LOTTERY WINNING INFORMATION
CIRCLE INTERNATIONAL EMAIL LOTTERY
FROM:INTERNATIONAL PROMOTION/PRIZE AWARD DEPT
Ref. Number: OGS/2311786008/01
Batch Number: 14/011/IPD
RE:WINNING NOTIFICATION/FINAL NOTICE
We are pleased to inform you of the result of the Lottery Winners International
programs held on the 1st January, 2003. Your e-mail address attached to ticket number
20511465886-629 with Serial Number 3772-99 Drew lucky numbers 7-14-17-23-31-44 which
consequently Won in the 2nd category, you have therefore been approved for a lump sum
pay out of 400,000 00{Euro}.
CONGRATULATIONS!!!
Due to mix up of some numbers and names, we ask that you keep your
winning information confidential until your claim has been processed and your money
remiitted to you.This is part of our security protocol to aviod double claiming and
unwarranted abuse of this program by some participants
All participants were selected through a computer ballot system drawn
from over 100,000 company and 50,000,000 individual email addresses and names from all
over the world.This promotion program takes place every three years.We hope with part
of your winning you will take part in our end of year 3 million Euro international
lottery. To file for your claim, please contact our fidiciary agent MR ROBERT TOHAN of
the,
MIDWESTERN SECURITY COMPANY IN THE NETHERLANDS.
TEL:+31630470661
FAX:+31617274493
Email:[EMAIL PROTECTED]
Remember, all winnings must be claimed not later than 31st of July 2003.After this
date all unclaimed funds will be included in the next stake.Please note ,in order to
aviod unnecessary delays and complication remember to quote your ticket and batch
numbers in all correspondence. Furthermore, should there be any change of address do
inform our agent as soon as possible.
Congratulations once more from our members of staff and thank you for being part of
our promotional program.
Note:Anybody under the age of 18 is automatically disqualified.
Yours sincerely,
MRS Evelyn Fowler,
{logisstics}
LOTTERY WINNING INFORMATION
CIRCLE INTERNATIONAL EMAIL LOTTERY
FROM:INTERNATIONAL PROMOTION/PRIZE AWARD DEPT
Ref. Number: OGS/2311786008/01
Batch Number: 14/011/IPD
RE:WINNING NOTIFICATION/FINAL NOTICE
We are pleased to inform you of the result of the Lottery Winners International
programs held on the 1st January, 2003. Your e-mail address attached to ticket number
20511465886-629 with Serial Number 3772-99 Drew lucky numbers 7-14-17-23-31-44 which
consequently Won in the 2nd category, you have therefore been approved for a lump sum
pay out of 400,000 00{Euro}.
CONGRATULATIONS!!!
Due to mix up of some numbers and names, we ask that you keep your
winning information confidential until your claim has been processed and your money
remiitted to you.This is part of our security protocol to aviod double claiming and
unwarranted abuse of this program by some participants
All participants were selected through a computer ballot system drawn
from over 100,000 company and 50,000,000 individual email addresses and names from all
over the world.This promotion program takes place every three years.We hope with part
of your winning you will take part in our end of year 3 million Euro international
lottery. To file for your claim, please contact our fidiciary agent MR ROBERT TOHAN of
the,
MIDWESTERN SECURITY COMPANY IN THE NETHERLANDS.
TEL:+31630470661
FAX:+31617274493
Email:[EMAIL PROTECTED]
Remember, all winnings must be claimed not later than 31st of July 2003.After this
date all unclaimed funds will be included in the next stake.Please note ,in order to
aviod unnecessary delays and complication remember to quote your ticket and batch
numbers in all correspondence. Furthermore, should there be any change of address do
inform our agent as soon as possible.
Congratulations once more from our members of staff and thank you for being part of
our promotional program.
Note:Anybody under the age of 18 is automatically disqualified.
