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JavaScript Leaders Demand Oracle Release the JavaScript Trademark

In an open letter, JavaScript community leaders urge Oracle to give up the JavaScript trademark, arguing that it has been effectively abandoned through nonuse.

JavaScript Leaders Demand Oracle Release the JavaScript Trademark

Sarah Gooding

September 16, 2024


The JavaScript community is rallying behind a new cause: freeing the JavaScript™ trademark from Oracle’s grasp. An open letter on javascript.tm, backed by Node.js creator Ryan Dahl, JavaScript-creator Brendan Eich, JavaScript spec editor Michael Ficarra, and other notable leaders, calls on Oracle to relinquish its claim over the trademark.

The argument is simple: JavaScript has evolved into a universal term representing an entire ecosystem, and Oracle's hold on the trademark is both outdated and unnecessary. By officially abandoning the trademark, Oracle could allow the language to fully embrace its status as an open and community-driven technology.

A Little Essential History#

The birth of JavaScript in 1995 is one of the most pivotal moments in web development history. In just 10 days, Brendan Eich created the dynamic language while working at Netscape, which partnered with Sun Microsystems to promote it under the name "JavaScript."

Three years ago on the Lex Fridman podcast, Eich explained why JavaScript was developed as a companion language to Java:

JavaScript quickly became the backbone of interactive, user-friendly websites and applications worldwide. When Oracle acquired Sun Microsystems in 2009, the JavaScript trademark went with it. In the nearly three decades since JavaScript was crated, neither Sun nor Oracle have built a product using the trademark. Oracle has consistently resisted every request to release its grip on the trademark.

A Call to Action: Free the JavaScript Trademark#

Two years ago, Ryan Dahl penned a polite request for Oracle to release the trademark, which sparked a healthy amount of discussion on Hacker News but was studiously ignored by Oracle.

Today, Dahl and his co-signatories are making the case that Oracle has “abandoned the JavaScript trademark through nonuse," and are giving Oracle an ultimatum:

If you do not act, we will challenge your ownership by filing a petition for cancellation with the USPTO.

The open letter contends that Oracle's control over the trademark limits the community’s ability to freely use the name for projects, conferences, and educational purposes. Exhibit A: ECMAScript, the official standardized name, was adopted partly to avoid potential trademark conflicts, leading to confusion within the developer community.

Given that Oracle has not actively enforced or leveraged the trademark in recent years, the JavaScript community believes it’s time to make the term publicly available. The campaign urges developers, organizations, and JavaScript enthusiasts to show their support and push for Oracle to release the trademark into the public domain.

If successful, this movement could change how JavaScript is perceived, giving the community greater freedom to galvanize without the constraints of a trademark:

Programmers working with JavaScript have formed innumerable community organizations. These organizations, like the standards bodies, have been forced to painstakingly avoid naming the programming language they are built around—for example, JSConf. Sadly, without risking a legal trademark challenge against Oracle, there can be no “JavaScript Conference” nor a “JavaScript Specification.” The world’s most popular programming language cannot even have a conference in its name.

A few of the benefits of Oracle acknowledging the trademark as public domain:

  • Reduced Confusion: Removes the confusion surrounding the term "ECMAScript" and clarifies that JavaScript is the official name for the language.
  • Open Usage: Unrestricted use of the name "JavaScript" for projects, conferences, and educational materials.
  • Improved Branding: Allows the JavaScript community to develop a stronger and more unified brand for the language and its ecosystem.
  • Marketing Freedom: Enable developers and companies to market tools and resources without trademark concerns.

Socket CEO Feross Aboukhadijeh is one of the signatories advocating for this change. He highlighted the confusion caused by Oracle's hold on the trademark.

“As a longtime member of the JavaScript community, I believe it’s time for Oracle to release the JavaScript trademark,” Aboukhadijeh said. “JavaScript has become the foundation of modern web development, far beyond any single company’s control. By holding onto this trademark, Oracle perpetuates unnecessary confusion in the developer community. It’s time for JavaScript to be free, in name and in practice, so the language can continue to evolve and thrive without artificial barriers.”

At the time of publishing, more than 2,481 members of the JavaScript community have urged Oracle to release the trademark and support the intention to file a Petition for Trademark Cancellation with the USPTO. Read the full open letter and learn more about how you can support this initiative at javascript.tm.

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