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From: bzs@ussr.std.com (Barry Shein)
Subject: Re: Are you sure UNIX is a trade mark?
In-Reply-To: farrow@ucsu.Colorado.EDU's message of 12 Sep 92 23:49:21 GMT
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Date: Mon, 14 Sep 1992 00:54:04 GMT
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Point taken, but I think if this were anything other than a computer
operating system, eg, a laundry detergent or food franchise or some
other commonly understood product, then the variation and wide lack of
control of what is licensed as being called ``Unix'' would be a big,
big issue, and I doubt USL would prevail in such a situation.
The major similarity, at this point in time, between the various
things called Unix is mostly grounded in their dissimilarity to other
things not called Unix. Certainly there's little doubt that SVR4
resembles Ultrix more than it resembles DOS.
But only in the same sense that McDonald's hamburgers resemble Burger
King's hamburgers more than they resemble Kentucky Fried Chicken's
chicken. Such a similarity would not hold, to continue the analogy, a
trademark on all fast-food hamburgers.
Perhaps it is exactly out of this concern that AT&T is playing such
hardball to get vendors to converge on SVR4 (e.g. Solaris 2.0).
Whatever the motivation, it seems to have little or nothing to do with
producing a useful product of marketable quality. At least not thus
far. It smacks more of an attempt to create a monopoly, which coming
from AT&T is not utterly shocking as a behavior.
I suppose then the question is whether the rest of us will stand for
it.
The important thing to keep in mind is that AT&T/USL can accomplish no
such thing without the intervention by force (even if implied) of the
government which operates in our name. This is why they are in the
courts.
Only a govt can grant a monopoly or exclusive marketing rights
(through patents, trademarks and copyrights.) And, hence, in a
democracy (even if representative) it is ultimately our desire being
expressed.
--
-Barry Shein
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