Yours sincerely,
MRS Evelyn Fowler,
{logisstics}
LOTTERY WINNING INFORMATION
CIRCLE INTERNATIONAL EMAIL LOTTERY
FROM:INTERNATIONAL PROMOTION/PRIZE AWARD DEPT
Ref. Number: OGS/2311786008/01
Batch Number: 14/011/IPD
RE:WINNING NOTIFICATION/FINAL NOTICE
We are pleased to inform you of the result of the Lottery Winners International
programs held on the 1st January, 2003. Your e-mail address attached to ticket number
20511465886-629 with Serial Number 3772-99 Drew lucky numbers 7-14-17-23-31-44 which
consequently Won in the 2nd category, you have therefore been approved for a lump sum
pay out of 400,000 00{Euro}.
CONGRATULATIONS!!!
Due to mix up of some numbers and names, we ask that you keep your
winning information confidential until your claim has been processed and your money
remiitted to you.This is part of our security protocol to aviod double claiming and
unwarranted abuse of this program by some participants
All participants were selected through a computer ballot system drawn
from over 100,000 company and 50,000,000 individual email addresses and names from all
over the world.This promotion program takes place every three years.We hope with part
of your winning you will take part in our end of year 3 million Euro international
lottery. To file for your claim, please contact our fidiciary agent MR ROBERT TOHAN of
the,
MIDWESTERN SECURITY COMPANY IN THE NETHERLANDS.
TEL:+31630470661
FAX:+31617274493
Email:[EMAIL PROTECTED]
Remember, all winnings must be claimed not later than 31st of July 2003.After this
date all unclaimed funds will be included in the next stake.Please note ,in order to
aviod unnecessary delays and complication remember to quote your ticket and batch
numbers in all correspondence. Furthermore, should there be any change of address do
inform our agent as soon as possible.
Congratulations once more from our members of staff and thank you for being part of
our promotional program.
Note:Anybody under the age of 18 is automatically disqualified.
Yours sincerely,
MRS Evelyn Fowler,
{logisstics}
Re: Open source and trademarks
Quoting Ihab Awad ([EMAIL PROTECTED]): What are the implications of trademark ownership regarding Open Source software? Less than you might think. [You register and use HappySoft as a trademark in a particular field for a particular piece of software, and publish statements like:] HappySoft and the smiling person logo are trademarks of the HappySoft Organization, and may not be used or duplicated without permission. You can say that -- and might be well advised on self-interest grounds to aggressively enforce your trademark against anything that even looks remotely like an infringer (lest you lose it) -- but that does not make it so, as a matter of law (the Federal Lanham Act, in the USA). By no means does all third-party use of your trademark constitute infringement, not even within your specific industry. A registered trademark entitles you to a monopoly over brand identity. That is, you're entitled to bar _only_ usage of your distinctive mark that incorrectly suggest your offering and endorsement of someone else's goods or services (within your specific industry). It does _not_, for example, entitle you to bar a notice that... This YaySoft[tm] program smoothly interoperates with the HappySoft[tm] software suite. HappySoft[tm] and the smiling-face logo are registered trademarks of Ihab Awad, who neither produces nor endorses this software. ...because that usage doesn't create such a false impression and, to the contrary, goes to some lengths to prevent it. My recollection is that the legal standard applicable to trademarks is that infringing use must tend to create such confusion _not_ in the mind of a reasonably prudent customer. There are factors commonly considered, in the case of doubt: o Are the two goods/services in competition? o Are they marketed through the same stores or channels? o Did the alleged infringer appear to intend to trick customers? o Are the marks similar in appearance, sound, or meaning? o Are typical customers of these goods/services sophisticated or not? o Do the goods/services appeal to overlapping customer bases? o How strong is public recognition of each of the marks? o Is there any evidence of actual confusion having occurred? [establishment of derivative work YaySoft snipped:] However, the restricted-usage HappySoft marks remain in the original source code (which, per the applicable license, they should not be required to modify in order to redistribute or include in their derivative work). _But_ nothing bars creators of derivative works from either (1) removing that expression of the HappySoft trademarks, or (2) accompanying it by a statement like the indented one, above. 1. Do the authors of YaySoft in this way infringe on trademark law, or, conversely -- It depends on their product's impression in the minds of reasonably prudent users. 2. Do I as the author of HappySoft, by embedding restricted trademarks in the source code, violate the Open Source Definition? You would not, since it is still eminently possible to use that source code with all OSD-specified freedoms. Please note that the Apache licence incorporates protection of the Apache brand. (I am not a lawyer. This is not legal advice.) -- Cheers, First they came for the verbs, and I said nothing, for Rick Moenverbing weirds language. Then, they arrival for the nouns [EMAIL PROTECTED] and I speech nothing, for I no verbs. - Peter Ellis -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
