“Lindows.com today released copies of
its main opposition papers to the pending trademark lawsuit filed by
Microsoft Corporation at lindows.com/opposition.
In the lawsuit, Microsoft seeks to prevent Lindows.com from using the
term “LindowsOS” and “Lindows.com.”(This press release summarizes some, but not all of the major
opposition points. There are some portions which are not readable
because Microsoft claims that certain facts about what they have done
in the past should be kept confidential. Lindows.com intends to ask the
Judge to allow them to make those parts public, but until then, this is
all Lindows.com can share.)

According to a statement posted at their website, Lindows.com claims
Microsoft is trying to prevent the public from using a descriptive
English word “windows” which has had meaning in the computer industry
for years prior to Microsoft’s use. They explain how companies such as
Xerox, DEC, and Apple have used the term for years to describe
graphical user interfaces which incorporate graphical elements to
display and manage applications. Not until 1983 did Microsoft start
using the term ‘windows’, in connection with an operating system
product. Microsoft waited 7 years before they decided to file a
trademark application for “windows” in 1990. US Patent and Trademark
Office records show that at least one company lodged a significant
protest. The US Patent and Trademark Office subsequently rejected
Microsoft’s application because “windows” was a generic word.
(Microsoft has a pattern of pairing their name with a generic term such
a “Microsoft Word.” This is discussed in a Declaration by John Dvorak
in relationship to this case at www.lindows.com/opposition.) The US PTO
later reversed itself only after Microsoft .

A Washington, DC Court has found that over the last decade Microsoft
has engaged in unlawful practices and spent billions on marketing and
advertising to establish and extend an illegal monopoly. “No matter how
much money a company spends, they should not be allowed to prevent
others from using a descriptive term widely used in the industry;
especially if that company has been found guilty of illegal tactics to
build and maintain its monopoly.” said Michael Robertson, CEO for
Lindows.com. “This would be like a furniture company selling a ‘Super
Chair’, driving other furniture companies out of business illegally,
and then trying to gain exclusive rights to the word “chair” and block
all competitors from using it.”

Another critical fact that Lindows.com points to as clearly
illuminating Microsoft’s true motivations is that over the last 10
years Microsoft has never filed a lawsuit similar to the one they filed
against Lindows.com in spite of the fact that there are hundreds of
products which use the term “windows.” Lindows.com users helped to
identify hundreds of products which use or incorporate the term
“windows.” These products run on a variety of operating systems
(including Linux and Macintosh), and some are actually operating
systems themselves. There are commercial products, shareware, freeware,
open source, and even hardware products. None of these products are
made by Microsoft; none have licensed the term “windows” from
Microsoft, but Microsoft has never filed a lawsuit against any of them.
Take a trip to any computer store, flip through a mail order catalog or
visit any software site on the Internet and you will find many, many
products entitled windows something or something windows. Additionally,
hundreds more products containing “win” or other such variations, yet
Microsoft hasn’t brought any action against them. Ask yourself this —
“Why would Microsoft allow these thousands of products to use what they
claim to be their trademark with no protest whatsoever, but decide to
sue Lindows.com?” The fact that Microsoft is targeting only Lindows.com
demonstrates their real motivation is to stop a potential competitor
and NOT that they believe there’s confusion concerning the product
name.

While Microsoft alleges people will be confused when they asked the
judge to shut down Lindows.com, they offered no evidence whatsoever
that anyone was actually confused between Microsoft’s programs and
LindowsOS. In fact, an independent marketing company conducted a
survey, asking over 14,000 likely buyers to participate. The results
revealed that not even a SINGLE respondent was confused. The survey was
supervised by an expert from San Diego State University. Read about the
survey results at www.lindows.com/opposition. Microsoft offered no
expert testimony (apart from Microsoft employees). They conducted no
surveys, but if they had, they would have found out exactly what the
other research revealed; that there is NO confusion whatsoever among
potential buyers.

