For Approval: Microsoft Permissive License

Arnoud Engelfriet arnoud at engelfriet.net
Thu Oct 4 09:32:56 UTC 2007


Rick Moen wrote:
> Quoting Chris Zumbrunn (chris at czv.com):
> > Putting a "Microsoft Public Licensed" sticker on the boxed version of  
> > your open-source software would probably be pushing the envelope in  
> > every country. 
> 
> Your hypothetical looks precisely like straightforward nominative use to
> me -- which usage is specifically exempted from claims of trademark
> infringement, in US law.  (Well, it's an affirmative defence, which is
> to say it must be established in court by the defence, based on a
> showing of facts.)

Personally I wouldn't recommend "Microsoft Public Licensed" since
I would be afraid it could be misunderstood. Is this something that
Microsoft licensed to the public? "Available under the Microsoft 
Public License" is clearer. 

Arnoud

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
              Arnoud blogt nu ook: http://blog.iusmentis.com/




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