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Linux for the Legal Community: a Primer

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Linux for the Legal Community: a Primer Domain name disputes: A view from the Antipodes 17 Australian law does not have an equivalent 29 Note 16 at page 5. Issues & Conflicts of Law when Overseas aegis, although it could be argued that s 120(3) 30 Note 16 at 6. Courts Challenge your Web", Computers & of the Trademarks Act 1995 (Cth)17 or s52 of 31 Note 23 at 7. Law No.37 Dec. 1998, page 32. the Trade Practices Act 1974 (Cth)17 gives 32 State of Minnesota v. Granite Gate Resources 39 Prince Pic v. Prince Sports Group Inc. similar protection. No. C6-95-7227, 1996 WL 767431(Minn. (unreported). 18 Anthony J. DeGidio Jr, "Internet Domain Ramsey County Dist. Ct. Dec. 11,1996). 40 Harrods Limited v. UK Network Services Names and the Federal Trademark Dilution 33 Note 27. Limited & Others December 9, 1996, Act: A La w for the Rich and Famous at http:// 34 Playboy Enterprises Inc. v. Huckleberry Lightman J (unreported). www.lawoffices.net/tradedom/sempap.htm. Publishing Inc. Unreported SDNY1996. 41 Pitman Training Limited and PTC Oxford 19 Intermatic Inc. v. Toeppen, 1996 WL 622237 35 In a more recent and not unrelated Limited v. Nominet U.K. Limited and Pearson (N.D.ILL). development, USA Today reported (on 11 Professional Limited at http:// 20 Panavision International, L.P v. Toeppen, 1996 February 1999) that Playboy Enterprises has www.open.gov.uk/lcd/scott.htm. WL 653726 (C.D. Cal.) commenced litigation against portal sites 42 At http://www.gtld-mou.org/gTLD- 21 15 U.S.C.S 1125(c). Excite and Netscape for trademark MoU.html. 22 NTIA Statement of Policy at http:// infringement because searches on those portal 43 At note 24. www.ntia.doc.gov/ntiahome/domainname/ sites using words trademarked by Playboy 44 At http://www.ntia.doc.gov. 6_5_98dns.htm. Enterprises (such as "Playboy" and 45 At note 24, page 5. 23 Interim Report of the WIPO Internet Doma in "Playmen") returned search results which 46 Note 24 at page 7. Name Process at http://wipo2.wipo.int. included banner ads for ^hard core 47 Australia's response to the Green Paper at 24 Simon Jones, "Domain Names: Where to pornography web sites which are benefitting http://www.noie.gov.au/dns/ausreply.html. Next?" [1997] 4 C TLR 199. from a misappropriation of Playboy 48 Note 24 at page 34. 25 NSI Policy (Revision 03,25 February 1998) at Enterprises' 'goodwill and reputation'. 49 Note 24 at page 70. http://www.rs.internic.net/domain-info.html. 36 Zippo Manufacturing Company v.Zippos Dot 50 See http://www.noie.gov.au/ 26 Section 5 "Domain Name Allocation Pblicy" at Com, Inc., 952F.Supp. 1119 (WD. Pa., Jan 16, 51 See http://www.au.moniker.net/#objects http://www.ina.com.au. 1997). 27 At http://www.inta.org. 37 Note 32. 28 Note 16. 38 Bernadette Jew, "Cyber Jurisdiction-Emerging Linux for the Legal Community: A Primer Con Zymaris, Cybersource Pty Limited Abstract: Linux is perched at the due to the fact that its core operating web servers (Apache), emailer precipice of overflowing out of the instructions, its source code, are fully transports (qmail and sendmail), technical IT community from which disclosed and open for all to see. Due development tools (Perl, GCC, it sprang and onto the general to this, and also to its burgeoning Python, PHP) and many more. There consciousness of all computer users. success, Linux is spearheading a are often specific and subtle What is Linux, and how does it affect method of software construction and differences between the philosophies information technology users distribution which will have broad and legalities of various open source amongst the legal profession? This repercussions for all computer users. and freed software licences, which paper will endeavour to answer these This method is called open source. we will cover shortly. While open questions. source as a concept may be new to The term 'open source' is well defined many people, it has been around for While you may by now have heard of by one of its foremost proponents, quite some time. Most of the Linux, it is perhaps worth a re- Eric S. Raymond (1). In essence, the technologies which spawned the introduction. Linux is an operating basic tenets and philosophy of this Internet, and which now keep it system, like MS Windows, MS development paradigm are that running are based on open source Windows NT and Novell. Linux software is developed and distributed tools. These tools have proven doesn't need Windows or DOS on a in an open manner. The source code themselves (and their by which they computer to work correctly. It can is provided. The software may be were developed) as highly viable. The however coexist (dual boot) with distributed freely. Others may extend next time someone drops a comment