| By Linux News Desk | Article Rating: |
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| March 13, 2004 12:00 AM EST | Reads: |
20,978 |
"Microsoft's actions," Robertson continues, "demonstrate this has nothing to do with protecting their Dutch trademark or confusion in the marketplace, but is simply an attempt to put us out of business."
He is referring to papers just filed against Lindows Inc. in the Netherlands by Microsoft Corporation asking the court to fine Lindows 100,000 euros per day for permitting its Web site to be reachable by visitors from the Benelux countries (Netherlands, Belgium and Luxembourg).
"Since visitors to our website come from international ISPs, proxy servers, anonymizers and other methods," Robertson points out, exasperated, "it is impossible for us to comply with such a broad order to block all visitors from Benelux, and Microsoft knows this."
The company's release adds:
Twice, Microsoft has asked US courts to shutdown the Lindows.com website and both times those requests were rejected (www.lindows.com/doublewin). Since then, Microsoft has asked courts in Finland and Sweden to demand that the company block access to Lindows.com. In both instances, those requests were also denied. Microsoft then filed a lawsuit in the Netherlands asking yet again to block access. This time their request was granted to make Lindows "inaccessible to visitors from Belgium, Netherlands and Luxembourg."
"Microsoft has been unsuccessful for two years in the U.S. and is now delaying that pending trial with appeals while they shop around the world for a court willing to enter a favorable ruling," adds Robertson. "Their software monopoly gives them a virtually limitless legal budget to launch these endless legal attacks and this is another example of Microsoft's orchestrated attempt to slow the adoption of Linux."
Lindows has implemented a complete withdrawal from the Benelux market pending an appeal of the original order, Robertson notes.
A hearing date for this new action has been set for March 30th, 2004 at 1:30pm.
Published March 13, 2004 Reads 20,978
Copyright © 2004 SYS-CON Media, Inc. — All Rights Reserved.
Syndicated stories and blog feeds, all rights reserved by the author.
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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.
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Terrell Prude, Jr. 03/15/04 01:56:44 PM EST | |||
For all of you who want to dog Michael Robertson, tell us what *YOU* are doing to ensure justice in this fight. Are you writing or buying Free Software? Are you filing suits against the likes of Microsoft (when you can) as they overstep their boundaries? Are you writing letters to the DoJ, your Congressman, and the Bush Administration for letting MS off with a slap on the pinky? WHAT ARE *YOU* DOING ABOUT THIS? You already have the right to criticize Michael Robertson. When you can sufficiently answer the above questions--intelligently--then you also have the ethical and moral authority to criticize him. Until you get that authority, do some homework. Robertson is, in my opinion, doing a Very Good Thing, and I am proud to support him in his efforts by purchasing a copy of LindowsOS. If I never used it (which I do--I find that I like it), it would still be worth it for what he's doing. As for those who want to say, "oh, this distro's better than that distro," that may or may not be the case; it depends on what you like or need for what you do. However, that's not the point of this article. You may wish to re-read it. --TP |
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Robert 03/14/04 11:24:56 AM EST | |||
To all of you who want to be critical of Michael Robertson, please look at the fact that over a million of us out there in the computer world are not gurus, and we wanted a Linux application that would work out of the box. Lindows 4.0 and 4.5 both did that....and I'm now using it on 3 computers, 3 desktops and 1 laptop that used to run Windows 98 and Windows ME. We all know that Microsoft is the bully of the IT industry, and they fight every possible fight with their billions of dollars, but don't criticize Lindows without knowing the facts. |
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Jason 03/13/04 09:03:32 PM EST | |||
Both sides i believe are doing what they must. MS as a large company must defend itself at the top of the mountain, from that view point you can see up and coming threats or competition. Its the old rule stomp them out when there young, this is commen practice in all levels of society. Im an utopian where there is a level ground and all men have an Equal chance, without the someone trying to push you down, but this is not the case! Does anybody remember MS-Dos or Dr-Dos, Explorer or PC-tools, IE or Netscape, Drivespace or Stacker, all these are examples of who won the battle in the end. So today i say let Lindows fight and if they've got it in them they will survive, who knows if they win and become King of the Mountain will they be any different in the long term, defending there ground or will they let people compete with them without hindering them, I wonder ? |
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tom 03/13/04 07:20:11 PM EST | |||
If you want an OS that surpasses Lindows and is far more stable and virus-free than Microsoft Windows, SuSE Linux 9.0 is the way to go. |
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Doug Robinson 03/13/04 03:49:27 PM EST | |||
Well if Robertson has to pay for the Europeams looking at his website, Then Mr. Gates perhaps has to pay the Germans for looking at his SCO website eh? After all turnabout is fair play. |
