Bonum Certa Men Certa

Debian trademark canceled

posted by Roy Schestowitz on Feb 23, 2024

Reprinted with permission from Daniel Pocock.

In November, I submitted a request to the Swiss intellectual property office to cancel the Debian trademark registration. In the request, I noted that the main reason for cancelation is my lack of confidence in the Swiss legal system. This is explained in much more detail in my earlier blog about Parreaux, Thiebaud & Partners / Justicia SA.

The fact that a small group of lawyers decided to fly too close to the sun is not very dramatic if it happened in isolation. What makes this case so outrageous is that the practices of Parreaux, Thiebaud & Partners were known to the bar associations for a number of years and yet the rogue firm continued trading. News reports told us they had 450 clients in 2018. A LinkedIn post from Mr Parreaux tells us he had 20,000 clients when the financial regulator shut him down in 2023. How many of those 20,000 clients could have been saved if the bar association and FINMA had acted two years earlier in 2021? They knew and they failed to protect the public and small businesses.

In every other industry, ethical disputes such as this can be escalated to the judiciary. For example, if there are disputes about a doctor or an airline pilot, they may initially resolve the matter within a professional body or they may escalate the dispute into the courts. The legal profession is unique in that it is the only profession that regulates itself. If lawyers can not resolve misconduct within their own ranks, there is no other profession who can come in and do it for them.

The only example that is remotely similar is that of the Catholic Church, where they decided they could ignore national regulations about abuse and investigate the complaints under Cannon Law. They even published the Crimen Sollicitationis, their own secret Code of Conduct for investigating abuse. Crimen Sollicitationis tells bishops that abuse cases should be kept hidden. We see exactly the same thing in Switzerland where FINMA published a verdict that redacts the names of the rogue lawyers so clients would be unlikely to ever find it.

FINMA, Parreaux Thiébaud & Partners, Justicia SA, Justiva SA, Mathieu Parreaux

While concern about the integrity of the Swiss legal profession is a significant factor in my decision to cancel the trademark, I want to emphasize one other point from the attempts to censor various web sites using the UDRP. In each of the censorship cases, aggressors have argued that independent web sites run the risk of tarnishing the trademark. In the case of Debian, I can't think of anything that tarnishes the trademark more than the repeated deaths of volunteers, including the volunteer who resigned to commit suicide on the Debian Day anniversary and in the middle of the 2023 legal vendettas, in the middle of the Debian annual conference DebConf23, another volunteer died in avoidable circumstances. Given the enormous damage that these avoidable deaths do to both the brand and the community, it feels absurd to spend money fighting over whether some independent web site has tarnished the trademark too.

If you have registered domain names containing the Debian trademark then it is recommended that you seek advice about whether your web site content meets the criteria for legitimate interests under the UDRP or similar fair use frameworks that apply in your jurisdiction. The judgment about the Scientologie.org domain name provides an interesting example where the right of copyright interests was deemed to be superior to the trademark rights. As all Debian Developers have copyright interests in our work, the Scientologie.org precedent gives us a strong defence against malicious UDRP cases.

From a practical perspective, if the Scientologie.org precedent authorizes legitimate interest and fair use web sites using the Debian domain name then it feels wasteful to spend large amounts of time and money arguing over which authors can have a trademark registration.

The ball is now in Jonathan Carter's court to decide whether he wants to continue vendettas into 2024 or whether he wants to use the Christmas season as an opportunity to bury the hatchet and stop attacking my family and I. Rogue elements of the Debian community began attacking my family at a time when I lost two family members. It reflects something uniquely bad about Debian culture and leadership.

Other Recent Techrights' Posts

EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
 
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs