Re: This problem of mine

2009-05-15 Thread Brian Fox


 What I don't get is why would anyone want to keep the name if there
 are potential overlaps or troubles ahead?


My thoughts exactly.


 I mean, there are probably better (coding) and harder (releasing,
 graduating) things to do than getting stuck about the name.
 Why don't you (as a podling) simply move on with another cool name,
 for example, just brainstorming here... JSecurity... or something
 similar?

+1


Re: This problem of mine

2009-05-14 Thread Santiago Gala
El mié, 13-05-2009 a las 00:33 +0200, Emmanuel Lecharny escribió:
 Bernd Fondermann wrote:
  JSecurity was deemed as a potential naming conflict risk (much in the same
  way Ki is now), so we dropped it, and finally came to a vote to change the
  name to Ki.  But this resolution took over 4 or 5 months to finally come to
  a favorable vote, so we didn't want to go through that painful process all
  over again, since it seemed like no one was willing to come to consensus on
  other names.  It is very difficult to find an even remotely-correlated name
  in the security space that might not infringe on another
  site/company/product/trademark/patent.
  
 
  ok, I see. At least, for JSecurity, these conflicts never came up, did they?

 http://www.juniper.net/security/
 
  That's why so many project go with names from biona or mythology.
 

  Given the difficulty and the enormous amount of time spent already, we just
  wanted to move on to focus exactly on the things you mention, and only 
  worry
  about changing the name yet again if it was absolutely required by the
  Incubator to do so.  That being said, if the Incubator says the Ki podling
  must change its name, then fine, we'll be happy to do so, but most of us
  didn't want to spend the effort worrying about it unless necessary.
  
 
  To me, it seems neccessary, but this is just my 2 eurocent.

 It took 4 months to move from JSecurity to Ki, just because, very like 
 this thread, people are *discussing* for ever something which would be 
 immediately solved if common sense was applied : avoid as much as 
 possible any risk, and change the name if the risk is becoming a reality.
 

This is the answer you will most likely get from legal. Lawyers know
that their business is about managing risk, and risking a conflict with
a new name is typically not worth it. It is different when the name has
been in use before and has built up some brand power.

The ASF is typically not about deciding for the projects/podlings, but
about letting them decide. If something so small (though with biksheding
potential) is dragging the community, I'd see it more as a symptom of
another, hidden conflict, than as a real problem.

That said, and if a vote on this issue would come to the PRC I would
vote against having a *new* name that has a conflict, versus a well
known one in the same situation. And I bet the lawyers would do the
same.

 It will take another 4 months to decide to switch from Ki to something 
 more appropriate if we follow the same pattern. That's a waste of time 
 and energy.
 

Don't follow the same pattern, then. I don't have much better ideas than
this obvious one, though.

 Bernd, I'm totally on the same page with you.
 


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Re: This problem of mine

2009-05-13 Thread Bertrand Delacretaz
On Tue, May 12, 2009 at 10:58 PM, Les Hazlewood lhazlew...@apache.org wrote:
 ...if the Incubator says the Ki podling
 must change its name, then fine, we'll be happy to do so, but most of us
 didn't want to spend the effort worrying about it unless necessary

If that can help, I'm happy to start a vote here so that Incubator PMC
members can decide if a name change is needed. There's no perfect
solution, so having an external instance make the decision might
help the project.

-Bertrand

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Re: This problem of mine

2009-05-12 Thread Bertrand Delacretaz
On Tue, May 12, 2009 at 5:14 PM, Alan D. Cabrera l...@toolazydogs.com wrote:
 ...I'd like someone to come up with a concise argument that would allow me to
 let this go other than nope, it's not the same.  Otherwise, I feel that I
 need to bring up a vote to put the issue to bed once and for all

The only thing that I can say is that from the ASF's point of view
your project's name is Apache Ki, no just Ki.

About the actual risks associated with FixFlyer's considering that
Apache Ki infringes on their trademarks, the best might be to ask
legal-disc...@apache.org.

-Bertrand

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Re: This problem of mine

2009-05-12 Thread Emmanuel Lecharny

Bertrand Delacretaz wrote:

On Tue, May 12, 2009 at 5:14 PM, Alan D. Cabrera l...@toolazydogs.com wrote:
  

...I'd like someone to come up with a concise argument that would allow me to
let this go other than nope, it's not the same.  Otherwise, I feel that I
need to bring up a vote to put the issue to bed once and for all



The only thing that I can say is that from the ASF's point of view
your project's name is Apache Ki, no just Ki.

