[lug] Visio for Linux? Was: stupid MSDN Q

[S. Luke Jones]

John Hernandez wrote:
> These Linux companies and developers really need to get a clue
> about names and trademark law.  There was a BLUG thread recently
> about how Killustrator was forced to change its name.  Yet again
> and again we see examples like Koffice (an MS Office clone),
> Kivio (a Visio clone), etc, etc.  It's a headache very easily
> avoided, IMHO.

YANAL, I presume, or you wouldn't offer your HO. And, if you're not a
lawyer, then your O isn't worth much more than mine, H or not.

Take the case of Killustrator. Note that the lawsuit was brought in Germany,
where the law allows random disinterested parties to bring suit. This
confirms ESR's dictum about all bugs being shallow given enough eyeballs,
only s/bug/copyright infringement/. But it also k-illustrates how different
copyright and trademark law is from jurisdiction to jurisdiction. How much
work should I, the sole developer or project leader for K-something or
G-something else, go to, to be certain I haven't violated trademark laws
of Lower Elbonia. It might be a headache, but I*M*HO it's far from easily
avoided.

As for Kivio... I cringe at the thought that having a V in your name, or
ending in IO, constitutes an infringement. Poor Ontario.  Ditto Scorpio,
Antonio, Horatio, and Emilio. Where have you gone, Joe DiMaggio? Me and
Julio, down by the schoolyard. (Danger Paul Simon: lawyer approaching:
your audio portfolio's been stricken with polio!) Play an adagio replete
with arpegios. It's on the radio, four dead in Ohio. Eat a pistachio on
the patio. Double the ratio.  No fellatio for the Lothario: bad scenario.

-- 
Luke Jones = luke/vortex/frii/fullstop/com