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Oracle Will Not Voluntarily Withdraw JavaScript Trademark

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Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark

#81

Earlier quoted context omitted.

(Not a lawyer.) To have rights to a trademark, you have to use it in, well, trade. It’s not enough for a term to refer to a specific thing in normal usage, you must have a widely recognized claim on that thing. It should be in the customer’s interest that your thing not be confusable with thing-alikes that others may offer, specifically by having an exclusive right to be sold as the thing. And Oracle demonstrably doe…

Oracle has a pretty strong claim on Java, and JavaScript was named after Java explicitly to piggy-back on the that names recognition and success. It’s bit like saying McDonald’s shouldn’t have trademark claims on “McDonald’s carbonara” because they don’t deal in Italian cuisine (that much)

Or like saying McDonald's shouldn't have a trademark on "Big Mac" outside of beef burgers, because they don't regularly deal in "Big Macs" made out of chicken.

Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark

#84
post #70

Earlier quoted context omitted.

Just call it Browserscript, and be done with it. Call it what it is.

> Call it what it is NOT Browserscript then. JS moved beyond the browser almost 3 decades ago (rhino.jar, anyone?) and became mainstream on the server side almost a decade ago.

But it hasn't.. its just a browser running headless on the server.

Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark

#85
post #70

Earlier quoted context omitted.

> Call it what it is NOT Browserscript then. JS moved beyond the browser almost 3 decades ago (rhino.jar, anyone?) and became mainstream on the server side almost a decade ago.

But it hasn't.. its just a browser running headless on the server.

You’re confused, what you have in mind is Electron. NodeJS et al. use a JS engine, not a browser engine. NodeJS does not have DOM rendering or even parsing for instance.

Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark

#86
post #34

Earlier quoted context omitted.

> And by the way, and I've already fallen into this trap here, do not fall into the trap of anthropomorphizing Larry Ellison. Because if you--you need to think of Larry Ellison the way you think of a lawnmower. You don't anthropomorphize your lawn mower. Lawnmower just does, like, mows the lawn. Like, you stick your hand in there and it'll chop it off, the end. You don't think like, oh the lawnmower hates me, lawnmow…

> you need to think of Larry Ellison the way you think of a lawnmower. If a large enough number of people thought this way, they would awaken one morning to find their garages or yard sheds surrounded by Oracle lawyers.

Have most not already, with HOAs?

Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark

#87
post #60
post #41

Earlier quoted context omitted.

JavaScript can refer to the standard specification of ECMAScript, as well as the many implementations notably including v8 (chromium, node, deno), JavaScriptCore (webkit), and spidermonkey (Firefox), as well as some lesser known ones like duktape and QuickJS. And it can also be used to refer to an ECMAScript implementation plus an additional runtime platform like the Web API, or something like node or deno. And Oracl…

People use the term iPad to refer to non Apple tablets as well. That’s not an argument against Apples trademark. People may not like Oracle, but the arguments against them owning the trademark on the grounds that it’s used to refer to the thing that it actually is, are extemely weak. I can see the non-use argument being a viable path though.

What "is" JavaScript then? It's not the language specification (that's ECMAScript) and it's not the interpreters (that's Node, Deno, Bun, V8, Spidermonkey…), so what... is it?

And to follow up - how does Oracle use "JavaScript" in trade?

Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark

#89
post #17

Isn't the entire point of the term ecmascript created to resolve this?

Ecmascript was coined by ECMA International when they published the JS standard just to cover their ass and not get sued by Sun. It was never intended to be a name for the language, and has never been treated as such.

That's right -- Sun refused to donate the JavaScript tm to ECMA (now Ecma), MS jumped in and offered "JScript" which no one wanted, so the standard ended up with the ECMAScript name (still five first letters all capitalized), which also no one wanted.

Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark

#90
post #85

Earlier quoted context omitted.

But it hasn't.. its just a browser running headless on the server.

You’re confused, what you have in mind is Electron. NodeJS et al. use a JS engine, not a browser engine. NodeJS does not have DOM rendering or even parsing for instance.

I'm aware of it is, people are using it wrong. ;)
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