protecting trademarks and branding

Forrest J. Cavalier III mibsoft at mibsoftware.com
Tue Jun 1 15:21:55 UTC 1999


One or two of the open source business models described
by Mr. Hecker at Netscape rely on trademarks and branding.
I did not find an existing open source license which best
supported this model, even though the model is mentioned at
opensource.org.

I believe that licenses which can be understood by the average
user are essential.  And this means that either they are
widely known (GPL, LGPL, BSD) or are clear and concise (and
few licenses qualify on that point.)

I am not a lawyer. I have written an easily read/understood
license which restricts only the naming of distributions, (in
order to preserve the value of brands and trademarks.)  Otherwise,
I believe it is a very permissive license with respect to source
code.  Since the branding restriction is permitted under the OSD 1.0
I believe that the license meets the open source definition 1.0.  (Is
there a fee to get a license certified?)

I'd rather not add to the proliferation of open source licenses,
so if someone can suggest one similar to the license below,
I'd appreciate it.  (And if there are flaws or legal issues
which escaped my notice, I'd like to discuss them here.)

I want to distribute software under this or a similar license,
and I'd appreciate any comments.

Thank you in advance.

Forrest J. Cavalier III, Mib Software  Voice 570-992-8824 
The Reuse RKT: Efficient awareness for software reuse: Free WWW site
lists over 6000 of the most popular open source libraries, functions,
and applications.  http://www.mibsoftware.com/reuse/  


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