Welcome!

Linux Containers Authors: Liz McMillan, Vaibhaw Pandey, Elizabeth White, Pat Romanski, Yeshim Deniz

Related Topics: Linux Containers

Linux Containers: Article

"Microsoft is Using Lawsuits as a Battering Ram to Smash Linux," Says Robertson

"Microsoft is Using Lawsuits as a Battering Ram to Smash Linux," Says Robertson

In the Stockholm City Court, in the Swedish capital, a magistrate yesterday issued a restraining order under the terms of which Lindows.com must cease distributing Lindows in Sweded.

The case was handled in the absence of the parties, and Ulrika Carlehall, the magistrate, basically agreed to the claim raised by Microsoft against Lindows.com for trademark infringement and to its request that the city court prohibit Lindows.com from using the marks LINDOWS, LINDOWS.COM and LINDOWS.OS "as marks for products or services regarding operative systems" - under a penalty of three million Swedish kroner ($400,000).

Microsoft had proposed that the penalty be five million.

San Diego, CA-based Lindows.com confirmed that CEO MIchael Robertson would be in Stockholm today all day until 1:00 PM and that those interested in speaking with him could register to do so.  Microsoft has requested that the city court immediately "and without Lindows.com being given the opportunity of a prior statement" issue a decree in accordance with the claim. In doing so, the city court declared as follows:

Microsoft has shown probable reasons for the alleged infringement. It may reasonably be expected that Lindows will continue the infringement and diminish the value of the sole right to the marks. A delay would imply a risk for damage. On these grounds an injunction shall be issued immediately.

Robertson in turn issued the following statement:

"Microsoft is using lawsuits as a battering ram to smash Linux, to prevent it from reaching retail stores. We're hopeful that the Judge will see Microsoft's true intentions are to sustain their monopoly and will grant Swedish computer users the same choices that global computer users are benefiting from. Microsoft tried this identical legal maneuver in the U.S., attempting to block the growth of Linux with mainstream computer users. The U.S. Courts denied their request multiple times and today more than 100 retailers sell Linux desktop and laptop computers, forcing Microsoft to compete in the United States for the first time in many years, giving consumers more choices and better prices."

More Stories By Linux News Desk

SYS-CON's Linux News Desk gathers stories, analysis, and information from around the Linux world and synthesizes them into an easy to digest format for IT/IS managers and other business decision-makers.

Comments (26) View Comments

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


Most Recent Comments
mathe 04/10/04 04:21:58 PM EDT

Your site looks great! Best of luck to you.

mathe 04/10/04 04:21:52 PM EDT

Your site looks great! Best of luck to you.

N.Franke 01/03/04 07:22:55 PM EST

Look at the bright side. Every time you try to restrict something you just make it more popular. Cheers to "LINDOWS"

bigdan 01/02/04 04:44:12 PM EST

Just a second thought.... windows are things you look through and have been around longer than me - an I'm OLD!

bigdan 01/02/04 04:40:42 PM EST

Hmmm.... well, y'know, Europe always was a place for stopping any external imports to the EC - everyone knows that.. it's no surprise about Sweden or any of the others out there (watch out for Brussels and the UK) cos they are full of sh*t and run a cool protectionism setup... right?

Jaco 12/29/03 12:53:34 PM EST

Wasn't the unix X-Windows GUI existing long before MS-Windows came along?

Enrique Santander 12/25/03 12:03:44 PM EST

Microsucks ooopppsss!!!! :-) I meant to say Microsoft leave LINDOWS alone. LINDOWS is a great competition for Microsucks ooopppsss once again :-) and they know it.

Brent 12/21/03 10:18:29 PM EST

lillehenke explanation sounds reasonable on the surface but if taken to it's extreme any non Swedish word could be trademarked in Sweden to the detriment of any imported product. Seiss chocolat would disappear from the pantry shelves under the threat of a $400,000 fine,

Holachten has it right, close the (MS)Window and turn on the Lindows machine, You will find it's a lot cooler inside when you do. That's what I did and the feeling of freedom is great.

James Mandrake 9.2 user 12/16/03 04:53:05 PM EST

Holachten brings up a good point this tactic might very well begin to hurt Microsoft and yet one wonders why Linux companies like Red Hat or even Lindows for that matter don't advertise on televesion like Microsoft and if they did would MS sue over that as well?

