I am raising a VOTE to begin the process of changing the Apache SensSoft
Project name.
A passing VOTE in favor of changing the Apache SensSoft Project name means the
following sequence of events will take place:
1. We will first enter a nomination period for new names; all community members
will be allowed to nominate names.
2. We will VOTE on a short-list of ranked names following a DISCUSSion
3. We will submit this short-list of ranked names to name search process as
outlined in [1] and [2] to determine their suitability (ensure they are clear
of trademarks/copyrights and brand confusion)
3a. Results and artifacts generated through the name search will be
documented on JIRA, Confluence.
4. We will VOTE amongst the appropriate names to select a new name.
5. Once a new name has been selected the project will no longer be named
“SensSoft”, and we will begin the process of work with INFRA to reflect the
changes in our repos, etc., and modifying our documentation to reflect this
change (e.g., Wiki, Website).
Justification for the name change can be found below the VOTE categories,
please read this before VOTING:
The VOTE is open for one week to allow committers and community members that
represent institutions with a stake in Apache SensSoft a chance to discuss this
issue with institutions that rely on our technology. The VOTE will close at
20:00, TUES OCT 9th.
[+1] We should change the name, it’s the right thing to do.
[ 0 ] I think we should discuss internally and fully explore our options with
the Apache Incubator before we consider this. (note your reasons)
[-1] I think our name is our identity, we should not change it. (note your
reasons)
——————— JUSTIFICATION————————
The reasons why I am raising this as an issue to VOTE are follows:
The Charles Stark Draper Laboratory, Inc. (Draper), has notified me in personal
correspondence that Apache SensSoft, infringes on their trademark for "Software
as a Sensor” [3] (which is referenced in various parts of our documentation
with appropriate markings). This correspondence was prompted when I referenced
Apache SensSoft in an email signature at a different employer. The initial
software gift (from Draper) that established the Apache SensSoft project
(incubating), was gifted under this name. However, Draper’s disposition has
changed as many of our original Draper committers have taken other employment.
The relevant, verbatim text from Draper legal copied in my correspondence with
Brent Appleby, Director of Draper’s Algorithms & Software Directorate can be
found in our Sept 18 polling report [4].
Draper’s Trademark is for “Software as a Sensor”, however, “SensSoft” and
“SENSSOFT” are not protected marks (verified at [5] and [6], also note
“SENSOFT” [7], which is cited in Draper’s correspondence [4]). So, why would we
change the name?
1. In order to grow our community, our community members must be able to bring
visibility to Apache SensSoft and evangelize it. Accusations or allusions of
infringement are a strong disincentive to evangelizing our work.
2. In order to keep our code relevant, cross-functional, and open, we must be
independent of any particular company or institution’s interests, else it is a
strong disincentive for other company’s to build their own products from our
work. As such, we cannot honor Draper’s wishes to reference them as the
Trademark holders of “Software as a Sensor” every time we reference Apache
SensSoft.
3. In order to maintain the viability of Apache SensSoft as an Apache Software
Foundation (Incubator) product, institutions must be able to use, distribute,
modify, and package our code into their own proprietary, branded products under
the Apache License terms. This is as true for Draper as it is any other
company. Draper committers have committed much of Apache SensSoft’s code
(Draper is a part of our community), and they should be able to protect their
proprietary interests and brands. Bringing in Apache Legal might disincentivize
Draper’s continued involvement, as well as the involvement of other companies.
4. At the moment, I do not believe our project name to be so essential to our
brand that our project cannot survive a name change.
5. As we have VOTED to graduate the project and are moving in that direction
(see April 2018 VOTE on dev@), now is a good time to evaluate our project name
(the formal name search process is mandatory for graduation).
——————— REFERENCES————————
[1] https://incubator.apache.org/guides/names.html#conducting_
<https://incubator.apache.org/guides/names.html#conducting_>
[2] https://www.apache.org/foundation/marks/naming.html
<https://www.apache.org/foundation/marks/naming.html>
[3] http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:t4o9gq.2.1
<http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:t4o9gq.2.1>
[4] https://wiki.apache.org/incubator/September2018
<https://wiki.apache.org/incubator/September2018>
[5]
http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4805%3At4o9gq.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl~%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=SensSoft&p_tagrepl~%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query
<http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4805:t4o9gq.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl~:=PARA1$LD&expr=PARA1+AND+PARA2&p_s_PARA2=SensSoft&p_tagrepl~:=PARA2$COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query>
[6]
http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4805%3At4o9gq.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl~%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=SENSSOFT&p_tagrepl~%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query
<http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4805:t4o9gq.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl~:=PARA1$LD&expr=PARA1+AND+PARA2&p_s_PARA2=SENSSOFT&p_tagrepl~:=PARA2$COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query>
[7] http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:t4o9gq.11.1
<http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:t4o9gq.11.1>
