protecting trademarks and branding
Forrest J. Cavalier III
mibsoft at mibsoftware.com
Tue Jun 1 15:21:55 UTC 1999
One or two of the open source business models described
by Mr. Hecker at Netscape rely on trademarks and branding.
I did not find an existing open source license which best
supported this model, even though the model is mentioned at
opensource.org.
I believe that licenses which can be understood by the average
user are essential. And this means that either they are
widely known (GPL, LGPL, BSD) or are clear and concise (and
few licenses qualify on that point.)
I am not a lawyer. I have written an easily read/understood
license which restricts only the naming of distributions, (in
order to preserve the value of brands and trademarks.) Otherwise,
I believe it is a very permissive license with respect to source
code. Since the branding restriction is permitted under the OSD 1.0
I believe that the license meets the open source definition 1.0. (Is
there a fee to get a license certified?)
I'd rather not add to the proliferation of open source licenses,
so if someone can suggest one similar to the license below,
I'd appreciate it. (And if there are flaws or legal issues
which escaped my notice, I'd like to discuss them here.)
I want to distribute software under this or a similar license,
and I'd appreciate any comments.
Thank you in advance.
Forrest J. Cavalier III, Mib Software Voice 570-992-8824
The Reuse RKT: Efficient awareness for software reuse: Free WWW site
lists over 6000 of the most popular open source libraries, functions,
and applications. http://www.mibsoftware.com/reuse/
-------------------------------------------------------------------
Copyright 1999 Forrest J. Cavalier III
IMPORTANT: This software may have been modified from the original.
This software is provided by Forrest J. Cavalier III, d-b-a
Mib Software, under the following terms and conditions.
Contact Mib Software (mibsoft at mibsoftware.com) to discuss custom
and enhanced versions of this and other software, other licensing
terms, and support. We would appreciate that you notify us of
defect discoveries and enhancements so that others can benefit from
work on this software. Other licensing arrangements are made in
writing.
- - - - - - - - - - - - - License - - - - - - - - - - - - - - - - -
Permission is hereby granted, to any person obtaining a copy of
this software (the "Software"), to deal in the Software without
restriction, including the rights to use, copy, modify, merge,
publish, distribute, sublicense, and/or sell copies of the
Software, subject to all the following conditions.
1. The above copyright notice and this permission notice shall
be included in all copies of the source code or portions
thereof.
2. The Software source code may be distributed in unmodified form.
3. The Software may be distributed in modified forms provided that
the names and reputation of Mib Software and Libmib, and
derivatives, shall not be used to advertise, describe, or
distribute the software, except within the source code itself.
4. The electronic and printed documentation external to the source
code shall not be distributed.
5. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
More information about the License-discuss
mailing list