LindowOS can tear down some walls, but it may die in court on Jan 11th, if
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
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,
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
Visibility is what it's about here, right? Some have given me responses
that Michael Robertson and his small staff of Linux heads are trying to
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
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
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
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.
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
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.