Why "open-source" means "free to distribute"?

[Eugene Wee]

Alex Rousskov wrote:
> Where does it say that "OSI certified" mark cannot be used with a BSD
> license text titled "Foo Open License v1.2"?

I suppose that might be:
"Use of these marks for software that is not distributed under an OSI approved 
license is an infringement of OSI's certification marks and is against the law."
Found at:
http://opensource.org/docs/certification_mark.php

> Does "OSI certified" mark usage terms allow placing the mark on a site
> that distributes open and not open software?
I have no idea.
On the other hand, the image in question is found at:
http://www.gluecode.com/website/images_home/osi-certified.gif

But at:
http://opensource.org/trademarks/
It is stated:
"We insist and ask that you link to the images of your choice instead of saving 
it on your own server."

So obviously Gluecode has saved the image to its own server, against what was 
expressly stated at opensource.org
As to the legal implications of that, I am not qualified to speculate.

Eugene Wee

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