Holachten 12/16/03 12:08:42 PM EST

This us nothing about justice but about another bully boy corporation using their massive fiancial clout in an attempt to stiffle any competition by forcing them into lengthy and expensive litigation.
Success in the courts is rarely about justice but for the litigant with the deepest pockets.
MS is engaging in a war of attrician. I dont like their tactics their ethics (I dont think they have any). I dont like bullies and more to the point I have allways made a point of standing up to bullies.
LindowsOS only came to my notice as a result of the press coverage of this particular case.
I have purchased it am delighted with it and am dispensing with all the MS products I own just as fast as I can.
So bully boy maybe your litigation will end up shooting you in the foot. News travels, and more litigation will mean more and more people will get to hear of an alternative that doesnt want to stiffle competition.

lillehenke 12/14/03 10:59:37 PM EST

After reading some swedish debate about this (in swedish) I figured I could summorize how this crap came to happen for you non swedish readers.

Since the word 'Windows' doesn't mean anything in swedish, it could be registered as a trademark in Sweden, just like the swedish word 'fönster' could be registered in the US, but not in Sweden. 'Windows' was approved as a trademark in sweden in 1995, after it had been established in peoples everyday vocabulary as primarily meaning 'that OS M$ makes'. I think 'Microsft Windows' is the closest thing to 'Windows' that MS has registered in the US.

The word 'Lindows' is clearly quite different from the phrase 'Microsoft Windows', but the words 'Lindows' and 'Windows' would be very similar if they had both been made up, or in a foreign language. (Compare 'Fönster' and 'Hönster', only first char of 7 differs, neither means anything in english.)

All this still doesn't mean that the court decition is unquestanable. Most swedes know english well enought to know what the word 'windows' really means. The probability that someone would confuse a made up word with a common word from a language they have learned in school since they were about 10 years old, and hear every day from TV-shows, movies, popular music etc. is about as big as a year passing without a new W32 email worm showing up.

Ryan 12/14/03 01:47:18 AM EST

I think all the Window manufacturers of the World should sue M$. They've been using the word for YEARS AND YEARS, etc.... before microsoft got a hold of it. And I don't know how many times I've been talking about real windows and someone got it mixed up with M$ Windows.

Not to mention. I'm Canadian so NOT too sure about US Law this but trademarks can't be based on Common words..... Even if that's not the case. It should be. How long before someone trademarks I or pot. Maybe I should do that? Trademark some word and only charge M$ for using it:)

Cesare 12/12/03 09:09:09 PM EST

Even my dog knows that windows are things to see through,
he's sitting and watching what's happening outside everyday!

James Mandrake 9.2 user 12/12/03 07:00:44 PM EST

Amen Christopher

Tony d'aNDREA 12/12/03 06:49:12 PM EST

I use Microsoft, Apple, and Linux the Lindows version to be more direct. I see Apple's Mac OS X and Linux (any version) better operating systems then Microsoft. With Mac and Linux I don't have the system crashes, the viruses, or the headaches that Microsoft causes to me or the people I support everyday. IMO, if Microsoft would put more time in developing a better OS without the "Bugs" they would not have a problem with other operating systems taking their markets. Just a thought...

Christopher 12/12/03 05:39:24 PM EST

As a Mac guy, I fully understand existing in a world of corporate bullies. One which includes the giant 'Fat Bastard' Microsoft. On the surface, I believe Michael Robertson's statement of 'choice' to be morally and ethically sound. And I believe he really means it. What I don't understand is why certain judicial officials are SO f*cking blind as to see the truth and the stupidity of it all!

If the word 'windows' can be register trademarked, then I suppose 'roofs' could be too. Nope. It can't. Can 'Doors'? (Waddayasay, Jim)

The word 'Lindow' is not a 'window', nor does it appear in the Oxford dictionary, as window does. The word 'Lindows' is NOT the same as 'Windows', so what does this a-hole Swedish magistrate not get? The English language? Or is he on the 'take' from Fat Bastard?

Mac had their OS nicked while Fat Bastard was SUPPOSED to be creating an Office suite for them. The courts thought that was fair. Theft is now legal. Fat Bastard countered that Apple just 'broke in the house first ', yet Apple proved to the courts they PAID for the privilege for Xerox to 'open the kimono'. The courts ruled in FAVOUR of Fat Bastard.

OK. Black is white, right is wrong, lying is the truth . . . people -- we got a VERY serious 'Nineteen Eighty-Four' Orwellian-type issue here.

I seriously hope Micheal Robertson is bestowed with a modern-day miracle and is cleared of this abject stupidity. Then he can, indeed, carry on and offer his brand of much needed choice, as he sees fit. As far as I see it, (as a Mac guy as well), I personally believe we all can benefit from variations of the Linux OS to help provide a very healthy choice in this otherwise unfairly dominated monopoly of Fat Bastard's.

Greg 12/12/03 12:02:43 PM EST

Lindows only have to change their name to avoid all this agravation from MS. May I suggest ..... Winux ;o)

John B 12/12/03 10:42:49 AM EST

My five year old nephew not only knows theres a difference between Lindows and Windows but has demonstrated that he can identify each repeatedly... No consumer confusion there.