About the actual risks associated with FixFlyer's considering that
Apache Ki infringes on their trademarks, the best might be to ask
legal-disc...@apache.org.
  


I won't jump into the project again, but in this case, I have a bit more 
info to provide.


The problem has been postponed to le...@a.o months ago, not with a big 
success. I mentioned the case during ACEU  to at least 3 persons, two of 
them being from the board. All of them told me to send the problem to 
PRC (so far, no answer), mentioning that it was not worth the risk to 
fight Juniper or any other company if the name was already used.


This is something I don't get, and I see at least two problems here :
1) there is no clear process to solve such issues. Should it be 
processed by legal or PRC ? Plus those two entities are not responsive, 
and if we receive answer, they may be contradictory. Again, we don't 
need opinion, we need a clear and legal position. Opinions don't pay the 
bill when it comes to pay a lawyer.
2) I *think* than instead bothering everyone in all those instances, the 
easiest way to solve this issue was to change the name. But it seems 
that some people don't like simple solutions... As a consequence, it 
lasts forever (around one year, so far).


Otherwise, I totally agree with what Alan has written.


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cordialement, regards,
Emmanuel Lécharny
www.iktek.com
directory.apache.org



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Re: This problem of mine

2009-05-12 Thread Alan D. Cabrera


On May 12, 2009, at 9:06 AM, Bertrand Delacretaz wrote:

On Tue, May 12, 2009 at 5:14 PM, Alan D. Cabrera  
l...@toolazydogs.com wrote:
...I'd like someone to come up with a concise argument that would  
allow me to
let this go other than nope, it's not the same.  Otherwise, I  
feel that I

need to bring up a vote to put the issue to bed once and for all


The only thing that I can say is that from the ASF's point of view
your project's name is Apache Ki, no just Ki.


So, this is an interesting point.  Can we change Apache Geronimo's  
name to Apache WebSphere and get a way with it?




About the actual risks associated with FixFlyer's considering that
Apache Ki infringes on their trademarks, the best might be to ask
legal-disc...@apache.org.


Do we want to get into this kind of tussle straight out of the gate w/  
a podling that's been using this name for such short while?



Regards,
Alan


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Re: This problem of mine

2009-05-12 Thread Craig L Russell


On May 12, 2009, at 10:56 AM, Alan D. Cabrera wrote:



On May 12, 2009, at 9:06 AM, Bertrand Delacretaz wrote:

On Tue, May 12, 2009 at 5:14 PM, Alan D. Cabrera l...@toolazydogs.com 
 wrote:
...I'd like someone to come up with a concise argument that would  
allow me to
let this go other than nope, it's not the same.  Otherwise, I  
feel that I

need to bring up a vote to put the issue to bed once and for all


The only thing that I can say is that from the ASF's point of view
your project's name is Apache Ki, no just Ki.


So, this is an interesting point.  Can we change Apache Geronimo's  
name to Apache WebSphere and get a way with it?


The main point is that you and I disagree on whether FixFlyer Ki and  
Apache Ki are in the same domain.


I have neither broad nor deep experience with securities trading  
systems, but I do know what financial securities are. And I claim that  
someone knowledgeable enough about computer systems to be in a  
position to evaluate software for securities trading systems, should  
know the difference between Java security and Securities Trading.


But to answer your question, if Apache WebSphere were a loose-knit  
pajama bottom, I doubt that anyone would complain about the name  
conflict. As it is, Geronimo and WebSphere are in the same domain.


Craig





About the actual risks associated with FixFlyer's considering that
Apache Ki infringes on their trademarks, the best might be to ask
legal-disc...@apache.org.


Do we want to get into this kind of tussle straight out of the gate  
w/ a podling that's been using this name for such short while?



Regards,
Alan


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Craig L Russell
Architect, Sun Java Enterprise System http://db.apache.org/jdo
408 276-5638 mailto:craig.russ...@sun.com
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Re: This problem of mine

2009-05-12 Thread Les Hazlewood
On Tue, May 12, 2009 at 2:22 PM, Alan D. Cabrera l...@toolazydogs.comwrote:

 On Tue, May 12, 2009 at 5:14 PM, Alan D. Cabrera l...@toolazydogs.com
 wrote:

 ...I'd like someone to come up with a concise argument that would allow
 me to
 let this go other than nope, it's not the same.  Otherwise, I feel
 that I
 need to bring up a vote to put the issue to bed once and for all


 The only thing that I can say is that from the ASF's point of view
 your project's name is Apache Ki, no just Ki.


 So, this is an interesting point.  Can we change Apache Geronimo's name
 to Apache WebSphere and get a way with it?


