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ZDNet Australia reports that "an attempt by Australia’s peak Linux body to register the name 'Linux' on behalf of Linus Torvalds has failed. The regulator, Intellectual Property Australia, turned down the application because the word 'Linux' was not distinctive enough to be trademarked. " Other key highlights from the ZDNet story that are of interest to readers worldwide: The registration would have prevented companies from claiming the name as their own, or using it in trade paying royalties to the Linux Mark Institute, a global body established by Linux creator Linus Torvalds.  In a letter dated 31 August addressed to Perth-based lawyer Jeremy Malcolm, who represents Torvalds, Intellectual Property Australia official Andrew Paul Lowe said: "For your client's trademark to be registerable under the Trade Marks Act, it must have sufficient 'inherent adaptation to... (more)

SCO vs IBM Lawsuit Will Have 'No Impact Whatsoever' on Linux in the Enterprise, Say Experts

A panel of Linux experts, asked yesterday what they thought the impact of the SCO vs IBM lawsuit were likely to be on the adoption rate for Linux in the enterprise, were unanimous: it will not have any impact whatsoever. Larry Augustin, the Chairman of VA Software, was adamant: “It is a lawsuit filled with sound and fury and signifying nothing,” he proclaimed. “It doesn’t impact end users of Linux, it is just a specific contract dispute between SCO and IBM.” “IBM is perfectly capable of taking care of themselves,” Augustin continued. “It’s not about IP, it’s about a specific contr... (more)

IBM and SCO Continue to Butt Heads over Linux

At the end of last week IBM went on the counter-offensive against SCO Group when Bob Samson, vice president of IBM's systems sales, told IBM’s sales force that for SCO to demand license payments for Unix makes no sense given that SCO itself has very recently been shipping an open-source product, a version of Linux that the Lindon, Utah-based company was selling until as recently as May. This goes a great deal further than the somewhat mild IBM statement, reported earlier at LinuxWorld, that it would “stand by” its customers and defend its name and actions vigorously in any legal ... (more)

SCO Specifies Alleged "Offending Code"

The following posting, just made in another thread here at LinuxWorld, is a cross-posting from lwn.com.]   This is a copy of SCO's December 19 copyright letter, as received from Avi Dines via Don Marti. December 19, 2003 Re: The SCO Group, Inc. (“SCO”) Dear Unix Licensee, In May 2003, SCO warned about enterprise use of the Linux operating system in violation of its intellectual property rights in UNIX technology. Without exhausting or explaining all potential claims, this letter addresses one specific area in which certain versions of Linux violate SCO's rights in UNIX. In ... (more)

"Linux Is Simply Good Business," Says Novell's Messman in LinuxWorld Keynote

"Novell is a billion-dollar company that’s wagering its future on open source," said Novell CEO Jack Messman, in opening the LinuxWorld Conference & Expo today at the Jacob Javits Center in New York City with his first ever keynote address at a LinuxWorld show. His clear message: it’s not only possible but profitable to build a business around open source. The title of his keynote, "Open Source Meets Traditional Software Development," could almost have been the title of a book about the last year at Novell, a year in which the Utah-based company has bought Ximian and SUSE Linux a... (more)