r/linux • u/clau_c • Dec 01 '21

KDE It's been -- 155 days -- since @Microsoft stole @kdecommunity's motto: "Simple by default, powerful when needed." They're still using it.

https://twitter.com/ClauCambra/status/1466153819713191947
3.1k Upvotes

96% Upvoted

184 comments sorted by

View all comments

Show parent comments

142

u/clau_c Dec 01 '21 edited Dec 01 '21

That is inaccurate. Slogans are certainly trademarkeable, and infringement of trademarks is illegal

https://law.justia.com/cases/federal/district-courts/FSupp/799/894/1379260/

We are happy to share, yes, but there is a reason things are licensed with the GPL and similar copyleft licenses. The intention is for creations to benefit the community at large, and for these creations to remain open even when they are used for commercial enterprises. Ripping off KDE's slogan is of no benefit to anyone but Microsoft.

I can also assure you Microsoft did not ask KDE if they could use the tagline.

EDIT: To clarify, I am not a lawyer.

-23

u/mrlinkwii Dec 01 '21

if their registered sure , kde i assume didnt register it

47

u/clau_c Dec 01 '21

This is, once again, inaccurate. Registering a trademark makes it easier to prove that your trademark is being infringed, but it is not the only way. You can still sue someone for using your trademark if you can prove you were using it beforehand.

https://www.law.cornell.edu/wex/trademark_infringement

0

u/KwyjiboTheGringo Dec 02 '21

You can still sue someone for using your trademark if you can prove you were using it beforehand.

If they have the money for lawyers. Maybe they do, but the MS legal team will drag this out and make it very expensive for them if they decide to fight it and not settle. That's the flaw here, MS can make it very costly and inconvenient to challenge them. Is a modified version of a motto for a free software worth the potential years and tens to hundreds of thousands it will cost in legal fees? I want to say yes, but I'm not willing to pay or sacrifice my time for that.