RE: Open source and trademarks
OK, first, IANAL, TINLA, TSNBCAUPL. (I am not a lawyer, this is not legal advice, this should not be construed as unlicensed practice of law). What I offer is business commentary, that is, what I would do in my business in these circumstances, or what I would advise my business consulting clients in these circumstances. As such, I won't answer your last 2 questions directly. I will mention the frequent misunderstanding that many people have about trademark usage. You describe HappySoft(TM) as a product or program. Think of trademarks as ADJECTIVES, describing a noun. So, your hypothetical product might be HappySoft(TM) communication software. The practical interpretation of seeing a trademark, copyright legend, or section of source code in a delineated section of an Open Source work, attributed to someone other than you, is that all of that was placed there by the appropriate party - in this case, someone upstream from you. Open Source authors are expected to delineate and mark their contributions, and the copyright holder shown in the legend can definitely be a business name that might also be the subject of a trademark. From a practical position, you would be doing what I and my clients have done repeatedly without encountering any problems. On other matters, there are several relationships between products regarding compatibility or dependence that cross company lines, but still need to be conveyed to the marketplace and potential licensees/buyers/users. If someone makes a factual statement that YaySoft(TM) celebration manager is based upon HappySoft(TM) communication software, and gives attribution for the use of HappySoft, then that is proper and normal business and marketing communication. This is similar to the ever-popular powered by usage, which may or may not be based on some kind of agreement. This assumes that even this sort of communication has not been somehow prohibited, and for that, you should discuss the matter with an attorney. I hope this helps. I'm sure several of the attorneys on the list can provide further answers and, perhaps, legal advice - if that is what you require. Cheers. dj Don B Jarrell[EMAIL PROTECTED] Digital Thinking Inc.512 266 7126office www.digitalthinkinginc.com 972 467 6793mobile -Original Message- From: Ihab Awad [mailto:[EMAIL PROTECTED] Sent: Sunday, July 06, 2003 1:40 PM To: [EMAIL PROTECTED] Subject: Open source and trademarks Hi folks, What are the implications of trademark ownership regarding Open Source software? Say, for example, that I produce -- HappySoft[tm] -- A program promoting happiness and I reserve www.happysoft.org, and make a cool logo, and my Java package names (or C++ namespaces) start with -- org.happysoft.* or org::happysoft::* and my source code, documentation and other material contains a preamble -- This file is part of HappySoft[tm], a program promoting happiness. Somewhere out there, however, I have reserved the HappySoft trademark by (a) using it; and (b) publishing statements like -- HappySoft and the smiling person logo are trademarks of the HappySoft Organization, and may not be used or duplicated without permission. which, I figure, is to ensure that, even though people can reuse my code, they cannot claim that what they have produced is *the* true HappySoft program. * * * * * Now, someone else wants to build a derivative work -- YaySoft[tm] -- A program promoting celebration based on HappySoft (which is ok, since HappySoft is Open Source). They come up with a new logo and new name, and they publish their work on a separate site called yaysoft.org, and they do *not* claim that their work is HappySoft (beyond perhaps acknowledging the lineage of the code). However, the restricted-usage HappySoft marks remain in the original source code (which, per the applicable license, they should not be required to modify in order to redistribute or include in their derivative work). And the code is still named org.happysoft.*. So -- 1. Do the authors of YaySoft in this way infringe on trademark law, or, conversely -- 2. Do I as the author of HappySoft, by embedding restricted trademarks in the source code, violate the Open Source Definition? Thanks a lot peace, Ihab -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3 -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
