Shawn Walker wrote: > On 02/11/2007, Bill Sommerfeld <sommerfeld at sun.com> wrote: > >> The community may (or may not) choose to *GIVE* the name to the project >> to use. >> > > The community hasn't been given the right to give the name to anybody, > or for that matter, take it from anybody. The community explicitly has > no rights over the name whatsoever. > > You can't enforce policy that doesn't exist. A policy surrounding the > trademark should have been defined at the inception of the community. > >
And it is *precisely* because of *that* problem that I proposed that in the long run, we should consider one of two courses of action: 1) get Sun to give up the rights to the mark or 2) create our own mark, and change our identity (sort of what all the Xen-derived distros had to do). Yes, it sucks that we're at this impasse, but unless Sun is willing to do number 1 now, I don't see a way forward other than 2, that doesn't leave us with the possibility (or likelihood) of being back in the same boat in a year or three. (A *possible* way would be for Sun to yield control by some kind of contractual commitment, while it retains *ownership*. But I think that is no likelier than #1 in the first place.) At the end of the day/month/year/decade, I think its most likely we're going to have to set up the non-profit, and settle on number 2. (The non-profit to manage the mark is required in either case.) Yeah, it sucks, and pulls energy that is might have been fruitfully spent elsewhere. But I don't think it would be wise to be too cavalier about something as fundamental as our core identity. Now, on another point, I *do* believe Indiana probably should evolve into The OpenSolaris distribution (or whatever reference name we are able to choose), because, even though it is mostly staffed by Sun, its truly open, and (branding aside) really does hold true (or at least more so than some other alternatives) to the core values embodied in the historical Solaris code base. But, Sara and Ian, please give the community the credit and opportunity to come to that conclusion on our own, rather than having it forced down our throats. -- Garrett PS: For the Indiana folks, they need to really *understand* what they are trying to sell with a brand. If OpenSolaris' brand identity is a vibrant open community, then the biggest players need to participate accordingly. If its just another way for Sun to push out beta bits, and get developer mindshare for the Sun distribution known as Solaris, then the whole rest of the OGB, the Constitution, etc, is all just a sham and we should collectively dissolve ourselves.