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From Sam Ruby <ru...@intertwingly.net>
Subject Re: What is the legal basis for enforcing release policies at ASF?
Date Fri, 07 Aug 2015 12:39:02 GMT
On Fri, Aug 7, 2015 at 7:53 AM, Niclas Hedhman <niclas@hedhman.org> wrote:
> Bill,
> So I can release "Niclas Hadoop platform, based on Apache Hadoop" ?? I
> thought the discussion a few years ago was that this was misleading...

Things in law are rarely binary except at the edges or after an actual
court ruling.

Releasing a "Niclas George platform powered by Apache Hadoop" conforms
with our branding requirements, so would likely be OK.  The further
you go away from that, the less clear that what you are doing would be
OK.

Hadoop would be a especially problematic case for you, as "Apache
Hadoop, Hadoop, Apache, the Apache feather logo, and the Apache Hadoop
project logo are either registered trademarks or trademarks of the
Apache Software Foundation in the United States and other countries. "
-- https://hadoop.apache.org/

http is a more generic term, so including variants of it in your name
(including httpd) would be less problematic than incorporating a name
like Hadoop.

- Sam Ruby

> On Fri, Aug 7, 2015 at 12:30 PM, William A Rowe Jr <wrowe@rowe-clan.net>
> wrote:
>
>> On Thu, Aug 6, 2015 at 7:50 PM, Roman Shaposhnik <roman@shaposhnik.org>
>> wrote:
>>
>> > Hi!
>> >
>> > while answering a question on release policies and ALv2
>> > I've suddenly realized that I really don't know what is the
>> > legal basis for enforcing release policies we've got
>> > documented over here:
>> >    http://www.apache.org/dev/release.html
>> >
>> > For example, what would be the legal basis for stopping
>> > a 3d party from releasing a snapshot of ASF's project
>> > source tree and claim it to be a release X.Y.Z of said
>> > project?
>> >
>>
>> Nothing other than the Trademarks.
>>
>> If someone wants to call httpd trunk 3.0.1-GA, they cannot do this as
>> "Apache httpd 3.0.1-GA" or "Apache HTTP Server 3.0.1-GA".
>>
>> They can certainly release trunk under the AL license and call it "Kindred
>> Http Server 3.0.1-GA, based on Apache HTTP Server". That is a statement of
>> fact and not an abuse of the mark, IMHO. (If it was not actually based on
>> Apache HTTP Server, then that would similarly be a Trademark infringement
>> as it is a false use of the mark.)
>>
>> There are no less than two marks, one is the name of the foundation itself
>> in conjunction with Open Source Software, and the other is the specific
>> project name.
>>
>
>
>
> --
> Niclas Hedhman, Software Developer
> http://zest.apache.org - New Energy for Java

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