Wake-up call: Fearfull MS users can't see beyond the MS walls around them...

Wake-up call: Fearfull MS users can't see beyond the MS walls around them...

Post by cmatt7 » Tue, 08 Jan 2002 03:13:39



LindowOS can tear down some walls, but it may die in court on Jan 11th, if
no
media coverage exists. I think MS will try to swallow this easy prey,
if nobody's looking....

I'm too busy to make this a big issue, but others can carry a torch this
week
to ensure LindowOS gets a fair chance to break down some walls. Surely
Linuxer's can see LindowOS as a mostly transitional product? (Imagine that,
a
FAT32 based LINUX with no SWAP volume?)  See beyond tech stuff, what's
been said about Linux could finally go visible to the masses in LindowOS
right?

Visibility is what it's about here, right? Some have given me responses
saying
that Michael Robertson and his small staff of Linux heads are trying to
convert
Linux into a gravey train, like he did with MP3.com (are they right?)

BTW, I stand to gain nothing from all of this, I'm just tired 40 year-old
guy
boxed-in by MS for 20+ years (since DOS 1.x and cassette based IBM PC's)

This was my original post -I'm posting nothing more... (greetings to
"Amaze")

------------------------------------
Help the media to wake-up on this one

Sorry for using this list this way, but please take the time to copy
this text and help flood the media to wake-up on this one.

Michael Robertson, the ex-CEO/founder of MP3.com, is about to be
*led by M$soft in a few days and the media will scarcely have time
to cover it.
Windows AND Linux work together on PC's with no pain and close to no
training. However, Judge Penfields' sack of sour grapes is never far away...
Bill Gates is sueing the LindowOS CEO Michael Robertson, for getting too
competitive. Hearing first from lawyers of a January 11th court hearing, he
wrote Gates:
------------------------------------
Dear Mr. Gates: I am writing
Chairman to Chairman to discuss the lawsuit your company filed against
our use of "LindowsOS" for the LINUX based operating system we are
advertising and developing.

I also had the opportunity to read press accounts which state or imply
that Microsoft wants to resolve the controversy "voluntarily" and out of
court. I would welcome the opportunity to discuss personally a potential
informal resolution of this matter. Please call me to discuss this
option as soon as possible.

As I understand your lawsuit, you say purchasers will be confused
because of our use of "LindowsOS" and Microsoft's use of "WINDOWS" on
its "XP PROFESSIONAL" and "XP HOME" operating systems. The corresponding
and quite different logos are here for your convenience.

http://www.veryComputer.com/
http://www.veryComputer.com/

As you can see, the distinct labeling and the differences of our
products compel the conclusion that there will be no consumer confusion.
We can also create different labeling if necessary or appropriate.

Lindows.com does not yet sell a product-at this point all we are doing
is advertising. As you also are undoubtedly aware, when our operating
system is ready for distribution, we plan on selling our LINUX based
operating systems over the Internet to very sophisticated and
discriminating customers who would not be confused that our product was
created or sponsored by Microsoft. In contrast, you are selling about
90% of your operating systems to sophisticated OEM purchasers while
about 10% are sold as CDs on store shelves. I can assure you that
Lindows.com has not done and will do nothing to cause consumer confusion
or trade upon Microsoft's goodwill. All we are trying to do is give
consumers a distinct choice.

Needless to say, the lawsuit came as a complete surprise. For months, we
have been very public with regard to our plans. Detailed descriptions of
our operating system have been extensively disclosed and written about
in advertising and media. Yet we were given no notice whatsoever of your
displeasure with our use of the "LindowsOS" mark or slogan until the
lawsuit was filed one business day before Christmas, alleging it was a
prohibited use of your mark or slogan "Windows."

We are additionally puzzled because there was never any contact between
our companies prior to the lawsuit. I would have thought that a phone
call or fax, or even a formal cease and desist letter, would be a more
appropriate first step to get to a voluntary resolution. On the other
hand, I am glad to read in your court papers and press accounts that you
are not trying to stop or prevent our company from launching our
LindowsOS product-you just want us to stop using the mark or slogan
"LindowsOS". That's good to hear because, like you, we are working hard
to innovate and offer consumers a choice of novel and resourceful
products.

