JavaScript Trademark Update

https://deno.com/blog/deno-v-oracle4

tolmasky
In all seriousness, let's just rename it "WebScript". WebAssembly, WebGPU, WebRTC, WebWorkers. It fits. And it seems like there's no active trademark for it too (although I admittedly did not do a super sophisticated search).

The “Java” prefix still confuses new users, not to mention "bizdev" people, and probably leads to legal issues beyond just the trademark. "JavaScript" has always sucked as a name, we're just used to it now. Why are we fighting so hard for it? Let's just take this as an opportunity to name it something that actually makes sense. It will maybe be sort of annoying for a few years, but I'm certain one day we'll look back and not believe we used to call it "JAVA Script".

donatj
I was going to suggest just going back to it's original name of LiveScript but it looks like that was subsumed by a language from the creator of CoffeeScript. How rude.

Early in my career, in the early 2000's I was tasked with modernizing a massive site that had many <script type="application/livescript"> tags throughout. I still don't fully understand, wasn't really still the public under this name at some point?

mr_toad
That’ll confuse the hiring managers and recruiters.

“Your CV says that you use JavaScript/WebScript. Which one would you say you used most often?”

tolmasky
You’re thinking about it like a bug instead of a feature. When HTML5 was announced everyone expected it on your resume like every other buzzword. WebScript should be pitched like that: the hot new thing. Managers won’t be confused (or rather, no more confused than usual), they’ll be excited. And for the first time in tech history, people will actually have 5 years experience in a technology that was announced this year.
lkirkwood
This is a funny thought, but do you think this would really happen? Surely anyone hiring a programmer would be aware of this.
askonomm
From what I understand of modern hiring practices, the automated systems match for exact keywords, and if WebScript is not in the system, you don't get matched, and no actual human will even see your resume.
undefeated
Surely you've never read the job description for a programming position
egorfine
Oh, I mostly use ECMAScript these days.
andyferris
I mean... did Oracle consult the government in Jakarta about their use of the term Java? There are more than 100 million people there and we squabble about the conotations of the name of a programming with the name of another programming language whose name has connotations about someone elses island which is actually a connotation about some coffee some programmers drank who felt Jolt Cola is so Microsoft and isn't as cool as freshly roasted beans anymore (...in 1996).

But WebScript I could actually get behind! (if the case fails)

tolmasky
I agree that Oracle's case has no merit, for all sorts of reasons. But the time investment is asymmetric. It is easy for them to drag their feet, it is easy for them to confuse the judge who is almost certainly unfamiliar with the bizarre naming history of this language, and they have nothing better to do. Oracle can throw 100 interchangeable lawyers at this. Meanwhile, this is sucking the time of unique individuals like Ryan Dahl. It is a tragedy that his attention should go to this.

But this is especially so given that JavaScript isn't even a good name. It would be one thing to fight this on principle if the name was great, but it isn't. In fact, the name was specifically originally chosen due to its confusion-causing powers -- the unfortunate reality is that JavaScript was chosen precisely to ride the coattails of the then hot new technology Java. This was a horrible idea from day one. No one would suggest I name a new unrelated programming language "SwiftScript" or "RustScript" today to benefit from the popularity of those languages. It would be both tacky and shortsighted. Is it tacky enough to change in isolation? No, it would just be yet another unfortunate part of tech culture, like "referer" only having 3 r's instead of 4. But it absolutely is tacky enough to give up if we are facing some huge case against an actor that is quite literally infamous for their stubbornness in court. No one at Oracle is thinking about this for longer than 5 minutes, while it is causing tremendous grief to Ryan and half the JavaScript community. Why give them that? Let Oracle own all the shitty Java-related trademarks. We're not even handing them a win. The JS trademark will become worthless once we all switch to WebScript, and as an added bonus it won't even accidentally provide even a tiny bit of free marketing for any other their technologies like JavaScript maybe does today. Their reward can be a step further toward of obscurity, self-excising themselves from their current unearned appearance in the history of the web whenever JavaScript is mentioned.

maxk42
Oracle, to my knowledge, does not profit at all off of the JavaScript name or brand. I don't see the purpose of defending this lawsuit. They have an opportunity to create some goodwill here, hold a press release, and say "We're gifting the JavaScript trademark to the developer community!" But instead they're defending something that they literally do not profit off of. It's absurd.
breve
> They have an opportunity to create some goodwill here

According to Bryan Cantrill, you don't need to be open minded about Oracle. It's a waste of the openness of your mind. He says what you think of Oracle is even truer than you think it is. He believes there has been no entity in human history with less complexity and nuance to it than Oracle.

