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Larry Rosen kindly responded to my last request to the Apache legal-discuss 
list about using "Apache VCL" as the name of the project and NCSU continuing 
to use VCL in the name of its service.  He cc'd the vcl-dev list, but it 
hasn't shown up (I guess it's a closed list or the messages are waiting for 
moderation).  So, I'm forwarding the contents of the thread.  I've rearranged 
it a bit because some of the messages were top-posted and others were 
bottom-posted.  The archives of thread on the legal-discuss list can be found 


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>>>>> (This part was posted by Josh Thompson)
>>>>> 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?

>>> (This part was posted by Larry Rosen)
>>> 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".

>> (This part was posted by Alan Cabrera)
>> Let's say that IBM donates Websphere to the ASF.  They acquiesce in
>> our calling our software "Apache Webshpere".  Would it still be ok if
>> they had IBM Websphere?
> (This part was posted by Larry Rosen)
> Yes. (I presume you meant to type "Websphere"!) The key is acquiescence. It
> would mean that IBM has acquiesced to the use of "Websphere" as a common
> name for a variety of software products from different vendors, and they
> would no longer be able to defend it as their exclusive trademark for their
> own specific brand of software. But they could still use that name, because
> we and others couldn't challenge IBM's continued use either.
> /Larry
- -- 
- -------------------------------
Josh Thompson
Systems Programmer
Virtual Computing Lab (VCL)
North Carolina State University


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