Smith, McCoy mccoy.smith at
Fri Apr 21 23:05:48 UTC 2006

OSI does have a trademark/service mark, and an enforcement program,
although I believe it is not a word mark though:

-----Original Message-----
From: John Cowan [mailto:cowan at] 
Sent: Friday, April 21, 2006 4:02 PM
To: David A. Temeles, Jr.
Cc: license-discuss at
Subject: Re: BitTorrent

David A. Temeles, Jr. scripsit:

> On what basis can OSI preclude anyone from designating their software
> license as "open source"?  I am new to this list, but I cannot
> how OSI would have the legal right to preclude anyone from using the
> "open source" in any fashion.  OSI could, however, prevent a party
> claiming that its license is OSI-approved...

Quite right on all counts as far as legal action is concerned.  Friendly
persuasion is another thing, and often quite successful.

John Cowan    cowan at
Mr. Henry James writes fiction as if it were a painful duty.  --Oscar

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