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.


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