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ORBZ shuts up shop, cites criminal charges

The Register is reporting that “ORBZ, the anti-spam blacklisting service, is shutting down. Ian Gulliver, the administrator of ORBZ (Open Relay Blocking Zone), sent a message to its mailing list explaining that the service was been shut down because of ‘criminal charges for denial of service relating to the Lotus Domino issue.'”

Sun, IBM plan Java portal standard

Network World Fusion reports that “[a]t the JavaOne conference next week, Sun and IBM will announce a joint plan to define a new Java specification intended to make life easier for developers building portals, an official with Sun’s iPlanet E-Commerce Solutions division said Tuesday.”

Former Netscape chief asks for Microsoft openness

CNN: “Former Netscape chief executive James Barksdale says antitrust penalties sought by nine states against Microsoft would help software developers make products that were not reliant on Microsoft’s dominant Windows operating system.” Read more here.

Trustix: ‘zlib’ Denial of Service vulnerability

Trustix: “zlib version 1.1.3 and lower contains a vulnerability which, in a worst case scenario, might allow an attacker to execute arbitrary code. This problem is solved by upgrading to the new release of zlib.”


--------------------------------------------------------------------------
Trustix Secure Linux Security Advisory #2002-0040

Package name:      zlib and derived packages
Summary:           double free() vulerability
Date:              2002-03-18
Affected versions: TSL 1.01, 1.1, 1.2, 1.5

--------------------------------------------------------------------------

Problem description:
  zlib version 1.1.3 and lower contains a vulnerability which, in a worst case
  scenario, might allow an attacker to execute arbitary code. This problem is
  solved by upgrading to the new release of zlib.

  All programs which are dynamicly linked with this library needs to be
  restarted after the zlib upgrade. This include, among others: openssh and
  postgresql. To ensure that these services are in fact restarted, the TSL-team
  have upgraded them aswell.
  Users of the swup software update tool will benefit greatly from this.

  Some programs are staticly linked with this library and have been
  recomplied using the new release of zlib as part of the build environment.

  Also some programs have parts of the zlib source code copied into their own
  source code, and may therefore be vulnerable. These will be updated when
  analysis tells us that they are in fact vulnerable.

  Following is a list of the updated packages:
  - zlib (Upgrade: 1.1.4-1tr)
  - openssh (Rebuild: 3.1.0p1-2tr)
  - postgresql (Rebuild: 7.1.2-4tr)
  - mysql (Rebuild: 3.23.47-2tr)
  - rpm (Rebuild: 3.0.6-7tr)
  - rsync (Upgrade: 2.5.4-1tr)
  - kernel (Patch: 2.2.20-2tr)
  - sash (Upgrade: 3.5-1tr)
  - ppp (Ugrade/patch: 2.4.1-1tr)

  We have also included some of the updates that have been in the public
  testing directories for a while:

  1.5: man and procmail
  1.2: apache apache-ssl

Action:
  We recommend that all systems with this package installed are upgraded.
  Please note that if you do not need the functionality provided by some of
  these packages, you may want to remove them from your system.


Location:
  All TSL updates are available from
  http://www.trustix.net/pub/Trustix/updates/>
ftp://ftp.trustix.net/pub/Trustix/updates/>


Automatic updates:
  Users of the SWUP tool can enjoy having updates automatically
  installed using 'swup --upgrade'.

  Get SWUP from:
  ftp://ftp.trustix.net/pub/Trustix/software/swup/>


Public testing:
  These packages have been available for public testing for some time.
  If you want to contribute by testing the various packages in the
  testing tree, please feel free to share your findings on the
  tsl-discuss mailinglist.
  The testing tree is located at
  http://www.trustix.net/pub/Trustix/testing/>
ftp://ftp.trustix.net/pub/Trustix/testing/>


Questions?
  Check out our mailing lists:
  http://www.trustix.net/support/>


Verification:
  This advisory along with all TSL packages are signed with the TSL sign key.
  This key is available from:
  http://www.trustix.net/TSL-GPG-KEY>

The advisory itself is available from the errata pages at
  http://www.trustix.net/errata/trustix-1.2/> and
  http://www.trustix.net/errata/trustix-1.5/>
or directly at
  http://www.trustix.net/errata/misc/2002/TSL-2002-0040-zlib.asc.txt>


