Xref: utzoo news.admin:10582 comp.unix.internals:224
Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!uunet!mcsun!tuvie!iiasa!wnp
From: wnp@iiasa.AT (wolf paul)
Newsgroups: news.admin,comp.unix.internals
Subject: Re: About the comp.unix.internals fluster
Message-ID: <893@iiasa.UUCP>
Date: 12 Sep 90 07:23:41 GMT
References: <15489@drilex.UUCP>
Reply-To: wnp@iiasa.UUCP (wolf paul)
Organization: IIASA, Laxenburg/Vienna, Austria, Europe
Lines: 34

In article <15489@drilex.UUCP> dricejb@drilex.UUCP (Craig Jackson drilex1) writes:
>Use of Unix as a noun is an encroachment on AT&T's trademark, to which 
>they are legally obliged to object in order to retain their trademark.
>(Trademarks can only be adjectives.  If a trademark becomes a noun, it
>becomes the common name for something, rather than a word which distinguishes
>a particular variety from the general case.)
>
>Look around in the manuals--at least as far as the lawyers have read, it
>will always be written as the Unix operating system.

Of course one can debate whether "unix" in a newsgroup name is a noun
or an adjective; but the real issue is that trademark protection does
not refer to private conversation, and as long as USENET is "an anarchy", 
it is just a bunch of private individuals discussing subjects they are
interested in, and using any vocabulary they wish in doing so.

I cannot see a judge issuing a restraining order against the term
"jello" used in private conversation (even in a public place) to refer to
any and all gelatine desserts, whether of brand "Jell-O" or not;
likewise I cannot see anyone taking serious legal action against the
use of the term UNIX in any way in the context of USENET.

Mark Williams Co., and Prentice Hall cannot refer to their respective
Operating System products as "UNIX v7", but no-one can stop anyone of us
taking part in private discussion (even in a public forum like the
NET) from referring to Coherent or MINIX as "basically Unix V7 for the PC."
Unlike Copyright Law, which also refers to private copying, Trademark
protection only protects the use of a term as a trademark, not as a word
in private conversation.
-- 
Wolf N. Paul, IIASA, A - 2361 Laxenburg, Austria, Europe
PHONE: +43-2236-71521-465     FAX: +43-2236-71313      UUCP: uunet!iiasa.at!wnp
INTERNET: wnp%iiasa.at@uunet.uu.net      BITNET: tuvie!iiasa!wnp@awiuni01.BITNET
       * * * * Kurt Waldheim for President (of Mars, of course!) * * * *