RE: trademarked logos and GPL

2001-01-25 Thread Lawrence E. Rosen
> The following is arguably legal advice, but all of this information is > available on the UPSTO web site. And if you can't believe the > United States > government, who can you believe??? OPENSOURCE may not be lost as a TM to > the opensource community. On the federal register the term OPENSO

RE: Common Public License (IBM) Patent License Clause 2(b)

2001-01-25 Thread Carter Bullard
Hey Dan, I'm actually interested in OSI certification, and the IBM License has been OSI certified. So are you indicating that if 2(b) were removed, that the IBM License would have a better chance at GPL compatibility? Carter Carter Bullard QoSient, LLC 300 E. 56th Street, Suite 18K New York, Ne

Re: Germany

2001-01-25 Thread Ben Tilly
IANAL and all that... "Alexander Eichler" <[EMAIL PROTECTED]> wrote: > >Hi all, > >Following the IPL discussion started by intraDAT we have received quite >some requests for information concerning legal problems with GPL in >Germany. > >Under German law there are a couple of problems with Open So

RE: Common Public License (IBM) Patent License Clause 2(b)

2001-01-25 Thread Ravicher, Daniel B.
FSF's opinion, stated at http://www.fsf.org/philosophy/license-list.html is: "IBM Public License, Version 1.0 This is a free software license but it is incompatible with the GPL. The IBM Public License is incompatible with the GPL because it has various specific requirements that are not in t

Re: trademarked logos and GPL

2001-01-25 Thread John Cowan
Ravicher, Daniel B. wrote: > Non-lawyers want clear cut answers and believe they exist. Lawyers know > clear cut answers don't exist; there are always arguments on both sides. The first thing you learn in a lawin' family is that there ain't any definite answers to anything.

Michael Tiemann joins OSI board

2001-01-25 Thread Ian Lance Taylor
Red Hat has announced that Michael Tiemann has joined the OSI board: http://www.corporate-ir.net/ireye/ir_site.zhtml?ticker=RHAT&script=410&layout=-6&item_id=147351 I'm glad to hear it. Ian

Re: Common Public License (IBM)

2001-01-25 Thread John Cowan
Rod Dixon, J.D., LL.M. wrote: > It might be helpful when posting licenses to state what the goal is in using > this type of license rather than a license already approved (or already > submitted under a different name). If this license is identical to the IBM > Public License except for dropping

Common Public License (IBM) Patent License Clause 2(b)

2001-01-25 Thread Carter Bullard
Gentle people, Assuming that the IBM license is cool (and the CPL) would there be any problem to removing the patent license clause 2(b) and references to it in the General Section and getting OSI certification? This would remove only the patent license, not any license to do the Open Thing, and

Re: trademarked logos and GPL

2001-01-25 Thread Rod Dixon, J.D., LL.M.
Matt, I think the point was to say that some posts were not making a distinction between saying "that license is not legally enforceable in any court in the U.S." and "some of the terms of that license are not consistent with open source principles;" the latter is fine, the former should be avoid

Re: Common Public License (IBM)

2001-01-25 Thread Dan Streetman
On Tue, 23 Jan 2001, Rod Dixon, J.D., LL.M. wrote: >It might be helpful when posting licenses to state what the goal is in using >this type of license rather than a license already approved (or already >submitted under a different name). If this license is identical to the IBM >Public License ex

RE: trademarked logos and GPL

2001-01-25 Thread Ravicher, Daniel B.
Perhaps this discussion group will be best served by everyone contributing their reasoned and educated thoughts. Creating negative incentives to participate spells doom for the discussion and thwarts the benefit we could all receive from an open marketplace of ideas where we all feel comfortable

RE: trademarked logos and GPL

2001-01-25 Thread Lawrence E. Rosen
John, you asked: > > For example, it was > > because of mistakes made early in the game that the open source > > community lost all opportunity to obtain a trademark on "open > > source." > > Hmm, interesting. I thought it was because of the descriptive > nature of the proposed mark, which w

Re: trademarked logos and GPL

2001-01-25 Thread John Cowan
Lawrence E. Rosen wrote: > For example, it was > because of mistakes made early in the game that the open source > community lost all opportunity to obtain a trademark on "open > source." Hmm, interesting. I thought it was because of the descriptive nature of the proposed mark, which would

Germany

2001-01-25 Thread Alexander Eichler
Hi all, Following the IPL discussion started by intraDAT we have received quite some requests for information concerning legal problems with GPL in Germany. Under German law there are a couple of problems with Open Source Licensing, e.g. it is impossible under German law to have no liability for

RE: trademarked logos and GPL

2001-01-25 Thread Lawrence E. Rosen
I appreciate and sign on to Rod Dixon's answer. Well phrased! Thanks. /Larry Rosen Rod wrote: > Matt, > > I think the point was to say that some posts were not making a distinction > between saying "that license is not legally enforceable in any > court in the > U.S." and "some of the terms of

Re: Common Public License (IBM)

2001-01-25 Thread Rod Dixon, J.D., LL.M.
It might be helpful when posting licenses to state what the goal is in using this type of license rather than a license already approved (or already submitted under a different name). If this license is identical to the IBM Public License except for dropping a direct reference to "IBM," then I am