 The main point is that you and I disagree on whether FixFlyer Ki and
 Apache Ki are in the same domain.

 I have neither broad nor deep experience with securities trading systems,
 but I do know what financial securities are. And I claim that someone
 knowledgeable enough about computer systems to be in a position to evaluate
 software for securities trading systems, should know the difference between
 Java security and Securities Trading.


 I think you missed my point and that is that they are comparing their Java
 security system, not the financial instruments, against JSecurity's.  Both
 provide the same functionality where their vertical application overlaps
 with our horizontal application, that is, Java security.


Really?  Where do they make that comparison? This is the first I've heard of
such a thing.

They were asking us to reconsider the name 'Ki' explicitly because it might
cause confusion to and end-user community (e.g. if I was googling for
FixFlyer's 'Ki' and found instead Apache's Ki, I might be confused).  They
made no such claim of functionality overlap that I'm aware of.

Cheers,

Les


Re: This problem of mine

2009-05-12 Thread Craig L Russell


On May 12, 2009, at 11:22 AM, Alan D. Cabrera wrote:



On May 12, 2009, at 11:12 AM, Craig L Russell wrote:



On May 12, 2009, at 10:56 AM, Alan D. Cabrera wrote:



On May 12, 2009, at 9:06 AM, Bertrand Delacretaz wrote:

On Tue, May 12, 2009 at 5:14 PM, Alan D. Cabrera l...@toolazydogs.com 
 wrote:
...I'd like someone to come up with a concise argument that  
would allow me to
let this go other than nope, it's not the same.  Otherwise, I  
feel that I
need to bring up a vote to put the issue to bed once and for  
all


The only thing that I can say is that from the ASF's point of view
your project's name is Apache Ki, no just Ki.


So, this is an interesting point.  Can we change Apache Geronimo's  
name to Apache WebSphere and get a way with it?


The main point is that you and I disagree on whether FixFlyer Ki  
and Apache Ki are in the same domain.


I have neither broad nor deep experience with securities trading  
systems, but I do know what financial securities are. And I claim  
that someone knowledgeable enough about computer systems to be in a  
position to evaluate software for securities trading systems,  
should know the difference between Java security and Securities  
Trading.


I think you missed my point and that is that they are comparing  
their Java security system, not the financial instruments, against  
JSecurity's.


Not what I said.

Both provide the same functionality where their vertical application  
overlaps with our horizontal application, that is, Java security.


There's no evidence of this that I can see. Maybe we're looking at  
different source documents?


It is not unusual to see companies break out pieces a product line  
and open source them.


So I went to the FixFlyer web site yet again, and can't find any  
evidence that they are in the same application domain.


Neither the Ki Certification web page http://www.fixflyer.com/html-files/KiCertification.html 
 nor their pdf http://www.fixflyer.com/materials/software/Ki/FlyerKiCertification.pdf 
 mentions the word security.


Craig




Regards,
Alan


Craig





About the actual risks associated with FixFlyer's considering that
Apache Ki infringes on their trademarks, the best might be to ask
legal-disc...@apache.org.


Do we want to get into this kind of tussle straight out of the  
gate w/ a podling that's been using this name for such short  
while?



Regards,
Alan


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Craig L Russell
Architect, Sun Java Enterprise System http://db.apache.org/jdo
408 276-5638 mailto:craig.russ...@sun.com
P.S. A good JDO? O, Gasp!




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408 276-5638 mailto:craig.russ...@sun.com
P.S. A good JDO? O, Gasp!



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Re: This problem of mine

2009-05-12 Thread Bernd Fondermann
On Tue, May 12, 2009 at 21:46, Craig L Russell craig.russ...@sun.com wrote:

 On May 12, 2009, at 11:22 AM, Alan D. Cabrera wrote:


 On May 12, 2009, at 11:12 AM, Craig L Russell wrote:


 On May 12, 2009, at 10:56 AM, Alan D. Cabrera wrote:


 On May 12, 2009, at 9:06 AM, Bertrand Delacretaz wrote:

 On Tue, May 12, 2009 at 5:14 PM, Alan D. Cabrera l...@toolazydogs.com
 wrote:

 ...I'd like someone to come up with a concise argument that would
 allow me to
 let this go other than nope, it's not the same.  Otherwise, I feel
 that I
 need to bring up a vote to put the issue to bed once and for all

 The only thing that I can say is that from the ASF's point of view
 your project's name is Apache Ki, no just Ki.

 So, this is an interesting point.  Can we change Apache Geronimo's name
 to Apache WebSphere and get a way with it?