Michael Robertson commented, “We want to focus on building our product
and not fighting in court, but we also think it’s important to stand up
to the bully on the first playground encounter otherwise he’ll chase
you home every day. We have offered a compromise to Microsoft whereby
we would continue to use our company name Lindows.com since that bears
no resemblance whatsoever to Microsoft, but we would not use LindowsOS
as our product name. This offer was not accepted.”

The next step in the lawsuit is a court hearing February 27th where the
judge will hear oral arguments and then make his ruling either at that
time or a later date.

Lindows.com has just released a Sneak Preview of LindowsOS to a select
group of Insiders. The Sneak Preview is not a fully completed product
but showcases many of the unique features such as a friendly install
alongside an existing Microsoft Windows operating system, a streamlined
installation process which requires no computer knowledge and the
ability to run popular Windows-based programs. This will be followed by
version 1.0 which will go on sale later this year for $99. For more
information see www.lindows.com/products

To receive Lindows.com press releases via email signup at
www.lindows.com/mailing

About Lindows.com, Inc.

Lindows.com is a consumer company that brings choice to computer users.
Lindows.com, Inc. uses the latest technology to create affordable,
intuitive, user-friendly products. Lindows.com, Inc. was started by
Michael Robertson, founder and former CEO of MP3.com. At the core of
Lindows.com is a new operating system called LindowsOS?, a modern,
affordable, easy-to-use operating system with the ability to run both
Microsoft Windows® and Linux® software.

About Michael Robertson

On the frontlines of music aggregation and distribution, Robertson
founded MP3.com, Inc., the Internet’s premier Music Service Provider
(MSP) in March 1998. MP3.com revolutionized both the way new artists
distribute their music as well as the way music lovers acquire and
enjoy music. Robertson and the rest of the MP3.com team built a unique
and robust technology infrastructure that facilitated the storage,
management, promotion and delivery of digital music. MP3.com hosts the
largest collection of digital music available on the Internet with more
than 1 million songs and audio files posted from over a hundred
thousand digital artists and record labels with millions of music fans.
Robertson stepped down as CEO of MP3.com to start Lindows.com.
Robertson continues to serve in an advisory capacity to Vivendi
Universal. MP3.com, Inc. is a wholly owned subsidiary of Vivendi
Universal, S. A.

VariCAD writes: “VariCAD is proud to announce the recent release of its MCAD – VariCAD 8.1. This compact CAD package features many powerful tools for 3D modeling and 2D drafting, libraries of mechanical parts, surface development (unbending), calculations of standard mechanical components, tools for working with non-graphical information (BOM), and many others. All these are included in this fully loaded version 8.1. VariCAD 8.1 can also import and export common CAD file types such as DWG, DXF, and IGES. VariCAD 8.1 is a “must-see” software for anyone involved with mechanical engineering design. Its low price of $399 makes this CAD package one of the smartest choices on the market today.”

Steve McGough writes: “Lani Matzelle, Controller of South Atlantic Services (SAS), announced the installation of a state-of-the-art inventory management application. This will allow SAS to more effectively manage the packaging services they provide to over 20 different companies from 2 manufacturing locations in Wilmington, North Carolina and Houston, Texas. The initial application combines the acceptance of electronic order input via EDI (Electronic Data Interchange) with the management of inventory for all of their serviced companies. The system provides EDI confirmations and creates the required shipping document. This was all done using an Internet based application, which greatly reduced installation and operational costs.”

SAS has been in business since 1970. It started packaging Anti-freeze for Texaco and has grown to provide services to greater than 20 companies representing more than 100 different products ranging from railroad cars full of powder to small bottles of liquids. Keeping track of the diversity of inventory components has been a challenge as well as servicing the different transportation logistic requirements for the various companies. An Internet based EDI application was installed in 1999 by Internet Technologies Inc. (Inttek) with headquarters in Wilmington, NC. In September of 2001, SAS contracted with Inttek to develop an Internet based inventory application and integrate it with the EDI application. Development was completed last November and a parallel test was completed in January 2002. Due to the application’s powerful behind-the-scene functionality and its low implementation cost, Inttek has named its product “Inventory Wizard”.