MD5sums of the packages:
--------------------------------------------------------------------------
09ab846b2d48bbc1b8b9c882b2895436  ./1.5/SRPMS/zlib-1.1.4-1tr.src.rpm
536a1ddebd3c89137c8b526c9fa3e0c8  ./1.5/SRPMS/sash-3.5-1tr.src.rpm
929c919c39f893688f9c003a157126f9  ./1.5/SRPMS/rsync-2.5.4-1tr.src.rpm
5c7e27542ccb95e85046af96da1266eb  ./1.5/SRPMS/rpm-3.0.6-7tr.src.rpm
3315accbc9e9ea723b14e3c26f95dac6  ./1.5/SRPMS/procmail-3.15.2-1tr.src.rpm
2bd15cfa605e9ac66235289cef9563f3  ./1.5/SRPMS/ppp-2.4.1-1tr.src.rpm
e1e568dfe69be4adcf8436fcce115b28  ./1.5/SRPMS/postgresql-7.1.2-5tr.src.rpm
5a4ab384ebf85a4572dc55ffdafdfed7  ./1.5/SRPMS/openssh-3.1.0p1-2tr.src.rpm
48c59a64c87bee6ec9eed1b258c863c9  ./1.5/SRPMS/mysql-3.23.47-2tr.src.rpm
cfcd02f940248ca505a7d739721b8721  ./1.5/SRPMS/man-1.5j0-1tr.src.rpm
af04a68007564cc15b0a322e629d7072  ./1.5/SRPMS/kernel-2.2.20-2tr.src.rpm
0f1edfcfe174051af9ca5037db979eb3  ./1.5/RPMS/zlib-devel-1.1.4-1tr.i586.rpm
52239eabad2e6b600c836f5ecb478902  ./1.5/RPMS/zlib-1.1.4-1tr.i586.rpm
e7a8a4ef66a89d48de20de2758e05a2e  ./1.5/RPMS/sash-3.5-1tr.i586.rpm
4d41aad430d0537bbc054fc34d6ed4d9  ./1.5/RPMS/rsync-2.5.4-1tr.i586.rpm
d809cf941f1fcb698f5b160a5b9cda8a  ./1.5/RPMS/rpm-perl-3.0.6-7tr.i586.rpm
e40abdea7bfca487542d90894abc65ed  ./1.5/RPMS/rpm-devel-3.0.6-7tr.i586.rpm
65f2d65f60f8532796a54676517d669a  ./1.5/RPMS/rpm-3.0.6-7tr.i586.rpm
8215a6af64f8063292d9f0dc10967efa  ./1.5/RPMS/procmail-3.15.2-1tr.i586.rpm
03dee5354a3b1f3fda38f243e6c1105c  ./1.5/RPMS/ppp-2.4.1-1tr.i586.rpm
8aba921bcf77343146e6f29547d8d365  ./1.5/RPMS/postgresql-test-7.1.2-5tr.i586.rpm
eb611d702163a244a0400e6f594eb615  ./1.5/RPMS/postgresql-tcl-7.1.2-5tr.i586.rpm
a2521d23855b1c5d189a92ab9390a20a  ./1.5/RPMS/postgresql-server-7.1.2-5tr.i586.rpm
8e0d2e63501b9859808a172875d72c71  ./1.5/RPMS/postgresql-python-7.1.2-5tr.i586.rpm
b5291f7885d4af217946b7ad61aa9009  ./1.5/RPMS/postgresql-plperl-7.1.2-5tr.i586.rpm
051c494091c2b884bc13fff386ff96f1  ./1.5/RPMS/postgresql-perl-7.1.2-5tr.i586.rpm
527041acb31fd6783776b8dd25f89a6f  ./1.5/RPMS/postgresql-odbc-7.1.2-5tr.i586.rpm
4ede8989fd8a44336c31868206fbede0  ./1.5/RPMS/postgresql-libs-7.1.2-5tr.i586.rpm
54959b6506d1c54743cd89f9573cc523  ./1.5/RPMS/postgresql-docs-7.1.2-5tr.i586.rpm
