Lindows.com: Lawsuit Update (fwd)

From: Russell McOrmond <russell _-at-_ flora.ca>
To: No DMCA in Canada <canada-dmca-opponents (at) flora.org>
Date: Thu, 16 May 2002 22:52:22 -0400 (EDT)

FYI - trademark related, but the same type of abuse - glad to see the 
folks at Lindows.com (same folks as MP3.com ;-) doing this work for us 
all...

 Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
 See http://weblog.flora.ca/ for announcements, activities, and opinions
 Want to retain copyright? Author Free Software!  
 More on Peruvian free software bill     /    1841 Copyright speech

---------- Forwarded message ----------
Date: Thu, 16 May 2002 13:43:25 -0700
From: Michael Robertson <michaelr@lindows.com>
To: Lindows. com Friends <list@lists.lindows.com>
Subject: Lindows.com: Lawsuit Update

  

   If this message is not displaying properly, click
<http://lindows.com/press> here to launch it in your browser.


 <http://lindows.com/> 


Lawsuit Update

MICROSOFT LOSES APPEAL TO SHUT DOWN LINDOWS.COM

Many of you have asked to be kept informed on the progress of the
Microsoft Lawsuit, so I wanted to let you know that the judge has just
denied Microsoft's appeal to shut down Lindows.com.

Judge Coughenour wrote in a seven page ruling that after "examining the
evidence with a sharper focus" news articles, advertisements,
competitors and dictionary definitions demonstrated that the "consuming
public used the terms 'windows,' 'window' and 'windowing' to refer to a
type of graphical user interface." 

The Western Washington District Judge also wrote that through "its own
use of the evidence" Microsoft essentially admits that "windows" is a
generic term. The Court bolstered that finding by citing Microsoft's own
computer dictionary definition, as well as quotes from then Vice
President of Marketing, Steve Ballmer, in discussing the introduction of
Windows 1.0. To read the document in its entirety, visit
www.lindows.com/opposition  

As I stated in our press release, Microsoft pulled the pin on this
grenade and the Judge made them swallow it. Our goal is to bring choice
back to computers in spite of Microsoft's bullying tactics. If we have
to go to trial where the word "windows" will be declared generic, we're
prepared to do so. You can read our full press release at
www.lindows.com/press 

Michael Robertson

Bringing choice to your computer!

Lindows.com has already released two Sneak Previews to their Insiders
and has announced that all Insiders will receive the full product.  To
signup for the Insider program go to www.lindows.com/signup. The Sneak
Previews are not fully complete products, but showcase many of the
unique features such as a "Friendly-Install" alongside an existing
Microsoft Windows operating system and Click-N-Run
http://www.lindows.com/clicknrun, a feature that allows users to
download and install high-quality software programs with one-click. 

The final version of LindowsOS will go on sale later this year for
one-third of the cost of a comparable Microsoft offering. For more
information see www.lindows.com/products.

LindowsOS and Lindows.com are trademarks of Lindows.com, Inc. LinuxR is
a registered trademark of Linus Torvalds. MicrosoftR WindowsR operating
system is a registered trademark or service mark of the Microsoft
Corporation.

UP2

 

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