I think consumer confusion is spending hours reading manuals, listening to lackie tech support, following to the letter 10 different procedures to make a product work as advertised, only to be told, wait till the next patch comes out, then it will work, or worse stop leaking your sensitive data to the world.
Open Source = Open Mind

Paul Cooke 12/12/03 02:48:35 AM EST

So when are they going to go after OpenOffice.org for having "Office" in the name.. surely by their tortious logic it can be considered to be trademark infringement...

Phill Rogers 12/11/03 03:28:11 PM EST

It's been goning down hill since some moron let MS register "Where do you want to go ... (something)".
MS's product is named after a standard feature of graphical environments. I think is was Xerox Parc who first coined the acronym WIPM - Windows-Icons-Mouse-Pointer in the 70's.
So IMHO MS have less right to the word "Windows" than Lindows have to a new word which they invented.

Da Burt Man 12/11/03 01:02:57 PM EST

MegaShaft Needs to go After Bi-Glass next I guess.

They sell WINDOWS (double pane that is!)

John Robertson 12/11/03 12:52:32 PM EST

In related news, Microsoft has filed an injuction to halt the sale of the Ford Explorer sport utility vechicle, claiming that it infringes on their "Internet Explorer" trademark.

Microsoft told the judge that research had show that their customers were unable to distinguish between the two products.

Greg T. 12/11/03 12:00:46 PM EST

I for one can tell the difference between LINDOW and WINDOWS! Is Microsoft unable to read? Do they think we are morons or some such thing? Microsoft is just the eight hundred pound canary trying to eat the software world it dose not control.

Hans 12/11/03 11:44:02 AM EST

This is insane! How can they grant a preliminary injunction without even having spoken to Lindows???

This is why I'm glad I live in the good ol' USofA. Our system may be slow, but at least it let's BOTH sides have a say before passing judgement.

This is like the Wolf (MS) telling the Farmer (Judge) that the Hens (Lindows) are up to no good and to look the other way.

Hans

Becca L. 12/11/03 11:14:51 AM EST

Does Sweden have similar anti-monopoly laws to the US?

James Mandrake 9.2 user 12/11/03 10:41:26 AM EST

ok when did Microsoft buy the Swedish government?

