I've documented the legal requirements in the name search process: http://apache.org/foundation/marks/naming#podlings
On 2017-03-24 04:27 (-0400), Mark Struberg <strub...@yahoo.de.INVALID> wrote: > Indeed, but _currently_ - from a purely legal pov - the organisers > of any such event need to ask the current trademark holder of the > 'NetBeans' mark. > And this is _currently_ Oracle. If I run a "Porsche days" event then > I of course also have to ask the Porsche company for clearance... That depends. Legally, it's the responsibility of the trademark owner to police their mark, and to care about *how* they do so. But in practical terms during Incubation, it's shared organizational responsibility of the PPMC, Oracle, and the ASF. We're all in agreement that Incubation is a process, and the end result will be all this stuff transferred from Oracle to the ASF. But it takes time. >From a *practical* perspective, if the Oracle employees who are working in the PPMC are running the same kinds of events, and have had Oracle's permission in the past, then there's nothing to worry about specifically in the immediate term. Going forward, the PPMC should start figuring out how they can help managing approvals for any *new* events, and for how we're going to provide oversight to the branding of the continuing events. Part of this work takes time, since the PPMC needs to get the various event websites updated to reflect the change to "Apache NetBeans" and to ensure that the events are otherwise working towards following the Apache event policy. Given that we don't have the code fully here and don't have an "Apache NetBeans" release yet, I'm not concerned about approval details now, as long as the PPMC is moving in the right direction. > > You know, as a pure developer one often forgets about all the nasty > other stuff which is requied to protect your work. The ASF umbrella > is there to guide the single projects on their way to do it right. > > I even think it's enough that we raised awareness in the community > and PPMC that such an ACK step from the trademark holder is legally > needed - regardless who owns it. At the end it might cost 30 minutes > and then all is done. Yes - the fact the PPMC is asking the questions and getting pointers on where to go means Incubation is working just fine. > LieGrue, > strub > > > > Am 24.03.2017 um 09:09 schrieb Bertrand Delacretaz <bdelacre...@apache.org>: > > > > On Fri, Mar 24, 2017 at 9:06 AM, Mark Struberg > > <strub...@yahoo.de.invalid> wrote: > >> ...For NetBeans it's currently a bit different since the 'NetBeans' > >> trademark is still > >> owned by Oracle and will probably only be handed over into the custody of > >> the > >> ASF on graduation. So legally the one to ask is currently Oracle, right > >> Geertjan?... > > > > While you are technically right, as a mentor I would not approve the > > graduation of NetBeans without the trademark being officially > > transferred, so I think this should happen rather sooner than later. > > > > I think it's great that the NetBeans PPMC is acting as if the > > trademark is already transferred, as part of learning to operate as > > Apache project. Assuming the current owner of the NetBeans mark > > agrees. > > > > -Bertrand > > -- - Shane https://www.apache.org/foundation/marks/resources
