*BSD News Article 49646


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From: kaleb@x.org (Kaleb KEITHLEY)
Newsgroups: comp.unix.bsd.misc
Subject: Re: What is "BSD"?
Date: 23 Aug 95 11:28:03 GMT
Organization: X Consortium Inc.
Lines: 66
Message-ID: <kaleb.809177283@exalt>
References: <CGD.95Aug20032937@BALVENIE.PDL.CS.CMU.EDU>
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cgd@cs.cmu.edu writes:

>	BSDI is the owner of the trademark "BSD" which is used
>	in the field of computer software.

>According to BSDI, _NONE_ of the following can be called "BSD Systems":

>	Ultrix		386BSD
>	FreeBSD 	NetBSD
>	Lites		SunOS [34].x

>even though some of them have been considered "BSD Systems" before BSDI
>was formed.  

I suggest that FreeBSD/NetBSD, et al get themselves to a trademark lawyer 
and don't make any agreements with BSDI until you do. BSDI's claim to the 
trademark might be invalid or very tenuous. It's not uncommon for someone 
with a weak claim to go off and try to negotiate agreements first, and then 
let the various parties discover later that the holder's claim wasn't very
good to begin with.

>Indeed, systems like NetBSD or FreeBSD would find it
>difficult (if not impossible) to register their names as trademarks,
>without an agreement with BSDI like the ones that the FreeBSD folks
>signed.

>As far as I know, BSDi's been very quiet about their ownership of the
>BSD trademark (probably for good reason).  But they own it, and are
>asserting their "right" to exclusive use of it.  If you don't believe
>me, call them up and ask them if they claim ownership of the "BSD"
>name, if they've entered into such an agreement with the FreeBSD
>folks, etc.

All ownership of the trademark assures, in this case, is that someone
else cannot come along later and start using BSD as their product name. 
Parties that were using a trademarked name before the trademark was 
granted are permitted under trademark law to continue using the name; 
normally this has a regional limitation of some sort, but this is the 
Internet and the law hasn't quite caught up with the Internet yet. We're
talking about U.S. law here, your milage may vary in other countries.

By making an agreement too quickly, FreeBSD might merely reinforce the 
notion that BSDI has a valid claim to the BSD trademark. Perhaps they do, 
but that doesn't mean you should roll over, play dead, and sign everthing
BSDI puts in front of you. Make them prove they have a valid claim before 
signing any agreements with them. Once the cat is out of the bag it gets 
harder to put it back in.

And then, just to take the other side of the coin for a moment, who are 
the principles of BSDI? If it's McKusick et al, then who, if anybody, is 
more deserving of ownership of the BSD name? There is something to be said 
for good will, even if you can't put a dollar value on it. If BSDI does 
have a legitimate claim to BSD, it seems to me like they generate quite a 
bit of good will if they let FreeBSD/NetBSD/386BSD continue to use BSD in
their name. If FreeBSD/NetBSD/386BSD sign the agreement, they generate 
some reciprocal good will with BSDI. 

>Some of you may note that there's more than just a little bit of
>irony in this...

Ironic? Not really. Sounds like business-as-usual to me. 

--

Kaleb KEITHLEY