*BSD News Article 21399


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From: wollman@sadye.emba.uvm.edu (Garrett Wollman)
Subject: Re: kernel names
Message-ID: <1993Sep24.212913.18919@emba.uvm.edu>
Sender: news@emba.uvm.edu
Organization: University of Vermont, EMBA Computer Facility
References: <1993Sep21.194457.10899@fcom.cc.utah.edu> <27pe7k$4vq@germany.eu.net> <27pqqj$ibk@pdq.coe.montana.edu> <27uflq$75l@germany.eu.net>
Date: Fri, 24 Sep 1993 21:29:13 GMT
Lines: 26

In article <27uflq$75l@germany.eu.net>,
Bernard Steiner <bs@Germany.EU.net> wrote:

>You're kidding. The do NOT have the copyright for each and every occurance of
>the sub-string "unix" in upper and lower case.

Of course not.  Copyright doesn't even enter into it.  Trademark law
does, and I suggest that a court could reasonably come to the
conclusion that a kernel named `/vmunix' was deceptively similar to
Novell's trademark `UNIX' and might imply that the file so designated
actualy had something to so with said product.  Remember, USL sued
BSDi over the use of the phone number 800-487-8649, and was able to
get an injunction against BSDi ever using a phone number containing
the digits `8649', because on American phones one can dial this as
`UNIX'.

Frankly, I prefer `/vmduck', myself.  (An allusion to Paul Vixie's
famous comment defending BSD as ``real UNIX''.)

-GAWollman

-- 
Garrett A. Wollman   | Shashish is simple, it's discreet, it's brief. ... 
wollman@emba.uvm.edu | Shashish is the bonding of hearts in spite of distance.
uvm-gen!wollman      | It is a bond more powerful than absence.  We like people
UVM disagrees.       | who like Shashish.  - Claude McKenzie + Florent Vollant