On Monday 11 November 2002 20:59, [EMAIL PROTECTED] wrote:

> So what if these guys did a white room implementation of XSP and came
> up with a bright idea and said ... let's call it "XSP".  There
> doesn't appear to be much to stop them from doing this.  Unless you
> sue them to look at their code and see if it came from apache and
> then they're in violation of the apache license.

Well, IANAL, but...:

Indeed, that is a possibility, if there is Cocoon code in there, then 
they have probably violated the license. 

> My issue here is that there's nothing protecting apache about the
> project names, 

No, then it would have to TMed, I think.

>
> I'd look into copyrighting some of these concepts in addition to the
> license.  This seems to be the one big whole IMO of opensource
> projects.  The license protects the usage of the code but the
> copyright protects the usage of the concept/branding/etc.  And right
> now there doesn't appear to be any protection of the
> concept/branding.

No, because that, I think is pretty much a patents and trademark issue, 
not a copyright issue, if I've understood any of this right. 

Basically, you would have to apply for patents and trademarks, and make 
a huge effort, but there's very little to gain from it. I think the 
best we can do is to publicly scream bloody murder and "see these guys 
have ripped off an open project and tries to make a buck off of a small 
subset of it, can you believe anybody would pay for that?" Hopefully, 
nobody will. 

Again speaking as IANAL and only from what I've read in this thread. :-)

Best,

Kjetil
-- 
Kjetil Kjernsmo
Astrophysicist/IT Consultant/Skeptic/Ski-orienteer/Orienteer/Mountaineer
[EMAIL PROTECTED]  [EMAIL PROTECTED]  [EMAIL PROTECTED]
Homepage: http://www.kjetil.kjernsmo.net/


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