Can anyone say his or her software is open source?

David Johnson david at
Wed Oct 31 05:02:57 UTC 2001

On Tuesday 30 October 2001 08:52 pm, Rod Dixon, J.D., LL.M. wrote:
> the term or phrase "open source" is generic, and often used as
> a marketing phrase in much the same manner as "diet soda" is used.  I
> cannot imagine what the legal basis would be to bring a fraud claim on
> the use the term "open source."

But the term used wasn't "open source". The term used was "Open Source 
Software", including the capitalization. "Open Source" is being used as part 
of a proper name, and not as a generic adjective.

David Johnson
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