this post was submitted on 17 Aug 2023
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It seems that the Linux Foundation has decided that both "systemd" and "segmentation fault" (lol?) are trademarked by them.

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[–] [email protected] 126 points 1 year ago (2 children)

“Patent troll” and “required actions to preserve trademarks” are two totally different things. The former is objectively bad in all ways. The second is explainable if there truly is a trademark and said gear infringes on the trademark and may be excusable if the Linux Foundation is forced to act to preserve their branding (trademark law is weird). It’s even more explainable if this is a shitty auto filter some paralegal had to build without any technical review because IP law firms are hot fucking mess. I’m also very curious to see the original graphics which I couldn’t find on Mastodon. If they are completely unrelated and there was an explicit action by someone who knew better, the explanation provides no excuse.

Attacking any company because the trademark process is stupid doesn’t accomplish much more than attacking someone paying taxes for participating in capitalism.

[–] [email protected] 45 points 1 year ago (6 children)

Why does the Linux Foundation even have a trademark process for "segmentation fault"? According to the poster on Mastodon, these words were the whole design.

[–] [email protected] 91 points 1 year ago (2 children)

Just like champagne only comes from the champagne region of France, true segmentation fault only comes from a linux program shitting itself.

[–] [email protected] 23 points 1 year ago (5 children)

Linux is the imposter here. Segmentation fault refers to how the PDP-(I forget) hardware organized memory. It comes from the original unix implementation which linux has never had any part of.

[–] [email protected] 9 points 1 year ago (2 children)

They aren’t satinf they have a trademark on the phrase ‘ segmentation fault’. They are saying the artwork called ‘segmentation fault’ contains a trademarked image/logo/whatever

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[–] [email protected] 7 points 1 year ago (1 children)

Aged like fine segmentation fault

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[–] [email protected] 20 points 1 year ago (1 children)

Segmentation fault is the name of the artwork.

The artwork itself might contain the Linux logo

[–] [email protected] 12 points 1 year ago

You mean Tux, that's under a custom attribution license, with no noncommercial clause

[–] [email protected] 15 points 1 year ago

Doing a search on the USPTO shows no mark for that combination of words. Did the poster share the design? Because either there’s more to the story on their side or there’s more to the Linux Foundation side. For example, an overworked paralegal with no concept of what terms to include. Alternatively, someone being an asshole with a SLAPP suit. We need more information.

[–] [email protected] 9 points 1 year ago* (last edited 1 year ago)

You can look trademarks up. They don’t.

There is more to the story, even if it’s just some overzealous bot or contracted company.

[–] [email protected] 5 points 1 year ago (1 children)

They might not; that is just the title of the art. The art could have other infringing content.

[–] [email protected] 7 points 1 year ago (1 children)
[–] [email protected] 27 points 1 year ago* (last edited 1 year ago)

We need to see the actual artwork to know if it has something infringing. This link means little.

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[–] [email protected] 98 points 1 year ago (1 children)

The trademarks owned by the Linux Foundation are listed here: https://www.linuxfoundation.org/legal/trademarks Neither "systemd" or "segmentation fault" are listed. Something smells funky here.

[–] [email protected] 44 points 1 year ago* (last edited 1 year ago) (9 children)

Can a third party lodge a complaint and claim to be acting on behalf of The Linux Foundation? Maybe someone is trolling here.

[–] [email protected] 9 points 1 year ago (1 children)

That's what I was thinking as well. I don't know if it's possible.

[–] [email protected] 10 points 1 year ago

If you're implying that there's an issue with copyright law then I have to say that's a pretty naive thing to do, given how famously rock solid those statutes are known to be

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[–] [email protected] 62 points 1 year ago (1 children)

I have rather serious doubts that this is legit. More likely some joker pretending to be from the Linux Foundation sent Redbubble a takedown request.

[–] [email protected] 21 points 1 year ago

I agree. Of the 188 marks registered to "The Linux Foundation" with the USPTO, there does not appear to be a mark for "systemd", "fsck", or "segmentation fault." My guess is this is an imposter claim and the artist should counter notice this claim to Redbubble.

