On 10 Apr 2022, at 18:02, Mark Thomas <[email protected]> wrote:
> On 07/04/2022 16:07, Dirk-Willem van Gulik wrote:
> 
> <snip/>
> 
>> And finally - that we offer a non-exclusive license to the name (but without 
>> the apache prefix), trademark and full provenance/code history; to any party 
>> that wants to take over; provided they abide by the Apache license.
> 
> With my VP Brand hat on: -1
> 
> There are various reasons why a project enters the attic. Whether to allow 
> the name to be used is a decision that needs to be taken on a case by case 
> basis. It isn't a situation where a general rule can be applied.

Just to clarify/understand - you are also concerned about this from a brand 
perspective if the apache prefix (e.g. Apache FooBar) is removed as per the 
original proposal. So it is the ability to call it ‘FooBar’ ?

You would also be against licensing that (so it is not a transfer) on a non 
exclusive basis - perhaps with the insistence that they prefix it with 
something like; like ‘CivicFoundation FooBar’ ?

> <snip/>
> 
>> With the option; e.g. after 1 or 2 years; for that new community to petition 
>> the board for the actual trademarks, domain names and what not.
> 
> Again: -1
> 
> We can't do this. At least not with out an awful lot of expensive legal hoop 
> jumping. Trademarks are an asset. As a US charity it is legally complex to 
> transfer one of our assets to another entity.

Right - but the expenses I am not too concerned about - they can be covered by 
the receiving party - in the rare cases that we’d want such an exclusive 
transfer as opposed to the non-exclusive just ‘license’ case above.

> We have had situations like this in the past. My aim as VP Brand is always to 
> try and do whatever is in the best interest of the project community whether 
> that community wants its home to be at the ASF or outside it.

Right - but the issue is that we’ve lost the (nexus) of the community at the 
ASF - and there is some group of people outside it that wants to continue & 
build a new one — perhaps with different governance.

As it is the latter that may likely be needed in the sort of cases where the 
software has become too core to society - yet no longer of interest to 
volunteer maintainers labouring under ASF governance.

Dw
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