028770d75798a063479c93a23dc196d6  ./1.5/RPMS/postgresql-devel-7.1.2-5tr.i586.rpm
a6e133857caa318eb473d2794210ec11  ./1.5/RPMS/postgresql-contrib-7.1.2-5tr.i586.rpm
1b3d988c225707625b773b82f96e1aa4  ./1.5/RPMS/postgresql-7.1.2-5tr.i586.rpm
f45d7f2b1806d69f5eaff8fe09266413  ./1.5/RPMS/popt-1.5.1-7tr.i586.rpm
4c2bc8e1f99f6b018d31e3cf086f5356  ./1.5/RPMS/openssh-server-3.1.0p1-2tr.i586.rpm
292d6c0d873182543dfd4a4deea4d49d  ./1.5/RPMS/openssh-clients-3.1.0p1-2tr.i586.rpm
b6f6693936a117e39349dfd4b86e7e39  ./1.5/RPMS/openssh-3.1.0p1-2tr.i586.rpm
73ad693ca8b31d49d5271cbc93084c12  ./1.5/RPMS/mysql-shared-3.23.47-2tr.i586.rpm
d7042d71490664506efbaeef43c8d6a4  ./1.5/RPMS/mysql-devel-3.23.47-2tr.i586.rpm
4f5a9f07de9a73266f229f3553835988  ./1.5/RPMS/mysql-client-3.23.47-2tr.i586.rpm
778fc20a9e91dc3e3359169e7cd11039  ./1.5/RPMS/mysql-bench-3.23.47-2tr.i586.rpm
51620612b82cc9bdb789dcf548f24add  ./1.5/RPMS/mysql-3.23.47-2tr.i586.rpm
9c989f2e6ff289b76b5f56055ab9185a  ./1.5/RPMS/man-1.5j0-1tr.i586.rpm
a9448d3bce6166701b9de1823193fb56  ./1.5/RPMS/kernel-utils-2.2.20-2tr.i586.rpm
c3259a3900d9e6e2ff11bac62fb08d8c  ./1.5/RPMS/kernel-source-2.2.20-2tr.i586.rpm
46224e85fb5534e01873662745092478  ./1.5/RPMS/kernel-smp-2.2.20-2tr.i586.rpm
41550775b52d5ca7e918d159f01f9cf4  ./1.5/RPMS/kernel-headers-2.2.20-2tr.i586.rpm
1f59ce7491b5d20b522924a3c3ba29a1  ./1.5/RPMS/kernel-doc-2.2.20-2tr.i586.rpm
1cdf9031ac62b0a321dcc2e9622b5357  ./1.5/RPMS/kernel-BOOT-2.2.20-2tr.i586.rpm
277687a36fc3ede1fe11fa55e36cef9c  ./1.5/RPMS/kernel-2.2.20-2tr.i586.rpm
09ab846b2d48bbc1b8b9c882b2895436  ./1.2/SRPMS/zlib-1.1.4-1tr.src.rpm
b374acb9aa77d9260495e97f45a61250  ./1.2/SRPMS/sash-3.5-1tr.src.rpm
929c919c39f893688f9c003a157126f9  ./1.2/SRPMS/rsync-2.5.4-1tr.src.rpm
0b8d669a74f16d51ee9ea56bcab9181a  ./1.2/SRPMS/rpm-3.0.3-48tr.src.rpm
c19177c5bbe80398879c006adf15e7d9  ./1.2/SRPMS/postgresql-7.0.2-8tr.src.rpm
5a4ab384ebf85a4572dc55ffdafdfed7  ./1.2/SRPMS/openssh-3.1.0p1-2tr.src.rpm
af04a68007564cc15b0a322e629d7072  ./1.2/SRPMS/kernel-2.2.20-2tr.src.rpm
b3be9a3d68d8e9c9966be67256fb6190  ./1.2/SRPMS/apache-ssl-1.3.22_1.47-1tr.src.rpm
d0089c585364cfd5b5b367e0f41976a4  ./1.2/SRPMS/apache-1.3.23-3tr.src.rpm
8743ec1b3f7b5cf3c91b7ab40596fb88  ./1.2/RPMS/zlib-devel-1.1.4-1tr.i586.rpm
3afe6861bc9e26f984d976dbf2da9802  ./1.2/RPMS/zlib-1.1.4-1tr.i586.rpm
