this post was submitted on 17 Aug 2023
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Linux
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From Wikipedia, the free encyclopedia
Linux is a family of open source Unix-like operating systems based on the Linux kernel, an operating system kernel first released on September 17, 1991 by Linus Torvalds. Linux is typically packaged in a Linux distribution (or distro for short).
Distributions include the Linux kernel and supporting system software and libraries, many of which are provided by the GNU Project. Many Linux distributions use the word "Linux" in their name, but the Free Software Foundation uses the name GNU/Linux to emphasize the importance of GNU software, causing some controversy.
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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.
Sure, what I was saying is that whether someone else created it in the 70s isn’t significant for trademark law. If multiple entities have been using it since then without claiming exclusivity would be significant.