Bryan warns, "Do not fall into the trap of anthropomorphizing Larry Ellison. You need to think of Larry Ellison the way you think of a lawnmower. You don't anthropomorphize your lawnmower, the lawnmower just mows the lawn. You stick your hand in there and it'll chop it off, the end. You don't think 'oh, the lawnmower hates me' -- the lawnmower doesn't give a shit about you, the lawnmower can't hate you. Don't anthropomorphize the lawnmower. Don't fall into that trap about Oracle."

https://www.youtube.com/watch?v=-zRN7XLCRhc&t=1981s

heybales
This is so true. And in my experience Oracle's main business seems to be getting companies to sign complicated contracts, waiting a year or two, and then suing them for some infraction so that they can extort another contract from them. I haven't met an Oracle product yet that can't be done better by either free software or a less litigious company.
Beretta_Vexee
I personally have come to the conclusion that behind every major open-source or free software success story, there is a completely dysfunctional market. Without this, it would be impossible to find enough people willing to say, “Fuck that shit, we're going to recode this ourselves.”

The fact that there are so many people motivated to code alternatives to Oracle products says a lot about Oracle's business practices.

pjmlp
The only good SQL tooling I am aware of, really good with compilers, debuggers, IDEs, is MS SQL Server.

Then stuff like distributed transactions, raw disk access for databases, among other niceties that people reaching to Postgres or MySQL probably never heard of, but many Fortune 500 enjoy, even if one for checking bullet points on RFPs.

Postgres comes second, after getting all puzzle pieces together, some of them also commercial.

jjice
There is nothing I take more glee in than listening to bcantrill talk negatively of Oracle. Whenever Oracle comes up in one of his talks or a podcast, I know I'm in for a treat.
rendaw
GP is saying from a purely mechanical, non-human standpoint Oracle's actions don't make sense.
josefx
It doesn't "make sense" for a lawnmower to cut hands either, it isn't a meat grinder after all. However it is a blade attached to a motor and from a purely mechanical, non-human perspective it will cut whatever comes within reach.
Groxx
Oracle defends their properties whether it makes sense or not. That is what the machine does.
homebrewer
They could reverse 90% of their brand damage in one swing by simply updating CDDL to allow integrating ZFS with GPL, which also wouldn't cost them anything as far as I'm aware, but we're both making the mistake of anthropomorphizing the lawnmower.
cxr
Ignoring how Sun/Oracle's shenanigans with ZFS don't nearly account for "90% of their brand damage"...

> simply updating CDDL to allow integrating ZFS with GPL

That can't be done at this point. Owing to a decision that arose right here from a discussion on HN, the ZFS maintainers adopted a policy in 2016 to opt out of the CDDL's built-in "any subsequent version" clause for new source files:

    ~/scratch/zfs$ grep --exclude-dir=.git -Ire "Common Development and Distribution License" -A 2 | grep -ie "\(Version 1\.0 only\|\<only\>.*\<version\>\)" | wc -l
    821
(The CDDL is a file-based license. At the time of that decision, there were already roughly a hundred CDDL-licensed files in the source tree specified as available under "Version 1.0 only".)
muglug
> They could reverse 90% of their brand damage

Their stock is 50% higher than it was a year ago.

Not quite sure this is doing them damage.

