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In a shocking twist, Oracle claims ownership of the JavaScript trademark while having no real connection to its creation or development, igniting a fierce legal battle led by Deno's creator, Ryan Dull.
In an unexpected turn of events, the trademark of JavaScript—the backbone of the web—has become a legal battlefield, pitting a brave developer against a corporate titan. As the stakes escalate, the implications for developers and the future of the language are profound. Let’s dive into the bizarre journey of ownership and the fight for the heart of JavaScript.
It seems like an absurd question—who owns JavaScript? It's as fundamental to the web as water is to life. Yet surprisingly, the trademark for the world's most popular programming language isn't controlled by its creator, its maintainers, or anyone involved in its ongoing development. The JavaScript trademark is currently held by Oracle Corporation—a company with virtually no involvement in JavaScript's ecosystem. This strange situation has sparked a major legal battle led by one brave developer willing to challenge a corporate giant armed with seemingly unlimited resources.
JavaScript's history begins in 1995 at Netscape Navigator. Founder Marc Andreessen envisioned transforming the web from static documents into a dynamic platform with rich client-side interactivity. This required embedding a programming language directly in the browser.
Initially, Scheme (a dialect of Lisp known for its first-class functions, closures, and dynamic typing) was the leading candidate. Brendan Eich was hired specifically to implement it. However, plans changed dramatically when Netscape formed a partnership with Sun Microsystems, creator of the then-hyped Java language.
Under pressure, Eich created a new language in just 10 days. This rapid creation combined:
The language went through several name changes:
This final name change gave Sun Microsystems the legal grounds to trademark "JavaScript," despite the languages being unrelated beyond superficial syntax similarities.
Sun Microsystems didn't survive the dot-com bubble collapse. In 2010, Oracle acquired Sun, inheriting all its assets—including the JavaScript trademark. This explains several peculiarities in the JavaScript ecosystem:
Oracle—a company more associated with enterprise databases and America's Cup sailing than web development—gained control of the most important programming language trademark in the world without contributing anything to its creation, development, or community.
Ryan Dahl, the creator of Node.js and founder of Deno, decided to challenge this situation. His fight has unfolded in several stages:
Phase 1: The Open Letter (2022)
Dahl published a blog post describing the JavaScript trademark as "a dark cloud looming over the world's most popular programming language." He suggested Oracle could generate goodwill by releasing the trademark to the public domain.
Phase 2: JavaScript.tm Campaign
After being ignored, Dahl launched a more formal campaign with legal arguments at JavaScript.tm. The petition garnered over 26,000 signatures, including support from Brendan Eich (JavaScript's creator) and prominent community members.
The petition made three key legal arguments:
Phase 3: Formal Legal Challenge (November 2024)
Deno filed a petition with the USPTO to cancel the trademark, forcing Oracle to respond legally.
Oracle eventually responded (after missing the initial deadline), disputing the fraud claim. They argued that submitting Node.js as evidence wasn't fraudulent because they also submitted Oracle JET, their little-known JavaScript UI toolkit.
The Trademark Trial and Appeal Board sided with Oracle on the fraud claim, stating that proving fraud requires demonstrating "knowledge and intent to deceive" beyond just showing the Node.js screenshot. More recently, Oracle addressed Deno's other claims, denying that "JavaScript" has become generic or that the trademark has been abandoned through non-use.
The legal battle continues into the discovery phase, where both sides will gather evidence throughout the next year. The case timeline looks approximately like this:
Whatever the outcome, this case highlights the strange disconnect between those who create and maintain technologies and those who control their legal rights.
The outcome of this landmark battle could reshape the future of JavaScript and impact developers worldwide. Don't stand on the sidelines—support the movement for open access to a language that powers the web. Sign the JavaScript.tm petition today and make your voice heard in this critical moment for the programming community.
