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<div class="moz-cite-prefix">On 4/10/24 04:12, Lucy Brown via
License-discuss wrote:</div>
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<blockquote type="cite"
cite="mid:Mime4j.3.3b6226e73c01ba46.192556b6c9c@imap.gmail.com">
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<div dir="auto">You may distribute this Software, with or without
fee, provided that you do not advertise the Standard Version of
this Software as a product of your own.</div>
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<p>I'd suggest that there are better ways of drafting this, in
particular that it needs to be clear in a legally robust sense
what the Standard Version is, but the idea is reasonable and
doesn't appear to conflict with OSD6 (nor the rest of it). For
examples of projects which have botched this and then had to incur
substantial clean up impacts, I'd point to:</p>
<ul>
<li>The absurd <a
href="https://en.wikipedia.org/wiki/Debian%E2%80%93Mozilla_trademark_dispute">decade-long
Mozilla/Debian stand-off</a> (and therefore e.g. Firefox
rebranded as IceWeasel)</li>
<li>The <a
href="https://www.theverge.com/2024/10/4/24262410/wordpress-fight-trademarks-open-source-mullenweg">currently-unfolding
</a><a
href="https://www.theverge.com/2024/10/4/24262410/wordpress-fight-trademarks-open-source-mullenweg">WordPress
</a><a
href="https://www.theverge.com/2024/10/4/24262410/wordpress-fight-trademarks-open-source-mullenweg">goat
rodeo<br>
</a></li>
</ul>
<p>For projects where it's relevant, making certain that you've
thought through:</p>
<ul>
<li>the quality risks of independent integration and distribution
under your product name (e.g. by Debian etc.); and</li>
<li>the commercial issues that may arise if a direct competitor
uses code that you've funded much of the development of (and
perhaps are continuing to fund the maintenance of) to
out-compete you</li>
</ul>
<p>before you invest too deeply.</p>
<p><br>
</p>
<p>I'd also suggest taking the time to locate a similarly-situated
project/organisation which has successfully done something like
what you're trying to do and then studying their approach
carefully before designing your own. The risk here is assuming
that a court of law is some sort of wish-fulfilment machine and
that one need merely write down one's wishes in a contract/license
in order to be certain that everything will work as desired. This
assumption is made a lot and — needless to say — absolutely does
not work. That you are asking about the potential violation of a
single OSD criterion by a single license condition rather than
sharing a whole license draft and its commercial context suggests
to me that you might be taking an unrealistically narrow view at
present.</p>
<p>- Roland</p>
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