a371f2978f0f1774f8de5b88bbbb8083  ./1.2/RPMS/sash-3.5-1tr.i586.rpm
c4f10fcc84d00ce6c3d6850f4de5996d  ./1.2/RPMS/rsync-2.5.4-1tr.i586.rpm
123dfc21c83cbf9049e14f7195126188  ./1.2/RPMS/rpm-perl-3.0.3-48tr.i586.rpm
f8a25856fa60b2f045a5c60d0082ca7e  ./1.2/RPMS/rpm-devel-3.0.3-48tr.i586.rpm
1e95128e9a7ee18b7fef815f3196aa21  ./1.2/RPMS/rpm-3.0.3-48tr.i586.rpm
7ccb103aa6a4790b6f226f8892eb73ff  ./1.2/RPMS/postgresql-test-7.0.2-8tr.i586.rpm
53c9da88ff9fbd35cf8f7313e0360dca  ./1.2/RPMS/postgresql-tcl-7.0.2-8tr.i586.rpm
39563a9e7dcc181702865dc15cc757a5  ./1.2/RPMS/postgresql-server-7.0.2-8tr.i586.rpm
adf2b223689cd832bbdf5465c3487e52  ./1.2/RPMS/postgresql-python-7.0.2-8tr.i586.rpm
d345eefbafcb9af31754a7a8880aa512  ./1.2/RPMS/postgresql-plperl-7.0.2-8tr.i586.rpm
b60800ef5a82b3aecf155304073874c0  ./1.2/RPMS/postgresql-perl-7.0.2-8tr.i586.rpm
42194295d871509ca2a4a9c790cc2437  ./1.2/RPMS/postgresql-odbc-7.0.2-8tr.i586.rpm
973485bcd12892b5429011020f463706  ./1.2/RPMS/postgresql-devel-7.0.2-8tr.i586.rpm
1a9a362ebc15f57254b1baa67dd6e4e4  ./1.2/RPMS/postgresql-7.0.2-8tr.i586.rpm
3664deeae0145176b0cae7f6fb887ad0  ./1.2/RPMS/openssh-server-3.1.0p1-2tr.i586.rpm
aef2bbca38b7c853a855a66c782e461c  ./1.2/RPMS/openssh-clients-3.1.0p1-2tr.i586.rpm
c8541207836377940d15ef1f8d6f1737  ./1.2/RPMS/openssh-3.1.0p1-2tr.i586.rpm
bb805f9f5eff5180970eb5d434255538  ./1.2/RPMS/kernel-utils-2.2.20-2tr.i586.rpm
470b306259b107b9ff52d1da8e609bd4  ./1.2/RPMS/kernel-source-2.2.20-2tr.i586.rpm
94c87f79101f14a2f1aa5943d335144d  ./1.2/RPMS/kernel-smp-2.2.20-2tr.i586.rpm
6bb236e602ea019a007161983a440093  ./1.2/RPMS/kernel-headers-2.2.20-2tr.i586.rpm
d4f32c88128e8774ccf00e2a597fd310  ./1.2/RPMS/kernel-doc-2.2.20-2tr.i586.rpm
0c9d47d5498ce5eb1548cc5ba85aa4b4  ./1.2/RPMS/kernel-BOOT-2.2.20-2tr.i586.rpm
deb8dfe42bcc18184dccb132a6523770  ./1.2/RPMS/kernel-2.2.20-2tr.i586.rpm
251b28d23d7aa5b0bbd860839b8f1be1  ./1.2/RPMS/apache-ssl-1.3.22_1.47-1tr.i586.rpm
a562cf292988058c6cfd3bf7e2702511  ./1.2/RPMS/apache-devel-1.3.23-3tr.i586.rpm
4629add0dd0a9b9a6a883cc2340d79da  ./1.2/RPMS/apache-1.3.23-3tr.i586.rpm
09ab846b2d48bbc1b8b9c882b2895436  ./1.1/SRPMS/zlib-1.1.4-1tr.src.rpm
929c919c39f893688f9c003a157126f9  ./1.1/SRPMS/rsync-2.5.4-1tr.src.rpm