Lerc
Making a concession when they have not been forced to might indicate weakness to some. In that sense showing a speck of humanity might actually harm their stock.
moritzwarhier
Since Oracle is not in B2C, there is no brand damage in openly being a net-negative rent-seeker. Rent-seeking is what shareholders crave. It makes line go up, it has electrolytes.
singpolyma3
Oracle's official position is that CDDL is GPL compatible and no changes are needed.
drdaeman
Nowadays, it's a lawyer company - not a technology/software company. Their only reason for existence is to keep selling licenses for the things they own for as long as they still can, so it's pretty natural they're holding on to anything (regardless of actual value) they can.
vips7L
It’s a huge company with different divisions.

Oracle is one of the leading researchers in JIT compilers, garbage collectors, and language interpreters.

coldpie
I would never hire someone with Oracle on their resume. The complete lack of morals it takes to work there is immediately disqualifying.
bigiain
Part of me thinks that's just the Oracle equivalent of janitorial and catering staff, the people you need to keep around to ensure the people creating the company profit, the sales people and lawyers, can work most efficiently.
johannes1234321
Back when Oracle acquired Sun they told us "Sun had more lawyers per capita than we"

Interpretation on the fact and metric and the need to tell I leave up to you

WD-42
They have lawyers that need to justify their salary. Also why would they give up something for nothing. This is the “market forces” at work.
hn_throwaway_99
I think this is key. When you hire people to do work, they'll find stuff to do even if it isn't really necessary or a long term good for the company.

My favorite other example of this is when I see a UI redesign that didn't actually benefit anyone and was more a style change than anything, and sometimes actively makes usability worse (cough Liquid Glass cough) In those situations I always think "well, some designers on staff needed to justify their paychecks".

lovich
These are all the result of the principal agent problem

https://www.investopedia.com/terms/p/principal-agent-problem...

qingcharles
It's not even justify their salary. A lawyer's sole job is to advocate for the legal position of their client as zealously as possible. A really good chief counsel would go to the CEO and weigh up the merits of the marketing win of "losing" this case. A drone lawyer just files whatever is necessary (or even unnecessary) to fight the case even when it makes zero god damn sense. e.g. giving a person a 25 year prison sentence for stealing a slice of pizza.
thayne
> Also why would they give up something for nothing.

Because it provides zero value and costs something to keep.

lvl155
Thank you to everyone behind this effort. At some point, decades ago in the past, Oracle added value to the tech ecosystem. Now, they’re a giant rent-extracting behemoth. I hate the fact that we can’t have nice things in 2025 simply because Oracle owns the IP. Oracle is what happens when corporations become lazy and hand over the keys to some brand names just because “no one ever got fired for buying/hiring _____.” I hope those days are past us.
Someone1234
Sun Microsystems definitely added value, tons in fact.

Oracle's contributions are less clear-cut, particularly if you don't count all the acquired "achievements."

gardnr
Sun did engineering. Oracle does business.

I’d be surprised if Oracle released the trademark without a fight to the end. They have a special way of decimating open source projects.

beanjuiceII
oracle does engineering just fine, and they are actually still around...so maybe Sun was doing it wrong
quest88
Who is responsible for the java API updates?
pjmlp
And not a single company bothered to acquire Sun, after Gooogle torpedo it with Android (aka Google's J++ and .NET).

Had it not been for Oracle, Java would have died on version 6, and it remains to be seen what would have happened from anything else.

reddalo
Damn I miss Sun Microsystems products.
osigurdson
Those days will probably never be behind us because incentive structures in companies make employees risk averse.
fluidcruft
When has Oracle ever added value whatsoever to the tech ecosystem?
homebrewer
If it's an honest question and not just the beginning of a hate-fest, let's think...

Both Java the language and OpenJDK the main runtime & development kit have had much more money and manpower poured into them under Oracle than they ever had previously. Both continue to advance rapidly after almost dying pre-Oracle acquisition.

MySQL 8 (released in 2018) was a massive release that brought many long awaited features (like CTEs) to the database, although MySQL's development have stalled during the past few years.

Oracle employs several Linux kernel developers and is one of major contributors (especially to XFS and btrfs): https://lwn.net/Articles/1022414

Not top 3 or even top 10, but better than most companies out there.