 The main point is that you and I disagree on whether FixFlyer Ki and
 Apache Ki are in the same domain.

 I have neither broad nor deep experience with securities trading systems,
 but I do know what financial securities are. And I claim that someone
 knowledgeable enough about computer systems to be in a position to evaluate
 software for securities trading systems, should know the difference between
 Java security and Securities Trading.

 I think you missed my point and that is that they are comparing their Java
 security system, not the financial instruments, against JSecurity's.

 Not what I said.

 Both provide the same functionality where their vertical application
 overlaps with our horizontal application, that is, Java security.

 There's no evidence of this that I can see. Maybe we're looking at different
 source documents?

 It is not unusual to see companies break out pieces a product line and
 open source them.

 So I went to the FixFlyer web site yet again, and can't find any evidence
 that they are in the same application domain.

 Neither the Ki Certification web page
 http://www.fixflyer.com/html-files/KiCertification.html nor their pdf
 http://www.fixflyer.com/materials/software/Ki/FlyerKiCertification.pdf mentions
 the word security.

 Craig



 Regards,
 Alan

 Craig



 About the actual risks associated with FixFlyer's considering that
 Apache Ki infringes on their trademarks, the best might be to ask
 legal-disc...@apache.org.

 Do we want to get into this kind of tussle straight out of the gate w/ a
 podling that's been using this name for such short while?

What I don't get is why would anyone want to keep the name if there
are potential overlaps or troubles ahead?
I mean, there are probably better (coding) and harder (releasing,
graduating) things to do than getting stuck about the name.
Why don't you (as a podling) simply move on with another cool name,
for example, just brainstorming here... JSecurity... or something
similar?

Have fun,

  Bernd

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Re: This problem of mine

2009-05-12 Thread Niclas Hedhman
On Tue, May 12, 2009 at 8:12 PM, Craig L Russell craig.russ...@sun.com wrote:

 The main point is that you and I disagree on whether FixFlyer Ki and Apache
 Ki are in the same domain.

 I have neither broad nor deep experience with securities trading systems,
 but I do know what financial securities are. And I claim that someone
 knowledgeable enough about computer systems to be in a position to evaluate
 software for securities trading systems, should know the difference between
 Java security and Securities Trading.

The ASF position has in the past been to not challenge industry for a
decision in court. If FixFlyer says that they think this is a problem
for them (and/or us) we should take that seriously and try to avoid
confrontation. It is too likely that they can toss a few 100k on
legal, whereas we shouldn't. The fact that they reacted within a few
months from the selection of the Apache Ki name, suggest that there is
indeed an industry overlap. AFAIUI, the overlap is not per
functionality but per industry, we would probably get away with a
Apache Focus (Ford Focus) but maybe not a Apache Windows even if
it was a mechanical gadget, we are in the same industry as Microsoft.

So, Craig, I think your position in this case is weak, and Alan's
argument is convincing and I would not like to hear that in court. My
position is that the project should find another name. I know that the
community has been through a painful such experience before, and I
hope it can be made less stressful this time.


Cheers
-- 
Niclas Hedhman, Software Developer
http://www.qi4j.org - New Energy for Java

I  live here; http://tinyurl.com/2qq9er
I  work here; http://tinyurl.com/2ymelc
I relax here; http://tinyurl.com/2cgsug

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Re: This problem of mine

2009-05-12 Thread Les Hazlewood
On Tue, May 12, 2009 at 3:55 PM, Bernd Fondermann 
bernd.fonderm...@googlemail.com wrote:

What I don't get is why would anyone want to keep the name if there
 are potential overlaps or troubles ahead?
 I mean, there are probably better (coding) and harder (releasing,
 graduating) things to do than getting stuck about the name.
 Why don't you (as a podling) simply move on with another cool name,
 for example, just brainstorming here... JSecurity... or something
 similar?


JSecurity was deemed as a potential naming conflict risk (much in the same
way Ki is now), so we dropped it, and finally came to a vote to change the
name to Ki.  But this resolution took over 4 or 5 months to finally come to
a favorable vote, so we didn't want to go through that painful process all
over again, since it seemed like no one was willing to come to consensus on
other names.  It is very difficult to find an even remotely-correlated name
in the security space that might not infringe on another
site/company/product/trademark/patent.

Given the difficulty and the enormous amount of time spent already, we just
wanted to move on to focus exactly on the things you mention, and only worry
about changing the name yet again if it was absolutely required by the
Incubator to do so.  That being said, if the Incubator says the Ki podling
must change its name, then fine, we'll be happy to do so, but most of us
didn't want to spend the effort worrying about it unless necessary.