0b8d669a74f16d51ee9ea56bcab9181a  ./1.1/SRPMS/rpm-3.0.3-48tr.src.rpm
c19177c5bbe80398879c006adf15e7d9  ./1.1/SRPMS/postgresql-7.0.2-8tr.src.rpm
5a4ab384ebf85a4572dc55ffdafdfed7  ./1.1/SRPMS/openssh-3.1.0p1-2tr.src.rpm
af04a68007564cc15b0a322e629d7072  ./1.1/SRPMS/kernel-2.2.20-2tr.src.rpm
6ac5b72a89ceb6b79db5c7f671ce5674  ./1.1/RPMS/zlib-devel-1.1.4-1tr.i586.rpm
4ac8220ff13e37d64458a73ca8069ba4  ./1.1/RPMS/zlib-1.1.4-1tr.i586.rpm
b54dd4b38829c00b5626bcc663c9f535  ./1.1/RPMS/rsync-2.5.4-1tr.i586.rpm
ad8d39a2e68bc8f05f34a807e96b4a59  ./1.1/RPMS/rpm-perl-3.0.3-48tr.i586.rpm
2b82f0df601f0d9ebb37c6e5658c751c  ./1.1/RPMS/rpm-devel-3.0.3-48tr.i586.rpm
f0d602bfc5b4429b4a7163e1c7d08191  ./1.1/RPMS/rpm-3.0.3-48tr.i586.rpm
4098645a8b7d4026483a2f615df958f5  ./1.1/RPMS/postgresql-test-7.0.2-8tr.i586.rpm
aeb67230a22e23071fd46291511bd5b7  ./1.1/RPMS/postgresql-tcl-7.0.2-8tr.i586.rpm
94c626d1ff7d613b84165263525bccd2  ./1.1/RPMS/postgresql-server-7.0.2-8tr.i586.rpm
cdc2f6bf6a963de3e4c15b3b0cafa575  ./1.1/RPMS/postgresql-python-7.0.2-8tr.i586.rpm
48bcc2134a81e316be8d345b0f33c5ed  ./1.1/RPMS/postgresql-plperl-7.0.2-8tr.i586.rpm
c8d8dc1529b1730c889fb5dbf291a97a  ./1.1/RPMS/postgresql-perl-7.0.2-8tr.i586.rpm
90d5db25832abf1893abffaf22564f45  ./1.1/RPMS/postgresql-odbc-7.0.2-8tr.i586.rpm
4c9ca9da560753dd9c57a433e1fb5ca6  ./1.1/RPMS/postgresql-devel-7.0.2-8tr.i586.rpm
2a7c43bb3cdb53e731cda1cb2717d57a  ./1.1/RPMS/postgresql-7.0.2-8tr.i586.rpm
7d255bd34e9a51bf0a6bc43fc7967d41  ./1.1/RPMS/openssh-server-3.1.0p1-2tr.i586.rpm
d8b57824dc5fc119178d5ff5f050e22a  ./1.1/RPMS/openssh-clients-3.1.0p1-2tr.i586.rpm
74c5f990fc3337e1d32654bc7887c827  ./1.1/RPMS/openssh-3.1.0p1-2tr.i586.rpm
c43b37e4013c1cd144b2282436bc83ec  ./1.1/RPMS/kernel-utils-2.2.20-2tr.i586.rpm
e9b53e17180eb3af790acdfae60ad9d1  ./1.1/RPMS/kernel-source-2.2.20-2tr.i586.rpm
8d382190405b778b638ac96cb5b7d809  ./1.1/RPMS/kernel-smp-2.2.20-2tr.i586.rpm
97cc38f20f63af9ee8801694e4ef73fa  ./1.1/RPMS/kernel-headers-2.2.20-2tr.i586.rpm
9f6af1b6ddae90cb9d312b16f9bb90b4  ./1.1/RPMS/kernel-doc-2.2.20-2tr.i586.rpm
8b491e0d0a17964ff4ef074b8112d054  ./1.1/RPMS/kernel-BOOT-2.2.20-2tr.i586.rpm
1c9628c93e332ec4a0c756f05f42fffb  ./1.1/RPMS/kernel-2.2.20-2tr.i586.rpm
--------------------------------------------------------------------------