That's all I can remember.

edit: after thinking about it for a couple more minutes, they're also the main developer of GraalVM — the only high quality FOSS AOT compiler for Java (also mentioned by a sibling comment), and are writing one of the major relatively lightweight modern alternatives to Spring (the other two being Micronaut and Quarkus): https://helidon.io

arp242
There's also VirtualBox (inherited from Sun). And probably some other things. Although from what I heard you risk being besieged by aggressive Oracle salespeople if they suspect you're using one of the proprietary "extension pack" features. This sort of thing is why I would think very hard before using anything from Oracle.
pjmlp
Regarding Java, also to note that alongside IBM, they were cooperating with Sun since the very early days from Java, including the Network Computer efforts, for Java based thin clients.
tombert
I don’t love Oracle, but GraalVM is pretty cool. That and the vanilla JVM keeps getting updates.
ternaryoperator
They've done a ton of stuff with Java, including open-sourcing it in its entirety.
jennyholzer
Everyone uses “JavaScript” to describe a language.

Oracle is a parasite.

Fogest
Honestly, I had no idea JavaScript was even a trademarked name. I've always just assumed it's the name of a programming language and had no idea it had anything to do with Oracle.

I guess I don't feel bad not knowing this though, as the language really does have nothing to do with the company it's insane that they even hold a trademark for it.

Waterluvian
Aren’t there laws about this? Where “Kleenex” becomes so universally }}]%^* )!;&
WD-42
Pretty sure that’s what the whole suit is about.
90s_dev
Animal Well has an item called "flying disc" or something since Frisbee is TM.

To google something has for decades for millenials meant search online in any way.

Trademark law is dumb and inconvenient. Only people owning trademarks disagree.

But so are many other laws. We all just have to follow them all anyway.

sokoloff
Trademark law is what allows me as a consumer to buy a Coke and know I’ll get a Coke.

I find that convenient, despite owning no trademarks.

tialaramex
No.

You're probably thinking of Genericisation. This isn't a law in the sense you probably mean, there is no statute about it, no legislature wrote it, nobody signed anything. Instead Genericisation is a legal doctrine related to the core idea in trademark law that we can't have exclusive use of descriptive marks.

Suppose you make a Big Car and you try to trademark "Big Car" as your exclusive mark for this new product. That's just describing the car, it's generic so you can't do that, it's OK to trademark "Giganticar" or "Waterluvian Car" or something because people can describe what their similar product is with the words "big car" but if you were allowed to own "Big Car" they can't do that.

Genericisation says well, if your product is so successful that now everybody knows what a "Waterluvian" is, and most people shown a new big car from say, Ford, say "Waterluvian" so that even Ford's sales people struggle to teach the guys on the forecourt not to call this a "Waterluvian" - that's now a generic term, you can't stop Ford just saying they're making a Waterluvian.

Genericisation only applies for crazy famous stuff. Kleenex is an example because your mom knows what a kleenex is, the guy who mows your lawn knows, Elon Musk knows, everybody knows, that's actually famous. Javascript probably wouldn't meet that requirement. My mother does not know what Javascript is, my boss does, because he's a software engineer, and maybe the average numerate graduate knows, but I wouldn't bet a lot of money on it.

Dilution is a related idea, also for very famous things. Dilution says for these famous things it's not OK to use the famous mark for any other purpose even though it's not related. So Disney toilet paper isn't OK, Coca-Cola brand vibrators, not OK, and so on. Nobody thinks the vibrator is a beverage, but Coke is so famous that doesn't matter. That doesn't impact here either.

its-summertime
The amount of people that use JavaScript to refer to the Oracle-provided JavaScript is zero, the amount of people who can refer to the Oracle-provided JavaScript over the last 10+ years is zero. Because it isn't a thing. I'm pretty sure that is against trade mark regulations.
make3
Is there a relative component to the evaluation of genericisation? eg., if only truck drivers know about the term Waterluvian, but the vast majority use it in the generic way, then it's generic? Because it would be a relevant update to that law, & apply here
nailer
If Oracle win we rename the language JS. JS stands for nothing.
brian-armstrong
We can just start calling it by its full Christian name, Eczemascript
throwawayoldie
How about OS, where the "S" now stands for "sucks", and the meaning of the "O" is left as an exercise for the reader.
aleph_minus_one
This will cause confusion with OS for "Open Source".
zakki
I guees we can use a name from island near Java. BaliScript, MaduraScript, KarimunScript and so on.
Timwi
Or JoeScript, substituting one slang term for “coffee” for another.

