.. (4, Insightful)

Azureflare (645778) | more than 10 years ago | (#8133832)

Could Lindows have made any worse choice of a name? Why did they think they could use Lindows and get away with it?

I think either:
(1) The marketing people are lazy
(2) They feel they can get a leg up by sounding more like "Windows"
(3) They thought Microsoft will be nice to them. (BWAHHHHAHHAAHAA .. Aha... ha...)

Throw in the fact that Lindows looks SUSPICIOUSLY like Windows XP, and I think Lindows doesn't really have a leg to stand on.

Re:Seriously.. (4, Insightful)

Anonymous Coward | more than 10 years ago | (#8133871)

No, it's:

(4) Use a very similar name to the very trademarked product name of your competitor in order to get said competitor to persue legal action which has more than a leg to stand on and then ride the wave of publicity and pretend to be a martyr to get sympathy from people on Slashdot.

Re:Seriously.. (0)

Anonymous Coward | more than 10 years ago | (#8134111)

"Windows" is not trademarked
Windows95, Windows98 and so on are, but not "windows"
Microsoft tried to trademark it however...

Re:Seriously.. (0)

ReVeR5408 (723233) | more than 10 years ago | (#8133903)

So if I had to name my operating system WinBlowz you think it would work better :)

Re:Seriously.. (4, Interesting)

Liselle (684663) | more than 10 years ago | (#8133936)

There is no "they", there is the Lindows CEO, Michael Robertson. This is the guy who funded the XBOX hacking contest. Any opportunity he has to piss in Microsoft's Cheerios, he will take.

Re:Seriously.. (0)

Anonymous Coward | more than 10 years ago | (#8133981)

um - let's get a bit more technical that judging on appearance and names, eh?

How similar is the kernel for instance I wonder?

Re:Seriously.. (2, Interesting)

xlyz (695304) | more than 10 years ago | (#8134002)


as previously discussed [slashdot.org] lindows brand name in english speaking countries is defendable, as windows being a common word is not.

of course this does not apply where english is not the main language, and windows then become a fully defendable brand.

M$ is just taking advantage of this (where it can)

Why not? (1)

sjb2016 (514986) | more than 10 years ago | (#8134037)

I could be wrong, and perhaps like the Lindows marketing people I'm too lazy to do some research, but didn't Lindows win its case in the U.S? I seem to remember reading that here on Slashdot, but I could be wrong. If I find the article I'll repost.

I'd say that Lindows has perfect authority to use that name. How can a company use a common word like Windows and then expect other companies not to play off that common word, in more creative ways. If Microsoft had called their operating system Microsoft Cantim, and the Lindows people were called Bantim, then I can understand. Both are original words and one is clearly designed to copy another original work for profit. Just don't use a common word and expect exclusivity.

Re:Why not? (0)

Anonymous Coward | more than 10 years ago | (#8134059)

"Windows" may be a common ordinary word in English, but...

(I hope you can figure out the rest)

Quick, call Steve Jobs! (1)

twitter (104583) | more than 10 years ago | (#8134058)

Throw in the fact that Lindows looks SUSPICIOUSLY like Windows XP, and I think Lindows doesn't really have a leg to stand on.

Someone tell Apple that there is popular support for the GUI dumbness. Everyone knows that Microsoft has just been riding Apple's GUI coat-tails for years. It's time to launch another lawsuit, this time in Scandinavia where wakdy and respectable looking Intelectual Property judgements can be bought on the cheap.

Have you ever thought that the name Lindows is a legitimate expression for a Linux distribution that looks and works like wINDOWS? What would you call such a distro? M$ Shadow Linux, Free Windows Linux, Bill Gates Nightmare Linux, Cheap WIMP?

Lindows' Name (4, Insightful)

Ianoo (711633) | more than 10 years ago | (#8133834)

I've always thought Lindows and "LindowsOS" as they prefer it to be called sounded rather silly anyway. I think Lindows is a nice idea, and a good product, and an excellent way to get more people using Linux. However, much as I dislike some of Microsoft's business practices, I do think the name is too close, and I can see the judgement's point.

Why not just call it Winux instead? ;)

Ohhhh (0)

Anonymous Coward | more than 10 years ago | (#8133843)

Then it sounds like you're just Chekov from Star Trek saying "Linux."

Re:Lindows' Name (2, Insightful)

ScoF (530566) | more than 10 years ago | (#8133859)

Why not just call it Winux instead?

Wouldn't we all be up in arms if Microsoft (sorry my $ key is broken) came out with something related to the name of a Linux distribution? Slackdows, Windrake... yadda yadda...