FWIW (and assuming the link works) here's the marks ever registered to the Linux Foundation.

https://tmsearch.uspto.gov/bin/showfield?f=toc&state=4808%3Azqagnv.27.1&p_search=searchstr&BackReference=&p_L=500&p_plural=yes&p_s_PARA1=Linux&p_tagrepl%7E%3A=PARA1%24ON&expr=PARA1+and+PARA2&p_s_PARA2=Foundation&p_tagrepl%7E%3A=PARA1%24ON&a_default=search&f=toc&state=4808%3Azqagnv.27.1&a_search=Submit+Query

[–] [email protected] 59 points 1 year ago* (last edited 1 year ago) (2 children)

The complaint is not about the terms "systemd" and "segmentation fault." Those are the titles of the affected artworks. Presumably the artworks themselves contain some trademarked property.

Also, this is utterly unrelated to patents.

[–] [email protected] 27 points 1 year ago (1 children)

FSCK Systemd

Segmentation Fault

The content isn't anything to write home about. I don't really get it.

[–] [email protected] 5 points 1 year ago

Thanks for finding these. I couldn't see them, so I assumed they were removed in response to the complaint.

You're right, there doesn't appear to be anything here to object to.

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[–] [email protected] 40 points 1 year ago (1 children)

this has nothing even remotely to do with patents, fam

but it is indeed bullshit.

the purpose of a "trademark" is to prevent the public from being deceived about what they're purchasing, so you can't sell "Big Macs" on your own because the public might be deceived into thinking they were purchasing a product from McDonalds, which (I assume) has trademarked the use of "Big Mac" for fast food.

I HIGHLY doubt the Linux Foundation owns the trademark for "Segmentation Fault" with respect to random merch, so... yeah 100% bullshit

(The image does also say "Linux IP" in addition to "Linux Trademark" and I wonder what the hell that is supposed to mean, since "IP" covers a multitude of dissimilar things, maybe it's just a vague handwavy assertion they make in order to make a takedown without particularly justifying it?)

[–] [email protected] 5 points 1 year ago

Funny you should use Big Mac as an example, since McDonalds actually lost that trademark in Europe due to some legal dispute with a pub in Ireland or something

[–] [email protected] 36 points 1 year ago (4 children)

Ok but redbubble is fucking infamous for selling merch with blatantly stolen artwork and logos.

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[–] [email protected] 34 points 1 year ago* (last edited 1 year ago)

Are we certain this complaint was lodged by the Linux Foundation? Frequently DMCA takedowns happen because someone who is not the original rights holder made the complaint. Even when there's no actual rights being violated. Essentially people taking advantage of automated systems or just people not wanting to deal with possible legal issues, trolling of a different sort.

[–] [email protected] 28 points 1 year ago (4 children)

Great, now we need to start The Linix Foundation

[–] [email protected] 15 points 1 year ago* (last edited 1 year ago)
[–] [email protected] 14 points 1 year ago

"LibreLinux Foundation"

[–] [email protected] 9 points 1 year ago (2 children)

You can still get Linux 11 Home Edition free if you're a student or first-responder.

[–] [email protected] 8 points 1 year ago

What you're referring to as "Linux" is actually " [RedHat|Canonical|]/Linux"

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[–] [email protected] 15 points 1 year ago (2 children)

I'm interested to hear your novel theories about how trademarks and patents are related

[–] [email protected] 4 points 1 year ago

They can't until their patent is granted for it 😂

[–] [email protected] 4 points 1 year ago

It's called the "US Patent and Trademark Office", so they must be basically the same thing, right‽

[–] [email protected] 12 points 1 year ago* (last edited 1 year ago)

The Linuses (Lini?) just can't stop screwing up this week.

[–] [email protected] 12 points 1 year ago (1 children)

That's stupid. Can they not just focus on whatever their purpose is?

[–] [email protected] 14 points 1 year ago

I think the problem is that just like you (and me), they might not know what their purpose is. 😂

[–] [email protected] 9 points 1 year ago (1 children)

"Linux" is owned by Linus Torvalds. Can he ask this foundation to change its name ?

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[–] [email protected] 6 points 1 year ago

You either die a hero, or live long enough to become the villain.

[–] [email protected] 6 points 1 year ago
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