Regards,

Les


Re: This problem of mine

2009-05-12 Thread Bernd Fondermann
On Tue, May 12, 2009 at 22:58, Les Hazlewood lhazlew...@apache.org wrote:
 On Tue, May 12, 2009 at 3:55 PM, Bernd Fondermann 
 bernd.fonderm...@googlemail.com wrote:

 What I don't get is why would anyone want to keep the name if there
 are potential overlaps or troubles ahead?
 I mean, there are probably better (coding) and harder (releasing,
 graduating) things to do than getting stuck about the name.
 Why don't you (as a podling) simply move on with another cool name,
 for example, just brainstorming here... JSecurity... or something
 similar?


 JSecurity was deemed as a potential naming conflict risk (much in the same
 way Ki is now), so we dropped it, and finally came to a vote to change the
 name to Ki.  But this resolution took over 4 or 5 months to finally come to
 a favorable vote, so we didn't want to go through that painful process all
 over again, since it seemed like no one was willing to come to consensus on
 other names.  It is very difficult to find an even remotely-correlated name
 in the security space that might not infringe on another
 site/company/product/trademark/patent.

ok, I see. At least, for JSecurity, these conflicts never came up, did they?

That's why so many project go with names from biona or mythology.

 Given the difficulty and the enormous amount of time spent already, we just
 wanted to move on to focus exactly on the things you mention, and only worry
 about changing the name yet again if it was absolutely required by the
 Incubator to do so.  That being said, if the Incubator says the Ki podling
 must change its name, then fine, we'll be happy to do so, but most of us
 didn't want to spend the effort worrying about it unless necessary.

To me, it seems neccessary, but this is just my 2 eurocent.

  Bernd

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Re: This problem of mine

2009-05-12 Thread Niclas Hedhman
On Tue, May 12, 2009 at 11:10 PM, Les Hazlewood lhazlew...@apache.org wrote:
 How do you check to ensure that the name is actually usable?  We did a lot
 of due diligence on Ki, checked USPTO searches for patents/trademarks on Ki
 and found not a single result, and performed lots of google searching and
 still we're in the current predicament.  How does one ever rest assured the
 name is 'safe' unless you just pick complete gibberish?

It never is safe. If you have zero hits on Google it is 'more safe'
than there is 300 millions, since you would not have a clue what all
those hits are. But, even zero presence on the Net doesn't exclude
people owning some trademarks. If I am not mistaken, Google is
apparently settling Android at the moment. Only time will tell... It
is largely a matter of reducing the risks. The fact that Apache Ki
is challenged (at least softly) now is not a sign of failure for the
last round of name change, more like bad luck.

Cheers
-- 
Niclas Hedhman, Software Developer
http://www.qi4j.org - New Energy for Java

I  live here; http://tinyurl.com/2qq9er
I  work here; http://tinyurl.com/2ymelc
I relax here; http://tinyurl.com/2cgsug

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Re: This problem of mine

2009-05-12 Thread Emmanuel Lecharny

Bernd Fondermann wrote:

JSecurity was deemed as a potential naming conflict risk (much in the same
way Ki is now), so we dropped it, and finally came to a vote to change the
name to Ki.  But this resolution took over 4 or 5 months to finally come to
a favorable vote, so we didn't want to go through that painful process all
over again, since it seemed like no one was willing to come to consensus on
other names.  It is very difficult to find an even remotely-correlated name
in the security space that might not infringe on another
site/company/product/trademark/patent.



ok, I see. At least, for JSecurity, these conflicts never came up, did they?
  

http://www.juniper.net/security/


That's why so many project go with names from biona or mythology.

  

Given the difficulty and the enormous amount of time spent already, we just
wanted to move on to focus exactly on the things you mention, and only worry
about changing the name yet again if it was absolutely required by the
Incubator to do so.  That being said, if the Incubator says the Ki podling
must change its name, then fine, we'll be happy to do so, but most of us
didn't want to spend the effort worrying about it unless necessary.



To me, it seems neccessary, but this is just my 2 eurocent.
  
It took 4 months to move from JSecurity to Ki, just because, very like 
this thread, people are *discussing* for ever something which would be 
immediately solved if common sense was applied : avoid as much as 
possible any risk, and change the name if the risk is becoming a reality.


It will take another 4 months to decide to switch from Ki to something 
more appropriate if we follow the same pattern. That's a waste of time 
and energy.


Bernd, I'm totally on the same page with you.

--
--
cordialement, regards,
Emmanuel Lécharny
www.iktek.com
directory.apache.org



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