BSD-like licenses and the OSI approval process

[Matthew Flaschen]

Arnoud Engelfriet wrote:
> Of course the risk is with the user: if he is not in compliance
> with the rules, he violates trademark law. And usually the user
> has to draw up some statement spelling out how his use complies
> with the certification criteria.

Doesn't that risk the eventual possibility of a court having to decide
whether something is OSD-compliant (to settle a trademark lawsuit)?...
Even if it were appropriate for the court to make that judgment, I
really don't want OSI to have to sue just because some blatantly
proprietary vendor insists they're legitimately self-certified.  People
can already abuse the trademark, but it's obvious from the license list
they're not approved and thus it's unlikely to get to court.  I suppose
self-certification is an option, but OSI would need to rename the
trademark.  "OSI-Certified" doesn't work when it's not OSI doing the
certification (at least not directly).

Matt Flaschen