I look forward to meeting with you to discuss the outcomes which work
for both sides. It is my sincere interest to focus on delivering a
unique product and not to get dragged into a lengthy court battle, so
there is no need for any lawyers to meet with us.

Unfortunately, because you filed your complaint one business day before
Christmas and have demanded a response in the shortest possible legal
time frame (hearing set for January 11, 2002), we do not have much time
to discuss this matter. Therefore, I would like to request that you
continue the hearing on the preliminary injunction so that we could
resolve this issue before we get bogged down in a quagmire of
litigation. I look forward to speaking with you as soon as possible.
Michael Robertson, CEO, Lindows Inc.

 
 
 

Wake-up call: Fearfull MS users can't see beyond the MS walls around them...

Post by Spiceru » Tue, 08 Jan 2002 04:52:55



> LindowOS can tear down some walls, but it may die in court on Jan 11th,
> if no
> media coverage exists. I think MS will try to swallow this easy prey, if
> nobody's looking....

> I'm too busy to make this a big issue, but others can carry a torch this
> week
> to ensure LindowOS gets a fair chance to break down some walls. Surely
> Linuxer's can see LindowOS as a mostly transitional product? (Imagine
> that, a
> FAT32 based LINUX with no SWAP volume?)

Actually I don't see LindowOS as a transitional product.  I see it as an
attempt to keep users from going fully into the Linux community with
Windows Prices (already doing the charge for preview trick just like MS).
 I would think by now it would be understood that nobody will change
anything unless they really had to.  Fortunately, WinXP is making it more
and more necessary for people to change.  I just would hate to see them
stay at the half-done phase indefinitely....but that is what Lindows, In
My View, is offering...Run something equivalent to Windows 98 with Linux's
reliability, but buy and run those Windows programs as usual.  No reason
to go to a fully Native Linux System.  I think it does a whole group of
users wanting to switch a big disservice.  If the user is going to switch
OSes, why not let them come ALL THE WAY to a linux system? And, quite
frankly, I don't want a Linux community that operates like the Windows
community...otherwise we'll be discussing what new program we can buy
instead of the best way to get performance out of our systems.

The other thing is that users switching to Linux will need to get use to
the idea that their favorite Windows programs won't be available on
Linux...and probably never will thanks to the bigotry of the programs
authors.  They need to realize that, in most cases, there are just as
good, or better programs that accomplish the same results as before, and
have much less restrictions on the users than that proprietary Windows
program.  Is it such a high price to learn new keystrokes and menu items
to run the less restricted (and, in some cases, more powerful) Linux
programs?

 
 
 

Wake-up call: Fearfull MS users can't see beyond the MS walls around them...

Post by Trol » Tue, 08 Jan 2002 05:58:26



> LindowOS can tear down some walls, but it may die in court on Jan 11th, if
> no
> media coverage exists. I think MS will try to swallow this easy prey,
> if nobody's looking....

> I'm too busy to make this a big issue, but others can carry a torch this
> week
> to ensure LindowOS gets a fair chance to break down some walls. Surely
> Linuxer's can see LindowOS as a mostly transitional product? (Imagine that,
> a
> FAT32 based LINUX with no SWAP volume?)  See beyond tech stuff, what's
> been said about Linux could finally go visible to the masses in LindowOS
> right?

> Visibility is what it's about here, right? Some have given me responses
> saying
> that Michael Robertson and his small staff of Linux heads are trying to
> convert
> Linux into a gravey train, like he did with MP3.com (are they right?)

> BTW, I stand to gain nothing from all of this, I'm just tired 40 year-old
> guy
> boxed-in by MS for 20+ years (since DOS 1.x and cassette based IBM PC's)

> This was my original post -I'm posting nothing more... (greetings to
> "Amaze")

> ------------------------------------
> Help the media to wake-up on this one

> Sorry for using this list this way, but please take the time to copy
> this text and help flood the media to wake-up on this one.