Windows. Unlike Windows, Linux the application, or derive from it, but about not risking the use of open can also run happily on Apple always making their contributions source applications in a mission Macintosh hardware, on Sun available under the same conditions critical process, remind them that if SPARCStations, on HP PA-Risc as the original software (2). There are they rely on their web server being systems, on Palm Pilots, and even on a great number (perhaps tens of available to the outside world, or if NEC Supercomputers. Linux is also thousands) of open source they use email in business, they perhaps the first operating system to applications available. The ones that already heavily rely on open source be developed on the Internet It is also most people are aware of are operating applications. perhaps the most well understood systems like Linux and FreeBSD, operating system by technologists, utility and systems tools like GNU, 34 COMPUTERS & LAW Linux for the Legal Community: A Primer Strictly speaking, 'Linux7 refers to the of starting with Linux is to buy a copy verification provided by peer review, piece of code at the core of an of the APC Linux Pocketbook for refutation for issues such as security operating system, the kernel. In order $14.95 (15). You can also acquire the is possible, learning of techniques by for an operating system to be useful full equivalent software from a CD new practitioners is a great advantage, in any way, it must be surrounded by clearing-house like CheapBytes (7) for as is modification and redistribution a myriad of utilities and tools which perhaps US$1.99, which merely pays of the code under similar licence together, produce a viable 'whole7. for the CD media and a nominal conditions. It's possible that the open These other components normally duplication/service charge. Once you source development process will bundled with Linux are also open have this software in your possession, eventually become the most successful source. Linux has the same you can install it, fully, legally, on as due to its advantages of openness and functionality and is very similar to many computers as you wish. We are the free exchange of ideas, and the Unix, oft described as the most indeed, not in Kansas any more Toto. steady accumulation of program powerful of operating systems. Due source code available to all. The open While all this talk of low/no cost may to trademark requirements however, source development method may catch our attention, and availability Linux cannot be legally called 'Unix7, overtake competing software of source code sounds esoterically without paying the XOpen group's development methods to achieve this interesting, the real force behind the licence requirements. For numerous status by consistently delivering recent Linux momentum, the reason reasons, this is unlikely to happen. better results. So far, it's on the right why it is in fact turning heads, is it These include the fact that, much like track. works, and works well. Its the Internet, Linux is a co-operative combination of power, flexibility, While all these issues of performance construction, not owned by anyone, performance and stability, produce a and capability are nice, why should thus no central body exists to fork over great contender. Linux has by now, the average mser be interested in monies for a 'Unix7 branding. achieved a legendary status amongst Linux? After all, it has obviously Furthermore, many argue now, more technologists who have come to rely sprung from a group of technologists. than ever, Unix needs Linux for on its robustness. It is common to have What compelling reasons exist for the survival rather than the other way a Linux system run for several mainstream computer user, or for that around. Perhaps 12 months ago, hundred days at a time, without matter users with specialised needs Microsoft's Windows NT appeared to failure. To many of us who spent the like lawyers, to consider Linux for be on an inexorable path to becoming most of the 90's working within the their next information technology the dominating operating system Windows or Macintosh realm, this solution? This can be answered platform. Now, just a year later, this kind of 'uptime' is difficult to through explicit reference to the not only seems unlikely, but comprehend. Also, benchmarks on Internet. Possibly not for the obvious Windows NT's position in the the same hardware have shown that reasons that Linux makes a wonderful enterprise has been severely Linux performs from 40% to 250% vehicle for Internet communications weakened through a combination of faster than Microsoft's fastest and service, but through an analogy. slip-ups from Microsoft, and the operating system, Windows NT 4.0 (8) The Internet was in existence for onrush of Linux.
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