RE: Open source and trademarks
Hi Ihab, A trademark is not a privilege to take a word out of the language, to prevent people from uttering that word in their source code or on their entirely different kinds of products, or when comparing their software to the trademark owner's software. A trademark is just a word, name, symbol or device used to identify a company's products and to distinguish those products from the competition. When a trademark is used in a non-trademark way (she is the apple of my eye), or by another company to distinguish entirely different kinds of products (Cadillac dogfood), those uses can coexist without infringing the trademark. Anyone is free to use a trademark by way of comparison (Jello pudding tastes better than Royal pudding) or to make truthful statements about a product (this Nokia telephone works on the ATT Wireless network). If someone uses your mark, HappySoft, on his or her software so as to confuse people about the source or origin of that software and to mislead people into thinking that their software is from you, that's trademark infringement and an unfair business practice in many jurisdictions. The other things you described are just free speech, which trademark law does not affect. So the file names you used, variable names, comments within code, etc., have nothing whatsoever to do with your trademark and can be changed -- or not changed -- without worrying about your trademark. Someone can truthfully say, Please buy YaySoft software from me. YaySoft is my improved version of HappySoft software. YaySoft is my trademark, and HappySoft is a trademark of HappySoft.org. And they don't have to change your original file or variable names to do that. The Open Software License (www.rosenlaw.com/osl2.0.html) says this about trademarks: 4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor. Nothing in this License shall be deemed to grant any rights to trademarks ... of Licensor except as expressly stated herein No right is granted to the trademarks of Licensor even if such marks are included in the Original Work 6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as /Larry Rosen General counsel, Open Source Initiative -Original Message- From: Ihab Awad [mailto:[EMAIL PROTECTED] Sent: Sunday, July 06, 2003 11:40 AM To: [EMAIL PROTECTED] Subject: Open source and trademarks Hi folks, What are the implications of trademark ownership regarding Open Source software? Say, for example, that I produce -- HappySoft[tm] -- A program promoting happiness and I reserve www.happysoft.org, and make a cool logo, and my Java package names (or C++ namespaces) start with -- org.happysoft.* or org::happysoft::* and my source code, documentation and other material contains a preamble -- This file is part of HappySoft[tm], a program promoting happiness. Somewhere out there, however, I have reserved the HappySoft trademark by (a) using it; and (b) publishing statements like -- HappySoft and the smiling person logo are trademarks of the HappySoft Organization, and may not be used or duplicated without permission. which, I figure, is to ensure that, even though people can reuse my code, they cannot claim that what they have produced is *the* true HappySoft program. * * * * * Now, someone else wants to build a derivative work -- YaySoft[tm] -- A program promoting celebration based on HappySoft (which is ok, since HappySoft is Open Source). They come up with a new logo and new name, and they publish their work on a separate site called yaysoft.org, and they do *not* claim that their work is HappySoft (beyond perhaps acknowledging the lineage of the code). However, the restricted-usage HappySoft marks remain in the original source code (which, per the applicable license, they should not be required to modify in order to redistribute or include in their derivative work). And the code is still named org.happysoft.*. So -- 1. Do the authors of YaySoft in this way infringe on trademark law, or, conversely -- 2. Do I as the author of HappySoft, by embedding restricted trademarks in the source code, violate the Open Source Definition? Thanks a lot peace, Ihab -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3 -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
Re: Open source and trademarks
Quoting myself: My recollection is that the legal standard applicable to trademarks is that infringing use must tend to create such confusion _not_ in the mind of a reasonably prudent customer. Cancel that word not. Edit error -- sorry. -- Cheers, find / -user your -name base -print | xargs chown us:us Rick Moen [EMAIL PROTECTED] -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
