OSI enforcement? (Was Re: Microsoft use of the term "Open Source")

Matthew Flaschen matthew.flaschen at gatech.edu
Tue Jan 8 23:51:20 UTC 2008


Philippe Verdy wrote:

> And regarding your query about who is monitoring this term, just look at the
> so many professional websites that have created special sections about these
> terms, and collecting links and information about the subject and offering
> subscription to newsletters and alerts on the subject, some of them
> requiring membership and payment of monthly or yearly membership.

What site offers a newsletter about registrations of an "open source"
trademark?

> Lots of trademarks are monitored like this by all sorts of corporations or
> organisations that have some interest in them, at least for their own
> trademarks, but not only those one:

I'm not asking about "lots of trademarks"  I'm asking about the "open
source" trademark.  You claimed:

 "I have doubt that any country will ever accept now the registration of
"open source" as a trademark, due to the huge history of prior use (or
prior art), and really a lot of groups and companies throughout the
world that are monitoring any attempt by anyone to register it for its
exclusive use."

I'm still waiting for proof of that bald-face claim.

>Given the widespread use of open source and free software in so many
projects, and the fact that many organizations
> are also interested into creating their own licences (because they can see
> some areas where the subject could be compromised by others), they would be
> fooled if they did not monitor this subject, but only the use of their own
> trademarks throughout the world.

This is rampant speculation, not proof.  If "really a lot" of groups are
doing this, surely you can list a single example.

> Companies thoughout the world have already been threatened by
> patent claims, and some Linux distrubutors are now also selling legal
> insurances for their investment. Such thing would not even be sold if there
> was no such difficulty and threatening. Monitoring the important terms is a
> preventive measure to help them avoid these problems or find solutions as
> early as possible before they become too serious and cost them a lot.

How does monitoring the term "open source" protect companies from patent
claims?

Matt Flaschen



More information about the License-discuss mailing list