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Date:      Thu, 16 May 2002 11:33:42 -0700
From:      Terry Lambert <tlambert2@mindspring.com>
To:        Rahul Siddharthan <rsidd@online.fr>
Cc:        "Kevin Kinsey, DaleCo, S.P." <kdk@daleco.biz>, Matthias Buelow <mkb@informatik.uni-wuerzburg.de>, questions@FreeBSD.ORG, freebsd-chat@FreeBSD.ORG
Subject:   Re: MacOS X , FreeBSD, UNIX and kleenex
Message-ID:  <3CE3FB86.62AAE555@mindspring.com>
References:  <200205161409.HAA06888@eskimo.com> <20020516143155.GA2094@reiher.informatik.uni-wuerzburg> <060c01c1fcf8$7082e500$3dec910c@daleco> <3CE3F641.4E990CB3@mindspring.com> <20020516202441.I79514@lpt.ens.fr>

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Rahul Siddharthan wrote:
> > > > Oh, yes, I can already see the almighty The Open Group sue
> > > > Apple Computers, Inc. for trademark abuse. *laughs*
> >
> > Apple can do this because they have a UNIX license, which permits
> > them to use the trademark like this.
> 
> That's what I seem to remember from a year or so ago, but I can't find
> Apple listed on any of the "Open Branded Products" pages at
>   http://www.opengroup.org
> The Unix 98 registered products are from Compaq, IBM, NCR, SUN.  There
> are also Unix98 server, Unix98 workstation, and Unix95 registered
> products -- the last includes HP, SGI, FSC and Caldera, but no Apple.
> See http://www.opengroup.org/regproducts/complist.htm (the
> Unix93 link doesn't work).  A search on their on-site search engine
> for MacOS gives only one, irrelevant hit.

You are looking in the wrong place.

Look in the section defining the rules for the use of the
trademark.  All they have to do is include some of the UNIX
code anywhere in the product, and it's UNIX-derived and
therefore permitted to use the trademark on it.

This was a grandfather clause to prevent failure to pass the
certification process resulting in loss of use of the trademark.
It's an acknowledgement that what people were paying for was not
the source code, but the right to use the trademark.

-- Terry

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