Microsoft working on tiny Haiku PC

1

M$ already stole the Stinger code name when Be was in the IA development.
Now Haiku, that’s not even funny :x

http://www.infoworld.com/article/06/06/07/79023_HNmshaikupc_1.html

2

It’s not entirely new news:

http://www.microsoft-watch.com/article2/0,2180,1789084,00.asp

and

http://www.microsoft-watch.com/article2/0,2180,1931209,00.asp

It may be unfortunate, however, if MS decides to trademark the name and go after everyone else that is using it.

3
umccullough wrote:
It may be unfortunate, however, if MS decides to trademark the name and go after everyone else that is using it.

I don’t know much about law or trademarks… but how does prior art affect it? We have been using Haikuâ„¢ as a name in the computing industry since, June 2004. Do we have any defence to say they are stepping on our toes?

4
[Beta wrote:
"]
umccullough wrote:
It may be unfortunate, however, if MS decides to trademark the name and go after everyone else that is using it.

I don’t know much about law or trademarks… but how does prior art affect it? We have been using Haikuâ„¢ as a name in the computing industry since, June 2004. Do we have any defence to say they are stepping on our toes?

I’m not terribly familiar with the laws either - although patents and trademarks are managed by the same office here in the US - so maybe there are similar laws between them.

The interesting thing here for me is that Microsoft was using "Haiku" as a codename until recently - and now it seems as if it will be the actual product name.

5

Haiku isn’t trademarked in the US by Haiku, Inc - nor does it seem to be trademarked at all for computing services (USPTO database, as of today)

6

I wonder why MS haiku and haiku can’t coexist?

And drop the stones, MS (as corporation) propably doesn’t know anything about haiku yet. I feel that big corporations to adapt needs much more time than lifetime of haiku.

7
Cheery wrote:
I wonder why MS haiku and haiku can't coexist?

And drop the stones, MS (as corporation) propably doesn’t know anything about haiku yet. I feel that big corporations to adapt needs much more time than lifetime of haiku.

I wouldn’t necessarily count on Microsoft not knowing that Haiku exists… maybe they’re not worried about it yet, but it has the potential to contain the proper ingredients to give Microsoft some minor heart-burn in the future.

Even if Haiku doesn’t rise up to the levels necessary to take on Windows - the code and concepts could be used in other projects that could be capable of such an undertaking, and that is truly a powerful concept.

8
[Beta wrote:
"]
umccullough wrote:
It may be unfortunate, however, if MS decides to trademark the name and go after everyone else that is using it.

I don’t know much about law or trademarks… but how does prior art affect it? We have been using Haikuâ„¢ as a name in the computing industry since, June 2004. Do we have any defence to say they are stepping on our toes?

There are unregistered trademarks (that is de facto trademarks, which is what "Haiku" would fall under) and then there are registered trademarks (like "Microsoft" or "Intel").

You’re not required to register your trademark, but it does offer you better protection if there’s a dispute down the road. I’m no lawyer, but I researched this stuff a few years back and from what I gathered… basically whoever uses a trade or service mark first, whether they register it or not, is the owner of said mark. Since we’re the first (to my knowledge) to use “Haiku” to describe an operating system, we’re the owner. (Or rather Haiku, Inc. is.)

Also, trademarks tend to have domains; that is, someone could legally use “Haiku” to describe their new hydrogen-powered airplane, but not to describe an operating system they’ve created (since we already claim that domain). The lines between whether two marks fall in the same domain is a bit blurry IMO, but a good IP lawyer–or a few moments on the USPTO site–should be able to clear it up. That said, since Haiku is merely a code name, and for a piece of hardware, rather than software, I think MS is perfectly in the realm of legality at this point.

There are loopholes in that whole domain thing, though. When a trademark becomes so recognizable, it tends to take on a universal domain, i.e. I doubt you could start a shoe company called Coca-Cola.

9

I don’t believe MS actively collecting information from such events. After all, they are more like marketting power than technological eden. (actually, if I like about evolution of arts or computers, I’d stay far away from any contacts with MS and take a skeptical approach to their advertises.)

Latter thinking about MS, in marketting products, MS usually seems to use complicated sentences and buzzwords in advertising toys they call ‘products’. Actually, I believe nobody understand anything about their advertise messages. :smiley: And if you start digging up the stuff behind, you find buzzwords and lots of shit under the pillow.

umccullough wrote:
maybe they're not worried about it yet, but it has the potential to contain the proper ingredients to give Microsoft some minor heart-burn in the future.

Hah! You must go very low to not being a minor problem for MS if you are researching what you are doing and know what you are doing.

I think plan9 had even stronger possibility to totally take over, if people will learn about it’s capablities soon enough and breaks the anti-propaganda barrier plan9 community has.(anyway, it wouldn’t have any difference to plan9’s success because I consider it being already successful.) Thought, I’m not throwing away a good card even if I’ve better one; I still think haiku may have future even plan9 exists.

10
j_freeman wrote:
[Beta wrote:
"]I don't know much about law or trademarks… but how does prior art affect it? We have been using Haiku™ as a name in the computing industry since, June 2004. Do we have any defence to say they are stepping on our toes?

There are unregistered trademarks (that is de facto trademarks, which is what "Haiku" would fall under) and then there are registered trademarks (like "Microsoft" or "Intel").

I’ve always taken ™ as unregistered trademark (and understood that Haiku is an implicit unregistered trademark) because ® exists for registered… maybe I’m mistaken ?

11
[Beta wrote:
"]
j_freeman wrote:
[Beta wrote:
"]I don't know much about law or trademarks… but how does prior art affect it? We have been using Haiku™ as a name in the computing industry since, June 2004. Do we have any defence to say they are stepping on our toes?

There are unregistered trademarks (that is de facto trademarks, which is what "Haiku" would fall under) and then there are registered trademarks (like "Microsoft" or "Intel").

I’ve always taken ™ as unregistered trademark (and understood that Haiku is an implicit unregistered trademark) because ® exists for registered… maybe I’m mistaken ?

No, you’re exactly right. The USPTO allows the use of ™ for unregistered trademarks, but ® only for registered ones.

12

microsoft keeps sucking other companies names and credits (like apple years ago)
BaH