Use of "open source"
Brendan Scott
lists at opensourcelaw.biz
Wed Jan 3 22:11:51 UTC 2007
Matthew Flaschen wrote:
> DShofi at atmi.com wrote:
>> While I agree that license proliferation makes it harder to consolidate
>> code bases and determine license compatibility and while I understand the
>> usefulness of the OSI certification mark program, it seems that the OSI is
>> in no position to restrict anyone's labelling and use of a license as
>> "open source" that satisfies all of the definitional characteristics even
>> if it is not OSI approved.
>
> No, it's not in such a position. As I've said before on this list,
> "open source" is not trademarked. Thus, anyone *can* use it to describe
> anything. However, that doesn't mean it's *right* to do so. I think
> OSI, and most everyone in the open source community, would prefer the
> term "open source" only be used with OSI-approved licenses. Determining
> what meets OSD is after all very subjective, and it is OSI's primary
> purpose.
If you are selling oranges by mail order but you are advertising them as lemons (neither of which is a registered trademark btw) the buyer will have a right of action against you. The question is whether "open source" has a meaning, not whether it is trademarked.
In Australia third parties who suffer no loss would also have standing to sue you under consumer protection laws.
Brendan
More information about the License-discuss
mailing list