It seems that the Linux Foundation has decided that both “systemd” and “segmentation fault” (lol?) are trademarked by them.
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“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.
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.
Segmentation fault is the name of the artwork.
The artwork itself might contain the Linux logo
You mean Tux? That’s under a custom attribution license, with no noncommercial clause
Just like champagne only comes from the champagne region of France, true segmentation fault only comes from a linux program shitting itself.
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.
It doesn’t matter because trademark law is about usage and active protection of rights, not origination.
It does matter because projects like *BSD can prove continuous usage of the term. As such either the trademark is easy to break (it is common use), or it can only be a trademark in very specific contexts that are unlikely to apply.
x86 and x86_64 still have segment registers so it’s not exactly entirely archaic, but they’re not really relevant so that doesnt change what you said. I dont have the exact details on who implemented segmentation first, so I cant elaborate on that.
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.
They might not; that is just the title of the art. The art could have other infringing content.
We need to see the actual artwork to know if it has something infringing. This link means little.
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.
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.
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.
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?)
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.
The content isn’t anything to write home about. I don’t really get it.
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.
I can understand
Systemdbeing trademarked, but does the Linux Foundation own the trademark for Systemd…? Surely not. I’d think Red Hat before I thought Linux Foundation.
