On Wed, Jun 04, 2008 at 06:01:33PM +0200, Trixter aka Bret McDanel wrote: > > They can't protect IAX and DUNDi that way, I'm pretty sure; the > > *protocols* would be stock, and therefore not violate the license -- > > but since usage of those particular terms is almost certainly > > nominative anyway, they *still* couldn't enforce. > > trademark wouldnt cover the protocol, only the name, so yes they can in > the way they they are claiming trademark the name.
Sure they can claim a trademark on the name. That does not *forbid me from using it to refer to that protocol*, even in the practice of commerce. > > > Dont advertise it as asterisk or asterisk based per section "Uses that > > > are Not Approved by this Policy" paragraph 3 in certain places of your > > > web page (possibly not anywhere since that would influence search engine > > > results if the engine indexes based on content). > > > > "Asterisk-based" is, again, nominative. > > According to their policy that is derived from asterisk, according to > their policy if its not a "Genuine Digium Product" as defined in their > terms you cant use their words. This is just what digium is claiming > publicly and openly on their webpage what you can and cannot do, > basically if you innovate asterisk in any meaningful way you must fork > it, which looses the license exceptions, which means it no longer works. > > Its actually a clever way to release it gpl without having the risk of > anyone ever competing with you (even if they are releasing gpl too). You don't actually speak to my assertion, which is that "Asterisk-based" does not violate their trademark in any meaningful way. > > It's also factually correct. They can't, I don't think, control that > > usage either, though IANAL. > > well whether or not they can, their use policy states this, and that is > all I was saying, this isnt really the proper forum to debate whether or > not they *can*, I was just commenting on the fact that they are claiming > you cant. > > Personally I think it would be difficult to sue (although trivial to > file and cost you a bunch of money). I also dont imagine they would > sue, but they say they can. What would be nice is if they came up with > a policy that was compliant with the *spirit* of the gpl not just its > wording if they really want to foster good feelings in the community. Won't argue. I forget, does GPL v3 speak to trademarks? I don't even remember whether v2 does, at the moment. Cheers, -- jra -- Jay R. Ashworth Baylink [EMAIL PROTECTED] Designer The Things I Think RFC 2100 Ashworth & Associates http://baylink.pitas.com '87 e24 St Petersburg FL USA http://photo.imageinc.us +1 727 647 1274 Those who cast the vote decide nothing. Those who count the vote decide everything. -- (Joseph Stalin) _______________________________________________ --Bandwidth and Colocation Provided by http://www.api-digital.com-- asterisk-biz mailing list To UNSUBSCRIBE or update options visit: http://lists.digium.com/mailman/listinfo/asterisk-biz