Re:Lindows' Name (1)

DerPflanz (525793) | more than 10 years ago | (#8133895)

Why not just call it Winux instead? ;)

And get sued by Linus because it resembles Windows too much? No way. It seems like Lindows is stuck between a rock and a hard place.

"profiting from the success of " Linux/Unix (3, Insightful)

Anonymous Coward | more than 10 years ago | (#8133844)

Could you argue that Linux profits from the success for Unix because it sounds similar?

oh ffs well done... (1)

rokzy (687636) | more than 10 years ago | (#8133923)

another year of SCO as they try taking that through the courts...

Re:"profiting from the success of " Linux/Unix (3, Insightful)

SkankhodBeeblebrox (581971) | more than 10 years ago | (#8133924)

No, because Linux and Unix do NOT, in fact, sound similar...

Linux /li'nuks/

Unix /yoo'niks/

(Pronounciations stolen graciously from http://www.dictionary.com [dictionary.com]

Re:"profiting from the success of " Linux/Unix (2, Insightful)

diersing (679767) | more than 10 years ago | (#8133955)

Valid point, but.....

The success of Linux has been based by an internet-sauvy grass roots movement that created a whole community of like minded people. I think its the concept more then the name that can be credited.

As far as profits, the commerical releases of SuSE, RedHat, Mandrake, etc all have names that aren't easily confused with UNIX (where Lindows does mimic a commerical rival and desktop market monolopy owner).

Re:"profiting from the success of " Linux/Unix (1)

RAMMS+EIN (578166) | more than 10 years ago | (#8133977)

``Could you argue that Linux profits from the success for Unix because it sounds similar?''

Yes.

However, the situation is such that this is not very likely to happen. UNIX is a trademark worn by several operating systems; more a description of a type of operating system than the name of a specific product. Linux is a UNIX-like operating system, and could even become UNIX certified at some point.

Re:"profiting from the success of " Linux/Unix (1, Interesting)

Anonymous Coward | more than 10 years ago | (#8134035)

It seems to me that Open Office [openoffice.org] is trading on the success of Microsoft Office.

This could get interesting.

Point of the judgement (5, Insightful)

Riddles (2787) | more than 10 years ago | (#8133845)

The whole point of the judgement is that the judge thinks that Microsoft has proven that Lindows chose the name Lindows because of its relation to Windows. And, since Windows is a registered trademark in the Netherlands, this is obviously an infringement. Remember, Windows in Dutch has no other meaning as it does in English; it is not a common word.

Nobody can really claim that they chose Lindows for any other reason than the similarity to Windows. They could have chosen a lot of other cool names as Xandros and others have done. They didn't and they made the choice realizing that they might get into legal trouble for doing so.

Re:Point of the judgement (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#8133885)

exactly..smartasses at lindows were probably hoping to get such publicity, cause, they knew what would come.

Re:Point of the judgement (0)

ReVeR5408 (723233) | more than 10 years ago | (#8133935)

But one could also argue the similarity of MikeRoweSoft to Microsoft as Lindows is to Windows... Mike Rowe must have known that his company sounds phonetically perfect to the software tyrant! But yet, he is seen as a hero to the Open Source community and Lindows is scrutinised! To repeat what others have said requires knowledge; to question it requires brains

Re:Point of the judgement (1)

eXtro (258933) | more than 10 years ago | (#8133984)

MikeRoweSoft didn't sell a competing operating system, competing office product or even a competing implementation of Minesweeper.

Re:Point of the judgement (0)

Anonymous Coward | more than 10 years ago | (#8133945)

In other news, Ford was told to stop selling trucks in the Netherlands because GMC has the registered trademark for the word. Ford representatives said that they would rename there product Ford GMCSucks.

Re:Point of the judgement (1)

Frogbert (589961) | more than 10 years ago | (#8133963)

Yeah shoulda just called it Doors.

yeah, so what? (3, Insightful)

twitter (104583) | more than 10 years ago | (#8134003)

Nobody can really claim that they chose Lindows for any other reason than the similarity to Windows.

Duh, it's Linux that acts like Windows, Lindows, what's wrong with that? No one is going to get confused are they? Lindows does not claim to be from Microsoft. They have claimed some interoperability and ease of use for a Windows user.

The name is just fine and the trend of monopolizing varients of names is a distrubing new piece of anti-comptitive stupidity. Take it to it's logical conclusion. Is there any name that anyone can use to imply something simply works like or with Windoze? Does IBM still own the names "PC", "personal computer" and "personal system"? No one can do anything if you get too stupid and complient.