Key objectives were to have a seamless migration from the old inventory system to the new application and to insulate the serviced companies from the normal conversion headaches. The application supports purchase orders, receipt of items, producing or blending the items into finished goods, shipping orders, and the creation of all shipping documents. Each serviced company can have a unique set of inventory items. Provisions can be made to project future inventory requirements. Reports are available to support all facets of the operation.

Internet Technologies, Inc.
Phone: 910-792-1786;
WWW.INTTEK.NET
INFO@INTTEK.NET

Founded in 1996, Internet Technologies, Inc. (Inttek) focuses on the development of e-business and e-government solutions. Inttek’s software is based entirely on Open Source technologies and the Linux operating system, providing the client cost effective software without locking them into a proprietary solution. Inttek’s goal is to deliver quality, mission critical technologies, on time, and within budget.”

NewsFactor Network writes: “Despite all the hype about the wonders of the wireless Web, the available mobile devices are not able to provide a wireless Web adventure that would impress anybody. Transmission speeds lag behind the dial-up access rates the average AOL user gets at home. And the big question remains, who needs it? In other words, the wireless Web’s time has not yet come.”

LinuxPR: “CUPS 1.1.14 is a security release that fixes two buffer overflow bugs in
the IPP code.”

AsiaBizTech: “Hitachi Ltd. and Red Hat Inc. said they will
cooperate to provide consultation services related to the introduction of
Linux systems.

From Feb. 6, the two companies began to provide an “Opportunity
Assessment” service for evaluating the feasibility of introducing Linux
into a user company’s core system.”

NewsFactor Network writes: “Amid a rising chorus of criticism following the revelation that it tracked the Web activities of its more than one million Internet subscribers, cable giant Comcast agreed Wednesday to stop the practice immediately. Comcast also said it stores sensitive information, such as credit card numbers and passwords, in a database managed by network infrastructure specialist Inktomi.”

Jason writes: “As noted on OSNews, John Carmack speaks his mind again, this time against NVidia’s recently announced GeForce4-MX. This is supposedly the cut-down/cheap version of GeForce4, but both Tom’s Hardware and John Carmack claim that this is nothing but a bumped-up GeForce2-MX, and has almost nothing to do, feature-wise, with the real GeForce4. NVidia’s agressive marketing may leave many customers unhappy, letting them think that they bought the latest and the greatest, while in reality they bought a renamed, 2-years old technology, unable to play modern games like Doom3 in a satisfiable manner.”

MSNBC: “Just in time for Valentine’s
Day, Microsoft Chairman Bill Gates wooed software
developers not with a box of candy, but with a box filled
with new software programming tools. Microsoft on
Wednesday shipped Visual Studio.Net, a revamped
package of the company’s popular software development
tools that includes Visual Basic, Visual C++ and its new
Java-like language, C#.”

Tosatti: “So here it goes.”

Download: http://www.kernel.org/pub/linux/kernel/v2.4/testing/patch-2.4.18-rc1.gz

rc1: 
- PPC MPC8260 update                            (Tom Rini)
- eepro100 fixes                                (Jeff Garzik)
- Make natsemi hardware workaround a config 
  option                                        (Jeff Garzik)
- Add serial board PCI ID                       (Jeff Garzik)
- Add support for another tulip clone           (Jeff Garzik)
- Fix typo in winbond driver                    (Jeff Garzik)
- Move initialization of tridentfb before 
  the generic drivers                           (Geert Uytterhoeven)
- Reiserfs bugfixes                             (Oleg Drokin)
- More __devexit_p assorted fixes               (Andrew Morton)
- Merge some -ac bugfixes                       (Alan Cox)