I'm less concerned about the project name in as much as I'm concerned about the transition from development done at NCSU being done at Apache. From what I can see the developers have been moving their activity here and we're seeing collaboration in the Incubator which indicate to me that the project is making the transition to Apache. That said, we need to get a release out and keep stoking the fires of the community.

As far as the name goes, I agree that it is / will be confusing and personally would support changing it. Its pretty clear that the bulk of the community (those from NC State) are opposed to changing the name as they are vested in the name. Fine.


The name discussion can probably go on for a long long time as it sounds like its mostly opinion at this point and there are not any legal issues that would prevent it. Personally, I think the project is going to have a problem creating an identity separate from NC State because of using the same name. However, its up to the community to show that the real work is done here and this is where the project lives. Progress is being made, there is lots more to do.


On May 29, 2009, at 11:27 AM, Henri Yandell wrote:

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
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