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Richard L. 03/13/04 12:37:52 PM EST | |||
Regardless Mr. Robertsons bravado the fact is he can't win. If he had any sense he'd backpedal as fast as possible and rename his company and product line. |
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Paul 03/13/04 11:27:40 AM EST | |||
Just a comment to Sycraft-f: You said that Lindows was crap, I am a liitle confused, because you havent backed up your fact. I use Lindows 4.5 for Lap Top and 4.5 for Desktop and it wins over MS for me. It also does a lot of other things that other Linux OS dont do. It configured my video and sound right from the word go and I havent had to tweek any settings at all. Lindows has provided me with subsidised commercial software (Star Office 7 for $29) and it gave KDE.org bandwith and server space when the project was running out of money. It has also given recognition and hard cash to other linux projects. This I have yet to see from MS or other Linus distros. So good luck to Lindows and its ability to give show some spine when other just bury there head in the sand But I do admit that everyone is entitled to there own opinion. And this is mine |
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Phil 03/13/04 10:13:57 AM EST | |||
I've seen ads for Anderson Windows and Pella Windows. These companies 35% better efficiency than oridnary windows and have easy-clean features. They even have features like screens to keep out bugs and according to the salesman they will block spam provided "it isn't still in the can and isn't thrown too hard." Does anyone know the "R Factor" rating for Microsoft Windows? |
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Hans 03/13/04 10:10:20 AM EST | |||
Seems to me that Robertson is the only one with the balls to take on Microsoft when they overstep their power. No other company in the world would be allowed to trademark a generic word, except for Microsoft. Kudos to Lindows for standing up to MS. |
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nine_jaguar 03/13/04 07:03:01 AM EST | |||
Then, all Lindows would have to do is claim association with the X Window System by dropping the 's' in Lindows to be safe as Lindow. They could even keep it LindowS short for Linux Window System. |
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jusdisgi 03/13/04 07:01:56 AM EST | |||
You can't dilute a trademark that doesn't exist. Microsoft has forever been unable to acquire trademark on the term "Windows"...it only has "Microsoft Windows." This had a lot to do with everyone in the world already calling the behavior Windows displays as "Windows" before MS ever arrived on the scene. And partly because of the pre-existing trademark on "X Window System" as well. So...if the courts a)wouldn't give MS trademark rights (ie rights to sue people for use of) on "Windows" and b) allowed the co-existence of a trademark on "X Window System" it stands to reason that they have rubber-stamped naming software "Windows" ...I could call my Linux distribution "Linux Windows" if I wanted. It's already been hashed out. Which is why the case was quickly thrown out around here. Now...as to why it has been so successful elsewhere? I'm confused.... |
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Sycraft-f 03/13/04 07:00:28 AM EST | |||
I really have to agree with MS here. Lindows delibreatly and admittedly chose a name close to Windows to try and pump themselves up. They spewed propaganda about being a Windows replacement, Windows compatible and so on. This shows clear intent to try and confuse consumers and make money off the Windows trademark, which isn't allowed. This is for good reason too. You don't want crappy companies (and let's face it, Lindows is crap, it's at the bottom of my list of distros) trying to pass off their stuff as being from, or the same as, good companies. I don't want to go buy a mixer that appears to be a Mackie only to find out it's a Mackee which falls apart out of the box. There is also an assumption in the US but ESPICALLY in Europe that there be truth in advertising. Consumers shouldn't be required to do tons of research to make sure they get what they think they are, products should be represented truly and accuratly. Part of that means that different brands be easy to tell apart. I like having GeForce and Radeon graphics cards, easy to tell what card a person is talking about when they say something about them. I'd hate it is they were GeForce and G-Force cards. Even for a geek it would be somewhat difficult to keep straight what is what witha given acard and it would be impossible for a normal user. |
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lucius 03/13/04 06:58:59 AM EST | |||
Funny, to me the name Lindows implies that it runs X-Windows, which, to my relief, it does! "Windows" is a generic term in the software industry, and WAS generic before Microsoft named its OS. Microsoft brought this on themselves by being unoriginal. Next stop: Microsoft sues Corel for WordPerfect, because the name implies 100% Word-compatibility! |
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Rosyna 03/13/04 06:58:01 AM EST | |||
I hate MS, but I hate what Michael Robertson is doing more. Lindows, the name, implies 100% compatibility with Windows programs. Therefore, it does dilute the windows trademark. Even worse, it doesn't deliver on that compatibility because of a previous lawsuit MS filed. |
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