TypeScript is now called DecafScript.

pezo1919
We renamed master to main for nonsense. Broke everything. Still, companies and people were proud of it (lol).

Why we do not just use EcmaScript from now on in conversations and as a trend so the issue is solved. A joke to me.

wobblyasp
What did it break for you? It was a relatively straightforwardly renaming process.
globular-toast
I've discovered submodules and build pipelines broken due to a changed name within the last year. Doesn't help that some people are late to the party and still changing things now. But, hey, at least I've done my part against slavery /s
globular-toast
Names are a funny thing. When gay marriage was still disputed I argued for just dropping the word "marriage" from law. My country has had civil partnerships available to all since 2000, which is gay marriage in everything but name. A decade later and people were still fighting for the name. I don't get it but language is a powerful thing and means a lot to some people.

As for master->main, that was just fake activism by people desperately wanting to be a part of something but not prepared to put in any actual work to convince anyone of anything they don't already agree with. Convincing people to drop the name JavaScript would be difficult due to the attachment and perceived loss to an evil company.

wiremine
The cartoon explaining Oracle's org structure feels appropriate:

https://newsletter.pragmaticengineer.com/p/code-review-on-pr...

moritzwarhier
Deno should start a campaign with the slogan "Did you know that JavaScript has nothing to do with Java? (except for court trials)"

I'd donate.

twoodfin
I don’t mean to be pedantic, but beyond the deliberate syntactic echoes, JavaScript and Java were the first two languages with (incompatible!) object-oriented data models enforced by the runtime to achieve widespread adoption with longevity (sorry, Smalltalk!)

Python was invented earlier, but didn’t see wide use until later.

And that they were both massively accelerated by the level of interest in the early WWW is undeniable. No other general purpose languages can say that except perhaps Perl, and it slowly burned out.

johannes1234321
Well, the models were in so far compatible as that JavaScript could access them to some degree from applets. Which is why they picked the name ...
devjab
> Which is why they picked the name ...

Is that really true though? As I understood it JavaScript was mainly adopted because Java was popular at the time. JavaScript originally shipped as LiveScript, and they changed it to JavaScript later. Here is a nice quote on it from Brendan Eich:

“The name JavaScript was chosen when Java was hot, and we were doing LiveConnect to hook up JS to Java applets.”

Here is one from David Flanagan:

“JavaScript was originally developed under the name Mocha… It was renamed JavaScript in a co-marketing deal between Netscape and Sun Microsystems.”

moritzwarhier
Interesting point, but I'm not able to judge the trutfulness.

So the JVM has a runtime-enforced nominal type system (and object model) with classes.

But JS, to my knowledge, only has primitive types enforced at runtime, and no nomimal class system, unless you basically implement it yourself?

Uh, edit: maybe I get you now, it does have that in a way. But prototype identity and "instanceof" are rarely used in practise.

Maybe I'm missing your point here. Answering at late local time.

It would be so great to have a nominal type system in the browser though.

So many JS librarlies have their own version of it, and it causes insufferable headaches when combined with TypeScript.

Like, they use complicated hacks to make sure that their library objects are not structurall/duck typed.

twoodfin
classes != objects

Yes, the typing and semantic models are wildly different. The point is that they’re primitive in a way that the other widespread alternative, C++, did not inherit from its Cfront heritage.

cr125rider
Oracle is the definition of legacy. If you’re still using them you’re behind in the market and behind your competitors.
adamredwoods
bangaladore
Hugged to death on my end
tolmasky
I propose we rename JavaScript to "UntypedScript".