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Original URL: http://www.theregister.co.uk/2002/05/16/lindows_judge_throws_the_book/

Lindows judge throws the book at MS

The Microsoft Computing Dictionary, to be precise

By Andrew Orlowski in San Francisco (andrew.orlowski@theregister.co.uk)

Posted in Business, 16th May 2002 22:33 GMT

Lindows is a cock-a-hoop over a decision by a Seattle district court judge not to allow an injunction against the knock-off Linux distro.

That's because "windows" is a generic term, according to the Judge, denying the Microsoft motion. He cited evidence - including Microsoft's own dictionary of computing - to support the view that a window manager was already a generic term for a distinct class of software by the time Microsoft first announced Windows in late 1983.

At the time, computers running windowing systems were expensive and rare - the Apple Lisa was launched in January of that year - but the term itself had already been in widespread for some time.

One of the most curious facts highlighted by the case is that Microsoft only filed a trademark for "Windows" with the USPTO in 1990, seven years after the original announcement.

The judge's decision paves the way for a full trial in April next year. The Lindows site is here (http://www.net2.com/lindows/). ®

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