[CentOS] Re: Linux Trademarked?

Tue Aug 23 23:27:27 UTC 2005
Mike McCarty <mike.mccarty at sbcglobal.net>

Lamar Owen wrote:
> On Tuesday 23 August 2005 17:57, Mike McCarty wrote:
> 
>>Bryan J. Smith wrote:
>>
>>>Read your GPL more closely.  GPL requires the software be
>>>functional without additional requirements.  You do not need
>>>a trademark for it to be functional.  The GPL does not
>>>prohibit bundling of other software that has restrictions, as
>>>long as the software does not require it to function.
> 
> 
>>Err, I believe the problem is the other way. The trademark
>>prohibits the use of the name in the source.
> 
> 
> What source?  Other than the Linux kernel itself, what source has Linux in it?

If you make modifications to the source, and redistribute it according 
to GPL, then source you are distributing has the trademark in it.

And that's a violation.

> As to the Linux kernel itself, isn't the primary copyright holder the same 
> person as the trademark holder? (Yes; Linus has both the main copyright and 
> the trademark; he doesn't have to have a trademark license to use the name in 
> his own software).

In this case, yes.

> And let's not confuse trademark with copyright; they are two entirely 
> different things.

Speak for yourself. I'm not confusing them.


Mike
-- 
p="p=%c%s%c;main(){printf(p,34,p,34);}";main(){printf(p,34,p,34);}
This message made from 100% recycled bits.
You have found the bank of Larn.
I can explain it for you, but I can't understand it for you.
I speak only for myself, and I am unanimous in that!