Hello all, For fairness to everybody specially to those who do not understand the german language. I would like to clarify some things here to avoid that the non-german speaking members begin to think that the germanic-side of care2x is getting crazy.
On Friday 30 April 2004 07:59, Wilfried Goedert wrote: > After a lot of difficulties i got it. It took 4 hours at least 1 Gig > traffic was necessary to bring it to run. If one uses the MSExplorer to view it online (w/o download), it takes only a few minutes (with ADSL). > Some remarks: > > myCare2x ist das Markenzeichen f�r Implementierungen von Open Source > L�sungen im Gesundheitswesen > > Translation: > myCare2x is the trademark for implementation of Open Source in > healthcare. > > My personal note: this seems a bit unlucky, because the impression is > that there is a trademark ownership. A trademark for the "implementation". It is not the trademark for the Care2x program. By the way, you surely read this everywhere "Linux is a registered trademark of Linus Torvalds". Applying for a trademark is open for everybody (who can and is willing to pay) for any kind of word, word combination, logos, symbols, etc. This is fully legal and no one can prevent it unless one has solid reasons to contest it. One might argue that myCare2x is confusingly similar to Care2x and might propose to contest the myCare2x on the ground of high probability of causing confusion and unfair trade practice. But the question is, is mycare2x unfair to care2x? Is it causing confusion to care2x application? Or the most important question: is mycare2x destroying care2x? Currently the answer to all of the above is NO. Personally, I do not see any reason to contest the mycare2x trademark for now. We can view mycare2x.de as a commercial marketing arm of care2x in germany. (I repeat in germany and these companies are not interested to do business outside germany). Now, when it comes to money, conflicts are preprogrammed. We all are just human beings, with greed and all. My suggestion to anybody that it might concern is this: if you do not want to join the consortium, create your own business or organize your own consortium. Nobody will (and can) prevent you from doing it. You can name it "ourCare2x" and you can apply for the "ourCare2x" trademark too. > Inside the application demonstration the logos change to myCare2x > what gives the impression of a forge of the software. Changing the logo on the left menu is allowed. One can even hide it or replace it with the logo of the user organization. Also, one can hide the footer on every page. This has a practical reason, hiding the footer will give more space for the browser display. Also, seeing the footer everyday, 5 days a week, year in year out will be highly uncomfortable for the worker. A real implementation only needs to have at least a reference to the original project on some page (eg. the system admin, or info page). And of course, the copyright notices embedded in the code must not be removed. > There are some more notes. > If you are able to speak german download it and make yourself an > impression. I have studied the presentation carefully. When it refers to the program itself, it uses Care2x (which is correct). Statements like "based on Care2x", "your own Care2x solution". When it refers to the consortium, services, advantage of the consortium, business partnerships, etc. it uses the myCare2x (which is again correct). Statements like "Project implementation", "Training", "Maintenance and service". They also correctly pointed to care2x.org as the Care2x community. There is no evidence that they presented themselves as the creator of Care2x. In fact, they made the statement that they will be developing modules and solutions in collaboration with the Care2x community. This is a clear statement that they want to stay within the project. We should not overlook the fact that they are openly, honestly and sincerely doing this together with the Care2x project. Just imagine what would have happened if they have just taken the code, rebranded it and claimed it to be an official fork of care2x and announced that they will not cooperate with care2x because it sucks? It would have been fully legal, since forking is allowed and guaranteed under GPL. > There is a decission from Elpidio that i am nearly forbidden to speak > at Linuxday or other official Conferences about care2x i applied to > him an open discussion here in the list. > > There is the wish that someone of the commercial and university team > is doing the representations. I applied a long time ago for it at > Linuxday. And it was accepted under more than 200 applications. > > I offered to do the presentation together with someone of them. But > no reaction at the moment. > > I think its the time to discuss it here now. Speak open words. You are a very clever and highly talented person and this is another proof of that talent to make someone do or say things that he would rather not do or say. After my requests, later on pleas and much later in a form of directive asking you to drop the presentation and instead give the slot to a university professor, you decided to go ahead. This made it obvious that you are bound to do everything as you wish and less interested in following an occasional central directive. We could not do anything more and your counterproposal to share the slot was not accepted. Since you obviously want to do it your way, I consider the matter closed and have nothing more to say on this but to wish you all the luck. Let us all hope that those things that happened in the previous Linuxtag and GMDS conference will not happen again. Again, have lots of luck. To avoid misinterpretation, I plea on you to not forget that you: - were never fobidden to host the care2x.de - were never forbidden to manage your own care2x-plug-ins project (the low response is surely very sad, but then there is no guarantee to success) - were never forbidden to rally your own care2x local group (and present yourself as the manager) - were never forbidden to submit care2x.de to many other indexing projects (often omitting the other care2x domains) - were never forbidden to post your complains on this mailing list - were never forbidden to start all sorts of subprojects (which I lost count of). Let us close this matter. Elpidio ------------------------------------------------------- This SF.Net email is sponsored by: Oracle 10g Get certified on the hottest thing ever to hit the market... Oracle 10g. 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