Microsoft is proving that many governments are for sale.

They had it coming (4, Interesting)

Kieckerjan (38971) | more than 10 years ago | (#8133855)

Although I detest this verdict, I cannot say Lindows didn't have it coming. The name is a deliberate gamble. And when you gamble, you win some and you lose some. They won a lot free publicity all around the globe. Now they lost a case. Big deal. It's all in the game.

Takes a hit, eh? (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8133857)

Well, I guess it won't be going to them hash cafes no more...

"windows" is invalid (0, Redundant)

adam mcmaster (697132) | more than 10 years ago | (#8133862)

I guess this wouldn't matter so much if only someone would have Microsoft's trademark scrapped - 'windows' can be used to describe a common feature in pretty much all modern OS's.

Re:"windows" is invalid (1)

rokzy (687636) | more than 10 years ago | (#8133881)

"Windows" != "windows"

English["windows"] != BELENUX["windows"]

Re:"windows" is invalid (1)

maroberts (15852) | more than 10 years ago | (#8133957)

so if they sold themselves as "lindows" instead of "Lindows" they could still market?

Bzzt.

Re:"windows" is invalid (1)

rokzy (687636) | more than 10 years ago | (#8133971)

see point 2 of 2.

jeez, there were only 2 lines, where'd you manage to get lost? the white space in between?

Re:"windows" is invalid (1)

philbert26 (705644) | more than 10 years ago | (#8134045)

Yes, but the other OSes are not called Windows or anything similar. *nix has the X-Window system, but that's just a component of an OS distribution that you might want installed on your PC. No chance of confusing Windows XP with Mandrake 9.2. Likewise on Mac, it's not called Windows, though it has them (indeed, didn't they have them before Microsoft?).

Lindows sounds sufficiently similar to Windows to cause confusion, IMHO. Slashdot readers can easily figure out that it is not an MS product, because we know that the "Lin" means Linux and that Hell has not frozen over. But the judge has to consider the public as a whole.

It's a tough break for Lindows because they do actually seem to want to provde people with something that resembles MS Windows. I don't think this is illegal (or it shouldn't be) in itself but it comes with the burden of convincing people that their product is like Windows while making it clear that it is NOT Windows or MS endorsed.

The Netherlands??? (1, Funny)

emo boy (586277) | more than 10 years ago | (#8133865)

What are they gonna do if they keep selling Lindows there? Throw a wooden clog at them? I mean really...who throws a wooden shoe?

Another option could be to put Michael Robertson up on one of their windmills.

Re:The Netherlands??? (1)

Crypto Gnome (651401) | more than 10 years ago | (#8133892)

who throws a wooden shoe?

Saboteurs [reference.com] , perhaps?

Re:The Netherlands??? (1)

PatrickThomson (712694) | more than 10 years ago | (#8133925)

Nah, Austin powers. As far as I can remember, there's an evil henchman who throws shoes. "Ow! That really hurt! Who throws a shoe? I mean, come on! A shoe?"

Re:The Netherlands??? (5, Funny)

DerPflanz (525793) | more than 10 years ago | (#8133931)

Is it really this bad that you think we all walk around on wooden shoes and live in windmills? We haven't been doing that since the 90s !!

Re:The Netherlands??? (0)

Anonymous Coward | more than 10 years ago | (#8134030)

Doesn't sound that bad, what speed is the broadband connection?

Re:The Netherlands??? (2, Funny)

Anonymous Coward | more than 10 years ago | (#8134056)

That depends on how strong the wind is blowing.

Re:The Netherlands??? (0)

RAMMS+EIN (578166) | more than 10 years ago | (#8134128)

What are we gonna do? Nothing, obviously. Taking a hit in the Netherlands is nothing illegal.

I Agree (and put on asbestos underwear) (3, Insightful)

RAMMS+EIN (578166) | more than 10 years ago | (#8133867)

I am afraid that this is not going to be a very popular opinion on /., but I have to say I agree with the judge.

Lindows makes a product that is similar in name, appearance, and function to MicroSoft's. They have advertised it as an alternative to Windows. They are clearly out to get people to switch from Windows to LindowsOS by imitating MicroSoft's product. They are just asking for it.

