Use of "open source"
Rick Moen
rick at linuxmafia.com
Thu Jan 4 08:44:02 UTC 2007
Quoting Matthew Flaschen (matthew.flaschen at gatech.edu):
> Yes, I really shouldn't mix those up. Part of it is that the OSI site
> says, "Unfortunately, the term "open source" itself is subject to
> misuse, and because it's descriptive, it can't be protected as a
> trademark (which would have been our first choice)."
> (http://opensource.org/docs/certification_mark.php). Still, I don't
> think OSI is really prepared to litigate over the "open source" term
> itself.
Well said, and I have to admit that I was stretching the point: OSI
hasn't acted, in general, in ways trademark holders should concerning
the term "open source" if it were to seriously contemplate enforcing
that as a commercial mark under trademark law. However, that of course
is entirely irrelevant to the legitimacy of OSI's custody.
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