Bonum Certa Men Certa

Debian, CentOS, RHEL source code demise now linked, accelerated after invalid trademark judgment

posted by Roy Schestowitz on Feb 27, 2025

February 26, 2025

Reprinted with permission from Daniel Pocock.

When IBM Red Hat stopped releasing source code for RHEL, people expressed relief that they have an alternative in Debian. Not so.

There is one sentence in the invalid trademark judgment that dramatically heightens the risk of Debian's takeover and demise.

Remember, the Swiss Intellectual Property Office has told us that the judgment is not actually valid.

Nonetheless, the rogue Debianists continue to boast about it. It doesn't contain any finding of wrongdoing. Rather, the most significant thing is this line:

la marque internationale « Debian » qui est notoire dans le domaine informatique au niveau mondial au sens de l'art. 6bis de la Convention de Paris

In trademark law, the definition of a "well known" mark is actually a very high hurdle to achieve. There have been forty similar cases at the Swiss Intellectual Property Office and in every case they rejected the claim that a mark had reached the "well known" status.

Nonetheless, we now see that a judge in a civil tribunal has written that the trademark could be "well known", like Coca-Cola or Ferrari.

Having such an assertion in a legal document, even if it is wrong, inevitably increases the book value of the trademark as a paper asset.

This, in turn, increases the value of both Debian and SPI for a hostile takeover.

Who could make a hostile takeover and how would they do it?

Well, we can already see that IBM has acquired Red Hat and that gives them control over some of my fellow Debian Developers.

Other companies known to control Debian Developers through employment arrangements are Google and Ubuntu.

Microsoft has begun employing some Debian Developers, Microsoft contributed multiple documents to the trademark case and Techrights has recently written in some detail about how Microsoft has taken over OSI, which was a spin-off from Debian.

All these companies, IBM Red Hat, Google, Ubuntu and Microsoft have a foot on the ladder.

One possibility is that Mark Shuttleworth decides to sell Ubuntu. For IBM in particular, the purchase of Ubuntu would be an indirect way of purchasing Debian. By combining the Debian Developers affiliated with both Red Hat and Canonical, they may get close to outright control of Debian and/or SPI.

Remember when they helped a whole bunch of Debian Developers to get shares in Red Hat at the beginning? How many of these people would also fall into line as part of an IBM Red Hat takeover of Debian?

Subject: RedHat Surprise
Date: Wed, 21 Jul 1999 00:09:50 -0500 (EST)
From: Matthew R. Pavlovich <mpav@purdue.edu>
To: debian-devel@lists.debian.org, debian-private@lists.debian.org

In light of RedHat's recent offer to many debian developers, I want to make a suggestion to those who do not accept RedHat's method of making the offer. Do not send back a nasty e-mail message cursing them for spamming. If you feel obligated to tell them your opinion, please consider using your non-debian e-mail address. It is very easy for people to mistaken the opinion of one for the opinion of the whole. EVERY e-mail message you send with a debian.org e-mail address reflects Debian as an organization. Redhat did not have to include anyone in their offer. This is a very considerate and thoughtful gesture on their part. Redhat is good for Linux as a whole. We may have some differences, but IMO they should not be viewed as our enemy. They are going to be investing a lot of money into Linux development, which means good paying jobs for open source developers. IF YOU READ ONE SECTION, READ THIS: ------- I am not saying anyone is wrong for having an opinion or that they should not express it, the focus of my point is to stress taking into account the fact that individual opinions are taken as opinions of the entire organization.
Matthew R. Pavlovich

With majority or outright control they could simply kill Debian, just like they killed CentOS and the RHEL source code.

To ordinary people on the street, it may seem stupid to suggest that IBM would pay a sum of up to a billion dollars to buy Ubuntu only so they could kill off competition from both Debian and Ubuntu in one go. Nonetheless, this may be a small price for IBM to pay to achieve years of monopoly in the future.

Its worth remembering how the Holocaust started on the Kristallnacht, 9 November 1938. The attack on the press started the day before, 8 November 1938, to pave the way for everything else. We've seen the same thing in the censorship of the open source software environment. Over $120,000 spent on legal fees that simultaneously censors some web sites and increases the book value of the trademark registration.

Debian people who accepted the strategies from lawyerists have shot themselves in the foot. They were fooled by the share offer in 1999 and they've been fooled again.

The recent vote to allow binary firmware in Debian was the thin end of the wedge. Voting was an opportunity for these companies to explore how much control they already have and see if any credible resistance remains.

Why would these companies contribute so much money to the legal vendetta which pushes up the future acquisition cost of the organization? Maybe they already have all their pawns in place to complete the takeover.

Microsoft, Open Source, Sarah Novotny

Please see the chronological history of how the Debian harassment and abuse culture evolved.

Other Recent Techrights' Posts

Links 04/05/2026: Energy Shortages Become More Visible, Germans Reject Military Service, Merz Says US 'Humiliated' Over Iran
Links for the day
KDE's Cornelius Schumacher Explains Why You Should be Slop-Free
Output is not measured by quantity of words
Links 03/05/2026: Insolvent US Bailing Out Google, Microsoft, Amazon, Nvidia, Oracle, OpenAI, and SpaceX
Links for the day
 
Links 04/05/2026: "DNC Covering Up Its 2024 Autopsy" and Rudy Giuliani in Critical Condition
Links for the day
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
ChromeOS and GNU/Linux Exceed 5% in New Zealand
Can we expect New Zealand and Australia to divest from GAFAM?
The Real News is Botnets (e.g. Windows With Back Doors), Not Iran
Let's focus on the botnets [...] Microsoft's aim is the opposite of security
SLAPP Censorship - Part 66 Out of 200: Alex Graveley Did Illegal Things, Then Asserted Mentioning Those Illegal Things is Privacy Violation
Alex Graveley "has suffered damage and distress" when the public found out he told women to kill themselves
The Corrupt Lecture the Non-Corrupt - Part XII - Outsourcing Everything to Microsoft, Which is Illegal
Today's EPO isn't about technology or law
Melissa Chan on Why Press Freedom Matters to Everyone, Not Just Journalists
dispelling a myth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 03, 2026
IRC logs for Sunday, May 03, 2026
Gemini Links 04/05/2026: Another Old Web Pillar Gone and Simple Lobsters Mirror for Gemini
Links for the day
SLAPP Censorship - Part 65 Out of 200: Graveley and Garrett Claims Are Word-by-Word Similar (They Also Collaborated All Along)
We'll keep it short today
IBM Has a Long and Rich History of Showing Chatbots Bear No Business Prospects (From Jeopardy to Watson Healthcare and McDonalds)
Watson Healthcare is already in the dustpan, so they are rebranding it again
Europe Decoupling is Bad News for GAFAM, Especially Bad to Microsoft
Countries want independence
India Needs to Recognise That the World Wide Web is Monoculture in India
In the US, a judge with Indian roots dealt with a case related to this; why won't India?
All-Time Lows for Windows Down Under
seeing the demise of Windows in Australia (historically a slow or low adopter of GNU/Linux) is good news
IBM's Kyndryl Accounting Fraud Explained and More Recently the Insiders Talk About Mass Layoffs
Judging by how the media totally ignored 800+ layoffs at IBM's Confluent and 400+ layoffs at Red Hat a few weeks ago don't expect to hear anything about Kyndryl layoffs
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026