Trustix Security Team

Category:

  • Security

Anyone want to trademark “Linux for Windows?”

By Jack Bryar

Not long ago Microsoft generated some new
guidelines
for how third parties were to refer to its trademarked
products. One change was that the company’s lawyers were insisting that
“Windows” should never appear in any document, even once, without an
accompanying trademark registration mark right beside it.

It may be a little late for that. Michael Robertson and Lindows.com
won a shocking preliminary victory in court Friday that threatens to turn a
prized Microsoft trademark into a generic term for software that doesn’t work
very well. Even more surprising is how many experts say they predicted
this would happen.

Last December, when Microsoft filed suit against Lindows and its founder Robertson, experts cautioned that Microsoft might be on dangerous ground. Several intellectual property lawyers suggested that Microsoft had committed several critical errors that might put its trademark at risk.

One problem was the company was using a generic term as a trademark.
In their short online primer on trademark law, Larry Lessig, David Post, and
Eugene Volokh suggest avoiding individual words and short phrases, and to
strenuously avoid generic words if possible. More than one U.S. court has ruled
that “a generic term … even if it has acquired distinctiveness or a
secondary meaning” may not fall under the full control of any one company. This is
particularly important if a company is trying to avoid “dilution” of
the value of a trademark by preventing others from using similar words.
The more distinctive the word or phrase, the more likely a business can win a court
battle claiming that another firm’s use of a similar word devalues the
goodwill associated with its trademark. Thus, a word like Coca-Cola is easier to protect than a word like Windows. Sources suggest that, by
continuing to pick common names for products, including Sidewalk (U.S. Patent Office
serial #75976719), Slate, (serial#75114433) and Bob (#74603156),
Microsoft has set itself up for a continuing series of challenges.

Another trap for a would-be trademark holder is trying to overextend
the trademark to the point that it no longer identifies any distinctive
set of products or services. My examination of the U.S. Patent Office’s
TESS
database
shows that Microsoft has filed more than 100 trademark
applications to broaden and extend its rights to the Windows trade name. Currently
it has registered Windows as a trademark for trade shows (#75371267) ,
smart cards (#75573286), mail order (#75868853), tech support (#75868854)
information services and entertainment (#75879977), CDs and joysticks (#75702468),
sound systems (#74413669), printer cartridges (#74274174), even “computer
programs for use in automobiles” (#75980682). This over-extension risks
confusion over just what it is that Microsoft has been trying to trademark.

Oddly enough, the company never explicitly extended its Windows
trademark to cover software past its original claim, which was
restricted to the “graphical operating environment” for “microcomputers”
(#74090419). There appears to be no separate filing to cover such software for items
as servers, or for enterprise software. In addition, Microsoft
originally treated its trademark very narrowly. It filed a separate “Windows for
Data” (#73636382) trademark in 1987, for its software products, seven years
before first registering the word “Windows” by itself.

Even more damaging, Microsoft committed a cardinal sin for a
would-be trademark holder; it enforced its trademark inconsistently, litigating
some firms while allowing others to use the word Windows without any
apparent penalty. For example, in various applications to the Patent Office, most notably #74716365 Microsoft filed to extend Windows as its exclusive trademark for
magazines. However, it allowed both Penton
and CMP to publish magazines with
Windows in the title.

Dohring Online initially applied for a trademark for “Datacomp for
Windows.” Although the trademark did not get registered, the company had used it
without challenge for six years. Delta Systems originally applied for a
trademark for Quickcheck for Windows. While that name was never
formally registered, the product has resurfaced as EZ
Check for Windows
. Northeast Monitoring still uses the phrase Holter for Windows for its instrumentation package. Geologic Systems applied for a
trademark for GeoScout for Windows, and , although the company abandoned its
registration effort, Geologic
still uses Windows as a part of its product name
. The product name
“Wise for Windows” was used for years by Microsoft partner Wise Inc. at
the same time. Wise abandoned its attempt to secure a trademark,
for the phrase but it still uses the product name without interference
from its partner. The product called CQ
for Windows
still exists without any reference to Microsoft in
federal courseware programs.

In addition, the word “Windows” and a host of variants are used by a
variety of other companies for all sorts of products and services.
Among them, the owner of hardware store in Arkansas, who trademarked a phrase
never heard in Redmond, “Windows that Work,” in 1997 (#75474275).

