In this case, as in most cases where this accusation is thrown around, the lawyers are merely agents of the people actually doing the ruining. Also, trademarks are not bad things.
It appears as though the author of the software decided to commercialize it and now you fault him for trademarking it? I think you're kind of baseless in your argument here.
Update: I don't fault the guy for taking some software, re-writing it and then commercializing it. If the original authors didn't want to trademark the name or even protest the trademark application, then that is their fault.
The original LISTSERV software, the BITNIC LISTSERV (1984-1986), allowed mailing lists to be implemented on IBM VM mainframes and was developed by Ira Fuchs, Daniel Oberst, and Ricky Hernandez in 1984.
In 1986, Eric Thomas developed an independent application, originally named "Revised LISTSERV"
LISTSERV was freeware from 1986 through 1993 and is now a commercial product developed by L-Soft, a company founded by LISTSERV author Eric Thomas in 1994.
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Eric Thomas started a competing product years after the original LISTSERV, and trademarked the name. He didn't trademark Revised LISTSERV - just LISTSERV. He wasn't the first to use it, but will now be the last. I absolutely do fault him for that (I don't know where that stands legally, but I do know I wouldnt want to get sued to find out).