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

Slopwatch: Planet Ubuntu Became LLM Slop and Some People Fail to See the Immorality of Plagiarism
it lessens the incentive for people to publish real articles
Microsoft Layoffs Again in Bay Area
Microsoft relies on people's false belief that being "in LinkedIn" will get you a job; well, seems like even working inside LinkedIn really sucks and you lose the job
People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
 
Signing Off Serious Lies With a Statement of Truth is No Joking Matter
It's not hard to see what's happening here
Links 30/05/2025: LLM Slop Already Ingests and Vomits Its Own Garbage, Facebook Exec Admits Copyrights a Concern Too
Links for the day
Mass Layoffs at Microsoft Result in More Whistleblowers From Microsoft
Microsoft's predatory pricing is further
EPO Poll: 68% Dissatisfied With Quality of Slop (Wrongly Framed as "AI") for Patent Classification
Slop does not work, it's just falsely advertised with extra hype (funded by slop pushers that sponsor the major media)
Big Crowds Gather to Learn About Software Freedom From the Man Who Started GNU/Linux in 1983
"It was a great success"
Gemini Links 30/05/2025: Fighting Against the Bad News, and Slop is Dehumanisation Disguised as "Intelligence"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025
Links 28/05/2025: 'Emulation Layers' (Measurements and Linguistics), Libraries, and Discomfort
Links for the day
Links 28/05/2025: More Arrests for Bitcoin-Connected Torture and Prosecutions for Dieselgate-Linked Executives
Links for the day
Even Microsoft (MSN) Covers Richard Stallman's Public Talk in Milan 2 Days Ago
He spoke in Spanish earlier this month (Alicante)
Gemini Links 28/05/2025: Techo-authoritarianism With Slop Plagiarism and "No Online June" (Going Offline)
Links for the day
Links 28/05/2025: GitHub MCP Exploited and MathWorks Discovers Huge Windows TCO
Links for the day
Very High Attendance Level at Richard Stallman's Talk Shows People Can Relate to His Message
Smear campaigns have their limits
Gemini Links 28/05/2025: Celsius-Fahrenheit, Endless Scrolling/Infinite Scrolling, and Trapping LLM Slop Bots
Links for the day
Prison gate backdrop to baptism by Fr Sean O'Connell, St Paul's, Coburg
Reprinted with permission from Daniel Pocock
More Photos From This Week's Milan Talk by Richard Stallman
The posts are in Italian, not English
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 27, 2025
IRC logs for Tuesday, May 27, 2025