By the way, it's a tried and true tactic:

1. Piss people off
2. Get publicity
3. PROFIT!!!

</rant>

Re:I Agree (and put on asbestos underwear) (1)

Crypto Gnome (651401) | more than 10 years ago | (#8133901)

Geez dude, get it right!
  1. Piss People Off
  2. Get Publicity
  3. ???
  4. Profit

Re:I Agree (and put on asbestos underwear) (1)

RAMMS+EIN (578166) | more than 10 years ago | (#8134013)

You seem to have missed the joke.

The point was exactly to _provide_ the mysterious second item, in a rather cynical way.

Re:I Agree (and put on asbestos underwear) (1)

pandrijeczko (588093) | more than 10 years ago | (#8133928)

I also agree with the judge's decision - or at least, don't consider his decision as being particularly important.

Michael Robertson seems to have set his first priority as gaining as much publicity from annoying Microsoft as much as possible rather than actually focusing his efforts on producing a better usable Linux distro for the masses.

I've not seen Lindows since about version 1 but I felt at the time that Mandrake was the best "easy-install" Linux there was and Mandrake has continued to get easier and easier to install. (Not that I prefer it to Gentoo but that's another story.)

Linux existed before Robertson and Lindows came along and will continue after they're both long gone.

So it's a Desktop World War, Sun + Lindows vs MSFT (0)

Anonymous Coward | more than 10 years ago | (#8133878)

LinuxWorld hits the nail on the head when linking [linuxworld.com] this morning's disturbing victory with an eerily appropriate statement [com.com] by Sun's Java guru James Gosling this week about how Sun's own competition with Microsoft is "a life-and-death kind of struggle." Gosling's point was that "if [Microsoft] succeed, the whole ecosystem that the rest of the industry feeds off goes away." Lindows' Michael Robertson clearly views the situation identically, saying [yahoo.com] : "The ruling will deny the Netherlands the cost- savings that desktop Linux currently offers to approximately 18 million people worldwide, leaving vulnerable and expensive Microsoft software as the only option for computer consumers in the Netherlands."

Re:So it's a Desktop World War, Sun + Lindows vs M (1)

jg21 (677801) | more than 10 years ago | (#8134071)

anyone know whether that "18 million" no. is accurate?...if so it would be interesting to know how it breaks down

Make it Lindos (4, Insightful)

Tuqui (96668) | more than 10 years ago | (#8133882)

change the name to Lindos or LindOS, in spanish it means samething like pretty

Re:Make it Lindos (0)

Anonymous Coward | more than 10 years ago | (#8133948)

according to the fish [altavista.com] it does. I think that is a great idea, and they should hurry up and trademark it in the low countries.

Re:Make it Lindos (1)

xlyz (695304) | more than 10 years ago | (#8134032)


change the name to Lindos or LindOS

and in many countries pronunciation is quite the same that lindows

Likelihood of Confusion is Clear (3, Informative)

werdna (39029) | more than 10 years ago | (#8133889)

The Judge's ruling regarding Lindows' free-riding is clear. In the United States, where the standard is likelihood of confusion, that element is really a slam-dunk. Virtually identically spelled, identically sounding names for the same class of product, and designed, in large part, to provide a substitute for the original product. Slam-dunk.

Where Lindows has had excellent success in the US, and more power for them for taking on this monster to do this, is by arguing that the term "Windows" is generic for a GUI-based operating system. If they win, Microsoft loses huge, just huge. Now only would Lindows be allowed to continue, but Microsoft would lose the Windows trademark as against anyone else.

Windows generic (2, Interesting)

RAMMS+EIN (578166) | more than 10 years ago | (#8134072)

``arguing that the term "Windows" is generic for a GUI-based operating system''

I think this makes a lot of sense. Windows is a regular English word, and therefore there is a good argument against it being trademarkable. If it were an acronym, there would be a point, but as it stands, I think the trademark should be invalidated, at least in English-speaking countries.

Nominally Similar (4, Funny)

Ray Radlein (711289) | more than 10 years ago | (#8133897)

In other news, the judge also ruled that "SCO" was too much like "Scum," and ordered them to clean up their act.

Next in line (1, Funny)

nutznboltz (473437) | more than 10 years ago | (#8133920)

Next MS will sue Johnson over "Windex" and General Mills over "Cheerios" for sounding too much like "Windows"

+1:Funny - but wrong (1)

maroberts (15852) | more than 10 years ago | (#8133942)

Trademarks are generally restricted to a specific field, so Microsoft will only be a good trademark claim for Windows with anything to do with computers and computer programs.

Mike Rowe was unfortunate in that Microsoft make a web design package (Windows FrontPage) and therefore his web design service infringed on Microsofts trademark.

WHy not in the US? (1)

Crypto Gnome (651401) | more than 10 years ago | (#8133937)

What ever became of

"We are The Nation
That Lives by Litigation
"

Why did this case and ruling not happen in the good old US of A?

(not that I like the result, I'm just confused why they beat US to it)

been there, done that (1)

xlyz (695304) | more than 10 years ago | (#8134082)


here [slashdot.org] it is

next?

[bzzzzzz]

NoDoze to sue M$ (0)

Anonymous Coward | more than 10 years ago | (#8133950)

In other news,

Makers of NoDoze are filing suit agains microsoft for defamation of name.

Said a NoDoze spoksman:

"Our product is designed to keep you running, which is contrary to the general operation of Windoze."

Microsoft refused to comment.

Taking a hit in the Netherlands? (1)

TrollBridge (550878) | more than 10 years ago | (#8133952)

Gahd, I know I'm going to get modded down for this one, bud did anyone else notice the irony of this articles's headline?

Re:Taking a hit in the Netherlands? (1)

Crypto Gnome (651401) | more than 10 years ago | (#8134000)

Oddly enough, entirely appropriate for the entire Open Source Movement.

Take a hit, then pass it on. Man that's good shit.

Well, frankly it is copyright infringement (1)

andih8u (639841) | more than 10 years ago | (#8133968)

If I went out and started a car company and called it Dord, I would expect to see some legal action headed my way. There's no arguing that they aren't trying to get people to associate their product with Windows, even though its not.

Seems to me... (4, Insightful)

Reteo Varala (743) | more than 10 years ago | (#8133979)

Seems to me that Lindows chose that name specifically to leech off of Microsoft's mindshare. Let's face it, can you give me another reason that would explain that choice in names?

Add to this that the distribution acts a little too dangerously like Windows (complete with the default-administrator-user access), and I can't really say that Microsoft isn't justified in it's attacks on this company.

I work in software retail, and one thing I notice is the number of people who are under the mistaken impression that Lindows is Windows. Add to that the number of people who think it's binary compatibility is perfect (it'll run all their old windows apps). I've yet to see Wine reach that level of accuracy.

I will generally ward people away from this distribution, and point to the green or blue SuSE boxes on the shelf nearby; that's just as easy, and much more secure. (I used to point to the Redhat boxes, but since the personal version has been discontinued, it's more cost-effective for customers to buy SuSE)

Taking a hit in the Netherlands? (2, Funny)

duren686 (463275) | more than 10 years ago | (#8133998)

I hear there are cafes there where you do just that.

Why is everybody so upset by this? (3, Interesting)

Monkey Overlord (746151) | more than 10 years ago | (#8134025)

Why is everybody so upset by this? The fact that Microsoft is evil, does not mean they are wrong going after Lindows.
Lindows tries to emulate MS Windows' look, functionality and even the name. What's worse is that it is not doing any of those things very well either.
I don't see why Lindows is even out there. What purpose does it serve? Are they trying to confuse people to switch to Linux? I can see how something like that could happen to some Joe-Sixpack who goes to a store sees Lindows OS v.XX on the shelves and thinks it the new version of XP. Also, I can see why someone would want to emulate Windows API to run applications ... makes sense considering that a lot of software is not available for Linux. But the look and the name just don't make sense. If the GUI is the user's problem, he/she should not be using Linix anyways. Jesus, if you are too stupid to figure out which one is the "close window" button in KDE because you are so used to Windows ... you are too dumb, don't reproduce, pick up smoking and drinking and use MS Windows for the rest of your natural life.

Lindows is still around?? (1, Interesting)

dkode (517172) | more than 10 years ago | (#8134026)

I was never really a fan of lindows mainly due to the fact that when it was originally starting to surface, Michael said that it would support the whole microsoft office suite as well as run ANY microsoft program

It seems like he used those comments just to generate publicity. Once again it seems like he has generated publicity.

Oh well...hand me my Debian cd.

Precedence (1)

NoGuffCheck (746638) | more than 10 years ago | (#8134065)

I guess google will be instegating action in the benelux courtrooms against booble..

In other news... (0)

Anonymous Coward | more than 10 years ago | (#8134069)

Dutch Judge Sj. Rullmann buys a small Carribean Island and retires.

1. Hear Microsoft lawsuit
2. ??
3. Profit!
4. Retire

Is that what they call it now? (2, Funny)

SamSim (630795) | more than 10 years ago | (#8134119)

Mental image of somebody punching Linux. "Oooh! Right in the Netherlands!"
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