> Michael Robertson, the ex-CEO/founder of MP3.com, is about to be
> *led by M$soft in a few days and the media will scarcely have time
> to cover it.
> Windows AND Linux work together on PC's with no pain and close to no
> training. However, Judge Penfields' sack of sour grapes is never far away...
> Bill Gates is sueing the LindowOS CEO Michael Robertson, for getting too
> competitive. Hearing first from lawyers of a January 11th court hearing, he
> wrote Gates:
> ------------------------------------
> Dear Mr. Gates: I am writing
> Chairman to Chairman to discuss the lawsuit your company filed against
> our use of "LindowsOS" for the LINUX based operating system we are
> advertising and developing.

> I also had the opportunity to read press accounts which state or imply
> that Microsoft wants to resolve the controversy "voluntarily" and out of
> court. I would welcome the opportunity to discuss personally a potential
> informal resolution of this matter. Please call me to discuss this
> option as soon as possible.

> As I understand your lawsuit, you say purchasers will be confused
> because of our use of "LindowsOS" and Microsoft's use of "WINDOWS" on
> its "XP PROFESSIONAL" and "XP HOME" operating systems. The corresponding
> and quite different logos are here for your convenience.

> http://www.veryComputer.com/
> http://www.veryComputer.com/

> As you can see, the distinct labeling and the differences of our
> products compel the conclusion that there will be no consumer confusion.
> We can also create different labeling if necessary or appropriate.

> Lindows.com does not yet sell a product-at this point all we are doing
> is advertising. As you also are undoubtedly aware, when our operating
> system is ready for distribution, we plan on selling our LINUX based
> operating systems over the Internet to very sophisticated and
> discriminating customers who would not be confused that our product was
> created or sponsored by Microsoft. In contrast, you are selling about
> 90% of your operating systems to sophisticated OEM purchasers while
> about 10% are sold as CDs on store shelves. I can assure you that
> Lindows.com has not done and will do nothing to cause consumer confusion
> or trade upon Microsoft's goodwill. All we are trying to do is give
> consumers a distinct choice.

> Needless to say, the lawsuit came as a complete surprise. For months, we
> have been very public with regard to our plans. Detailed descriptions of
> our operating system have been extensively disclosed and written about
> in advertising and media. Yet we were given no notice whatsoever of your
> displeasure with our use of the "LindowsOS" mark or slogan until the
> lawsuit was filed one business day before Christmas, alleging it was a
> prohibited use of your mark or slogan "Windows."

> We are additionally puzzled because there was never any contact between
> our companies prior to the lawsuit. I would have thought that a phone
> call or fax, or even a formal cease and desist letter, would be a more
> appropriate first step to get to a voluntary resolution. On the other
> hand, I am glad to read in your court papers and press accounts that you
> are not trying to stop or prevent our company from launching our
> LindowsOS product-you just want us to stop using the mark or slogan
> "LindowsOS". That's good to hear because, like you, we are working hard
> to innovate and offer consumers a choice of novel and resourceful
> products.

> I look forward to meeting with you to discuss the outcomes which work
> for both sides. It is my sincere interest to focus on delivering a
> unique product and not to get dragged into a lengthy court battle, so
> there is no need for any lawyers to meet with us.

> Unfortunately, because you filed your complaint one business day before
> Christmas and have demanded a response in the shortest possible legal
> time frame (hearing set for January 11, 2002), we do not have much time
> to discuss this matter. Therefore, I would like to request that you
> continue the hearing on the preliminary injunction so that we could
> resolve this issue before we get bogged down in a quagmire of
> litigation. I look forward to speaking with you as soon as possible.
> Michael Robertson, CEO, Lindows Inc.

The problem is that the name Lindows is just one letter different from the trademarked Windows. By rights MS has a case here.

Troll

 
 
 

Wake-up call: Fearfull MS users can't see beyond the MS walls around them...