Microsoft may be in the media business, but the name Windows as a
trademark for entertainment services is owned by a couple of fellows on Route
4 in Martin, Tennessee. Windows is also a trademark (#75174557) of the Randall
Products International for its line of cosmetics. Windows is a
trademark (serial # 76296937) of George M. Leader Family Corp. for its brand
of “healthcare services for patients afflicted with dementia.” At one
time, Windows was a trademark of the Kimberly Clark for that company’s brand
of urinal cleaner-deodorizers, a claim not abandoned until 1998. Window
is the trademark (#75886964) held by a Taiwanese medical hardware
company best known for its line of bone screws. Cyber Window is held
(#75761099) by Japan’s AVIX Inc., for its line of electronic display devices. Windough
is registered to the Interactive Toaster Corp. for a game. Even the U.S. Patent Office itself has been allowed to get sloppy with the Windows trademark. The Patent Office’s
Web site
features a text retrieval product it calls “Document
Delivery for Windows” (DocDW).

Before the trial began, the Lindows CEO had warned, “we are looking
forward to showing the court the widespread use of the term ‘windows’ or
variations thereof by literally hundreds of companies which are not endorsed or
sponsored by Microsoft.” The court saw
the same pattern
and has now threatened to deprive Microsoft of one
of its most valuable assets.

It is worth noting that the company has had plenty of troubles with
the Windows trademark, almost from the beginning. The company’s
trademark was originally turned down in the United States, and prompted a lawsuit threat by Borland Corp. that was only settled with a payment of over a million
dollars. Sloppiness in defining its trademark and in filing led to unending
troubles in Europe. When Microsoft filed a complaint against AG Communications
Systems for using the brand Windowphone, it was slapped
down by a French Court
, which overturned Microsoft’s claims that it
had been using Windows since 1983. The court said said that Microsoft had
no claim on the term until late 1992, if not well afterwards. In
Britain, Microsoft’s trademark application languished for years.

As late as 2000 the Korean Patent Court rejected Microsoft’s attempt to overturn the
“Window” trademark held in Korea by Yangji Total Stationery Co., a producer of
daybooks and diaries based in Seoul. The Microsoft suit was not only turned
down, it backfired. As a result Microsoft almost lost any rights to use the
name Windows in Korea. Today Microsoft’s Web site in Korea features the phrase “Microsoft Windows” with a registration
mark but not Microsoft® Windows® as it would in the United States.

While the judge’s ruling in the Lindows case is only preliminary,
several intellectual property lawyers described it as “devastating.” IP lawyers
suggest that it means that, for the time being, any software company could use
the word Windows if it wanted to. That prompted the comment by several members of the hacker community, “But who would want to?”

More about Sun and Linux

bryam writes: “Gadre and DeWitt bring more details about Linux initiatives at Sun.
Sun classifies its effort in five areas:
1. Sun’s First General Purpose Linux Server
2. Key Sun Software on Linux
3. Linux Applications on the Solaris Operating Environment

4. Linux on SPARC Systems
5. Contributions to Open Source

Interview: Marcelo Tosatti, maintainer of the 2.4 kernel

Frank writes: “There’s an interview over at the developerWorks Linux Zone with Linus’s latest lieutenant Marcelo Tosatti. He talks about what it takes to be the maintainer of the Linux kernel, what his plans are for 2.4 and his favorite hack.”

Category:

  • Linux

Financial Times on GNU GPL

Anonymous Reader writes: “Article in Financial Times on GNU GPL. Some Microsoft FUD, but also some great thoughts from leading open source and free software advocates. Interesting to see an article like this in a business magazine! (link from Gnuheter)”

Project EGOVOS will certify and distribute NSA’s Security Enhanced SELinux

From BusinessWire: “Project EGOVOS (TM) (Project E-Government Operating System) will apply for certification of the National Security Agency’s Security-Enhanced Linux
(SELinux) under the NIAP Common Criteria Evaluation and Validation Scheme for IT Security. SELinux is an ideal and secure operating system for the
global critical IT infrastructure.”

Netscape’s antitrust suit against Microsoft: they’re both wrong

From Salon.com: “On the pricing issue. Netscape should not complain about Microsoft’s practice of giving IE away at no cost. After all, when Netscape started, its
browser was given away at no cost, which enabled it to gain a huge market share that took even Microsoft years to chip away.

On the bundling issue. This is a non-issue. It is not as if Windows has locked the user out of installing Netscape on his or her own computer by
including IE with the OS. If a user really wants to use Netscape he can ignore IE or use Microsoft’s own utility to remove its icon. By including IE,
Microsoft gives the option for people to get online; is that such a bad thing? Besides, you could have used IE to download Netscape, so by including
IE, Microsoft is actually giving you a way around IE. Now is that a bad thing for Netscape?”