@ThingsExpo Stories
"Akvelon is a software development company and we also provide consultancy services to folks who are looking to scale or accelerate their engineering roadmaps," explained Jeremiah Mothersell, Marketing Manager at Akvelon, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
In his session at 21st Cloud Expo, Carl J. Levine, Senior Technical Evangelist for NS1, will objectively discuss how DNS is used to solve Digital Transformation challenges in large SaaS applications, CDNs, AdTech platforms, and other demanding use cases. Carl J. Levine is the Senior Technical Evangelist for NS1. A veteran of the Internet Infrastructure space, he has over a decade of experience with startups, networking protocols and Internet infrastructure, combined with the unique ability to it...
"Space Monkey by Vivent Smart Home is a product that is a distributed cloud-based edge storage network. Vivent Smart Home, our parent company, is a smart home provider that places a lot of hard drives across homes in North America," explained JT Olds, Director of Engineering, and Brandon Crowfeather, Product Manager, at Vivint Smart Home, in this SYS-CON.tv interview at @ThingsExpo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
Gemini is Yahoo’s native and search advertising platform. To ensure the quality of a complex distributed system that spans multiple products and components and across various desktop websites and mobile app and web experiences – both Yahoo owned and operated and third-party syndication (supply), with complex interaction with more than a billion users and numerous advertisers globally (demand) – it becomes imperative to automate a set of end-to-end tests 24x7 to detect bugs and regression. In th...
"IBM is really all in on blockchain. We take a look at sort of the history of blockchain ledger technologies. It started out with bitcoin, Ethereum, and IBM evaluated these particular blockchain technologies and found they were anonymous and permissionless and that many companies were looking for permissioned blockchain," stated René Bostic, Technical VP of the IBM Cloud Unit in North America, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Conventi...
Large industrial manufacturing organizations are adopting the agile principles of cloud software companies. The industrial manufacturing development process has not scaled over time. Now that design CAD teams are geographically distributed, centralizing their work is key. With large multi-gigabyte projects, outdated tools have stifled industrial team agility, time-to-market milestones, and impacted P&L stakeholders.
"Cloud Academy is an enterprise training platform for the cloud, specifically public clouds. We offer guided learning experiences on AWS, Azure, Google Cloud and all the surrounding methodologies and technologies that you need to know and your teams need to know in order to leverage the full benefits of the cloud," explained Alex Brower, VP of Marketing at Cloud Academy, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clar...
Widespread fragmentation is stalling the growth of the IIoT and making it difficult for partners to work together. The number of software platforms, apps, hardware and connectivity standards is creating paralysis among businesses that are afraid of being locked into a solution. EdgeX Foundry is unifying the community around a common IoT edge framework and an ecosystem of interoperable components.
"MobiDev is a software development company and we do complex, custom software development for everybody from entrepreneurs to large enterprises," explained Alan Winters, U.S. Head of Business Development at MobiDev, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
Coca-Cola’s Google powered digital signage system lays the groundwork for a more valuable connection between Coke and its customers. Digital signs pair software with high-resolution displays so that a message can be changed instantly based on what the operator wants to communicate or sell. In their Day 3 Keynote at 21st Cloud Expo, Greg Chambers, Global Group Director, Digital Innovation, Coca-Cola, and Vidya Nagarajan, a Senior Product Manager at Google, discussed how from store operations and ...
"There's plenty of bandwidth out there but it's never in the right place. So what Cedexis does is uses data to work out the best pathways to get data from the origin to the person who wants to get it," explained Simon Jones, Evangelist and Head of Marketing at Cedexis, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
SYS-CON Events announced today that CrowdReviews.com has been named “Media Sponsor” of SYS-CON's 22nd International Cloud Expo, which will take place on June 5–7, 2018, at the Javits Center in New York City, NY. CrowdReviews.com is a transparent online platform for determining which products and services are the best based on the opinion of the crowd. The crowd consists of Internet users that have experienced products and services first-hand and have an interest in letting other potential buye...
SYS-CON Events announced today that Telecom Reseller has been named “Media Sponsor” of SYS-CON's 22nd International Cloud Expo, which will take place on June 5-7, 2018, at the Javits Center in New York, NY. Telecom Reseller reports on Unified Communications, UCaaS, BPaaS for enterprise and SMBs. They report extensively on both customer premises based solutions such as IP-PBX as well as cloud based and hosted platforms.
It is of utmost importance for the future success of WebRTC to ensure that interoperability is operational between web browsers and any WebRTC-compliant client. To be guaranteed as operational and effective, interoperability must be tested extensively by establishing WebRTC data and media connections between different web browsers running on different devices and operating systems. In his session at WebRTC Summit at @ThingsExpo, Dr. Alex Gouaillard, CEO and Founder of CoSMo Software, presented ...
WebRTC is great technology to build your own communication tools. It will be even more exciting experience it with advanced devices, such as a 360 Camera, 360 microphone, and a depth sensor camera. In his session at @ThingsExpo, Masashi Ganeko, a manager at INFOCOM Corporation, introduced two experimental projects from his team and what they learned from them. "Shotoku Tamago" uses the robot audition software HARK to track speakers in 360 video of a remote party. "Virtual Teleport" uses a multip...
A strange thing is happening along the way to the Internet of Things, namely far too many devices to work with and manage. It has become clear that we'll need much higher efficiency user experiences that can allow us to more easily and scalably work with the thousands of devices that will soon be in each of our lives. Enter the conversational interface revolution, combining bots we can literally talk with, gesture to, and even direct with our thoughts, with embedded artificial intelligence, whic...
SYS-CON Events announced today that Evatronix will exhibit at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Evatronix SA offers comprehensive solutions in the design and implementation of electronic systems, in CAD / CAM deployment, and also is a designer and manufacturer of advanced 3D scanners for professional applications.
Leading companies, from the Global Fortune 500 to the smallest companies, are adopting hybrid cloud as the path to business advantage. Hybrid cloud depends on cloud services and on-premises infrastructure working in unison. Successful implementations require new levels of data mobility, enabled by an automated and seamless flow across on-premises and cloud resources. In his general session at 21st Cloud Expo, Greg Tevis, an IBM Storage Software Technical Strategist and Customer Solution Architec...
To get the most out of their data, successful companies are not focusing on queries and data lakes, they are actively integrating analytics into their operations with a data-first application development approach. Real-time adjustments to improve revenues, reduce costs, or mitigate risk rely on applications that minimize latency on a variety of data sources. In his session at @BigDataExpo, Jack Norris, Senior Vice President, Data and Applications at MapR Technologies, reviewed best practices to ...
An increasing number of companies are creating products that combine data with analytical capabilities. Running interactive queries on Big Data requires complex architectures to store and query data effectively, typically involving data streams, an choosing efficient file format/database and multiple independent systems that are tied together through custom-engineered pipelines. In his session at @BigDataExpo at @ThingsExpo, Tomer Levi, a senior software engineer at Intel’s Advanced Analytics gr...