Post by Paul Cook » Tue, 08 Jan 2002 06:58:06



> The problem is that the name Lindows is just one letter different from
> the trademarked Windows. By rights MS has a case here.

how could you let him get away with trademarking the word "Windows"???

I have plenty of windows all around me, not one of them has got "tm
microsoft corporation" marked on it at all. Windows have been used by
mankind ever since joe/jane the hut-person wanted to see what the weather
was like without having to step outside his/her mud hut... I believe the
word "windows" is far too generic to be trademarked. Microsoft should have
come up with some original spelling such as wyndoze or somesuch in order
to trademark it. He couldn't use windows-r-us, as a certain large toy
retail chain would have been down on him like a ton of wooden toy
bricks...

Paul Cooke

 
 
 

Wake-up call: Fearfull MS users can't see beyond the MS walls around them...

Post by Trol » Wed, 09 Jan 2002 03:04:15




>>The problem is that the name Lindows is just one letter different from
>>the trademarked Windows. By rights MS has a case here.

> how could you let him get away with trademarking the word "Windows"???

> I have plenty of windows all around me, not one of them has got "tm
> microsoft corporation" marked on it at all. Windows have been used by
> mankind ever since joe/jane the hut-person wanted to see what the weather
> was like without having to step outside his/her mud hut... I believe the
> word "windows" is far too generic to be trademarked. Microsoft should have
> come up with some original spelling such as wyndoze or somesuch in order
> to trademark it. He couldn't use windows-r-us, as a certain large toy
> retail chain would have been down on him like a ton of wooden toy
> bricks...

> Paul Cooke

You're right, there are windows all around. And if you decided to start a
farm tractor company you probably could sell a tractor named Windows .. but
if you try to sell a computer operating system and you named it Windows or
anything similar you would probably find yourself running into one or more
of the trademark laws that exist in various countries.

Same with say the name Chrysler. You could probably start a company and call
it Chrylser Software Company, but if you then built cars from that company
you would probably run into trademark laws .. even if you spelled it Krysler
  or Chylser.

'Lindows' is probably too close to cut it and MS will probably win. The
Lindows people should have seen that coming ( or maybe they did and are
performing some sort of publicity stunt ).

Troll

 
 
 

Wake-up call: Fearfull MS users can't see beyond the MS walls around them...

Post by Greg Co » Wed, 09 Jan 2002 11:43:03





> >>The problem is that the name Lindows is just one letter different from
> >>the trademarked Windows. By rights MS has a case here.

> > how could you let him get away with trademarking the word "Windows"???

> > I have plenty of windows all around me, not one of them has got "tm
> > microsoft corporation" marked on it at all. Windows have been used by
> > mankind ever since joe/jane the hut-person wanted to see what the weather
> > was like without having to step outside his/her mud hut... I believe the
> > word "windows" is far too generic to be trademarked. Microsoft should have
> > come up with some original spelling such as wyndoze or somesuch in order
> > to trademark it. He couldn't use windows-r-us, as a certain large toy
> > retail chain would have been down on him like a ton of wooden toy
> > bricks...

> > Paul Cooke

> You're right, there are windows all around. And if you decided to start a
> farm tractor company you probably could sell a tractor named Windows .. but
> if you try to sell a computer operating system and you named it Windows or
> anything similar you would probably find yourself running into one or more
> of the trademark laws that exist in various countries.

> Same with say the name Chrysler. You could probably start a company and call
> it Chrylser Software Company, but if you then built cars from that company
> you would probably run into trademark laws .. even if you spelled it Krysler
>   or Chylser.

> 'Lindows' is probably too close to cut it and MS will probably win. The
> Lindows people should have seen that coming ( or maybe they did and are
> performing some sort of publicity stunt ).

Hey, look at all the free press they have got off this.  Not only being
mentioned in the press but they get to assume the role of the poor
beleaguered small company being brutally crushed by the Evil Empire
(TM).  And all because they chose a name for their Windows clone that is
one letter off from the Microsoft trademarked name.  I mean, who could
have guessed that Microsoft might object?  The nerve of those Microsoft
bandits...

Quote:

> Troll

--