Does this still hold Larry after further explanations in later mail?

"Apache VCL" would exist, and users of Apache VCL would be able to
call their service "MyName VCL" without our having any trademark
concerns? Are NCSU the effective owners and we have an implied license
from them, so whether MyName VCL is allowed or not is up to NCSU
still?

For Josh's info - 'Business' decisions on trademarks are the realm of
the PRC as opposed to Legal, so we might need to tie them in. I'll see
what Larry says first.

Thanks,

Hen

On Wed, May 27, 2009 at 3:58 PM, Lawrence Rosen <lro...@rosenlaw.com> wrote:
>> > From those on the legal-discuss list, there's one thing NCSU would like
>> > to get clarification on.  If NCSU more clearly donates the name "VCL" to
>> > Apache, would NCSU still be allowed to run a service that contains "VCL"
>> > in the name of the service?
>
> Yes. We can't and won't expressly trademark "VCL".
>
> NCSU doesn't need to donate anything, merely acquiesce in our calling our
> software "Apache VCL".
>
> /Larry (with ASF attorney hat on)
>
>
>> -----Original Message-----
>> From: Josh Thompson [mailto:josh_thomp...@ncsu.edu]
>> Sent: Wednesday, May 27, 2009 8:07 AM
>> To: legal-disc...@apache.org
>> Cc: vcl-dev@incubator.apache.org
>> Subject: Re: VCL project name
>>
>> -----BEGIN PGP SIGNED MESSAGE-----
>> Hash: SHA1
>>
>> Bump.
>>
>> Is there anyone out there that could give us some direction about our
>> project
>> name?
>>
>> Thanks,
>> Josh
>>
>> On Monday May 04, 2009, Josh Thompson wrote:
>> > To the legal-discuss list:
>> >
>> > From those on the legal-discuss list, there's one thing NCSU would like
>> to
>> > get clarification on.  If NCSU more clearly donates the name "VCL" to
>> > Apache, would NCSU still be allowed to run a service that contains "VCL"
>> in
>> > the name of the service?
>> >
>> > Whether or not the Apache project name changes, the NCSU site
>> > (http://vcl.ncsu.edu) will be updated to clearly reflect that the code
>> > powering the service is from Apache.  As a bit of background, while
>> > development of VCL was at NCSU, NCSU had no problems with other
>> > universities using the code to run a service named "VCL" at their own
>> site.
>> >  It was just asked that somewhere on the site, NCSU was credited with
>> the
>> > development of VCL.  When moving the code to Apache, it was assumed that
>> > this same arrangement would be allowed (i.e. Apache credited with the
>> > development of VCL).  It's okay if that's not the case, but it would be
>> > helpful to have some legal reasons explaining why.
>> >
>> > To the vcl-dev list:
>> >
>> > If using "VCL" in the name of the service would not be allowed, what do
>> > people in the VCL community think of changing the Apache project name to
>> > VCloud? That name was previously mentioned by Sam in this message:
>> >
>> > http://mail-archives.apache.org/mod_mbox/incubator-vcl-
>> dev/200903.mbox/<001
>> >701c99c40$87f1a390$97d4eab0$%40edu>
>> >
>> > Thanks,
>> > Josh
>> >
>> > On Friday May 01, 2009, aaron_pee...@ncsu.edu wrote:
>> > > Matt, Alan, Kevan,
>> > >
>> > > Any additional information on the project name ?
>> > >
>> > > I found this in the archives:
>> > > http://mail-archives.apache.org/mod_mbox/www-legal-
>> discuss/200904.mbox/%3
>> > >C4 d6e71c2-396a-4b02-afa9-041edd94f...@sun.com%3e
>> > >
>> > > In particular:
>> > >
>> > > "If you want to continue to use VCL, I'd recommend asking NCSU to make
>> > > more obvious their donation to Apache and their intent to donate not
>> > > only the code but the name. This would allow us to claim historic use
>> > > of the name. If not, find another name."
>> > >
>> > > How do we donate the name?
>> > >
>> > > NCSU is taking efforts to make the donation more obvious at the ncsu
>> > > site.
>> > >
>> > > Thanks for any advice,
>> > > Aaron
>> - --
>> - -------------------------------
>> Josh Thompson
>> Systems Programmer
>> Virtual Computing Lab (VCL)
>> North Carolina State University
>>
>> josh_thomp...@ncsu.edu
>> 919-515-5323
>>
>> my GPG/PGP key can be found at pgp.mit.edu
>> -----BEGIN PGP SIGNATURE-----
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>>
>> iD8DBQFKHVcfV/LQcNdtPQMRAmhVAJ9AbkQrMQPQmAUbzqU1RWTC+BQfxQCeJAYX
>> nQc36WzLTUwAfkXuu94sAoU=
>> =3CVv
>> -----END PGP SIGNATURE-----
>>
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