Vladimir Senkov wrote: > finally, the team will have a chance to meet each other :) > > i like the idea of trademark on "open source". > You and I should register two trade marks: you go for the "open > source" and i'll go for the "closed source" or vice versa. > together we'll rule the world :))) > > or should we just go for 0 and 1? i'll copyright/patent/trademark the > 0 and you for 1. > then we'll join forces and nail those bastards at Microsoft :)))) > > On Fri, Nov 28, 2008 at 8:53 PM, Chris Cherrett > <[EMAIL PROTECTED]> wrote: > >> Vladimir Senkov wrote: >> >>> IANAL and I suppose myself and others who aren't lawyers should not >>> try to be lawyers, but since you mentioned that linuxsampler >>> developers are exposed to litigation and i was at some point involved >>> in that, i'd like to make two brief comments (i know i'm probably >>> going to regret that): >>> 1) IANAL, but it's my understanding that _everybody_ is subject to >>> litigation at any point of time, at least in the US. >>> 2) IANAL, but according to wikipedia >>> http://en.wikipedia.org/wiki/Open_source_software: >>> " >>> The term "Open Source" was originally intended to be trademarkable; >>> however, the term was deemed too descriptive, so no trademark >>> exists[9]. >>> " >>> >>> having pointed those two out, i agree with many points you made. if it >>> makes any difference (and it really doesn't) it all sounds very >>> reasonable and logical. >>> >>> On Fri, Nov 28, 2008 at 7:23 PM, Gregory Maxwell <[EMAIL PROTECTED]> wrote: >>> >>> >>>> On Fri, Nov 28, 2008 at 5:05 PM, Graham Goode <[EMAIL PROTECTED]> wrote: >>>> [sno[ >>>> >>>> >>>>> Now for the exception they make: under normal circumstances, commercial >>>>> hardware- and software makers are not allowed to use GPL code (LGPL yes, >>>>> but that's another story). >>>>> >>>>> >>>> Wrong wrong wrong. >>>> >>>> Commercial hardware and software makers are free to use GPL (and LGPL) >>>> code. They must abide by the terms of the GPL, which will cause them >>>> to make all or some of the source code of their product available. >>>> (And GPLv3 ensures that people who purchase the hardware have the same >>>> ability to update the software as the maker does). Some commercial >>>> vendors may not like the requirements of the GPL and thus may chose >>>> not to use GPL covered works, but the GPL contains absolutely no >>>> prohibition against commercial use. >>>> >>>> Sometimes commercial users engage in activities which are counter to >>>> the freedom purpose of free software (i.e. "tivoization") which is why >>>> the GPL has been updated to address those risks, but commercial usage >>>> itself is generally considered to be a protected activity by the Free >>>> Software foundation. >>>> >>>> >>>> >>>>> So the linuxSampler license is a bit less >>>>> restrictive than the real GPL, in that it gives commercial software makers >>>>> a chance to use their code, even in ways the GPL does not allow it, but >>>>> only if permission is given by the authors. >>>>> >>>>> >>>> Strictly speaking linuxsampler, by prohibiting commercial use, fails >>>> to meet the definition of free software >>>> (http://www.gnu.org/philosophy/free-sw.html), the open source >>>> definition (http://www.opensource.org/docs/definition.php), and by >>>> extension the requirements of various distributions: E.g. Fedora >>>> (http://fedoraproject.org/wiki/Packaging/LicensingGuidelines) and >>>> Debian (http://www.debian.org/social_contract#guidelines). >>>> >>>> Because "open source" is a trademark the authors of Linux Sampler are >>>> currently exposed to litigation for abusing the mark to describe their >>>> product as something it's not. >>>> >>>> Perhaps it is best for the world if Linux Sampler doesn't permit being >>>> embedded in commercial products, I wouldn't have any clue. But it's >>>> simply incorrect to describe the Linux sampler licensing terms as more >>>> permissive than the GPL. >>>> >>>> >>>> >>>> >>>>> If it were pure GPL, giving this permission would be impossible. So this >>>>> license gives a bit more freedom, it does not take the freedom from GPL." >>>>> >>>>> >>>> [snip] >>>> >>>> This is not true. If it were pure GPL from many copyright holders with >>>> no assignment then yes, you couldn't give permission for uses which >>>> violate the GPL. >>>> >>>> Some authors of pure GPL software also offer the software under >>>> alternative terms for commercial users who do not wish to abide by the >>>> requirements of the GPL. (i.e. the requirements to include source for >>>> the GPL covered works, etc) >>>> >>>> ------------------------------------------------------------------------- >>>> This SF.Net email is sponsored by the Moblin Your Move Developer's >>>> challenge >>>> Build the coolest Linux based applications with Moblin SDK & win great >>>> prizes >>>> Grand prize is a trip for two to an Open Source event anywhere in the world >>>> http://moblin-contest.org/redirect.php?banner_id=100&url=/ >>>> _______________________________________________ >>>> Linuxsampler-devel mailing list >>>> Linuxsampler-devel@lists.sourceforge.net >>>> https://lists.sourceforge.net/lists/listinfo/linuxsampler-devel >>>> >>>> >>>> >>> >>> >>> >> I have submitted a patch that made it into trunk so I guess I will see >> you all in court :) >> >> ------------------------------------------------------------------------- >> This SF.Net email is sponsored by the Moblin Your Move Developer's challenge >> Build the coolest Linux based applications with Moblin SDK & win great prizes >> Grand prize is a trip for two to an Open Source event anywhere in the world >> http://moblin-contest.org/redirect.php?banner_id=100&url=/ >> _______________________________________________ >> Linuxsampler-devel mailing list >> Linuxsampler-devel@lists.sourceforge.net >> https://lists.sourceforge.net/lists/listinfo/linuxsampler-devel >> >> > > > > Think of all the noodles and sauce we can eat in jail!
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