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Date: Mon, 27 Dec 2004 23:16:10 -0500
From: Alex Karasulu <aok123@bellsouth.net>
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To: legal-internal@apache.org,
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Subject: Re: [VOTE] Directory project releases
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Roy T. Fielding wrote:

> -1  The incubator status file does not reflect any progress towards
>     clearing the IP (you MUST update that file).


Yes I should have updated this ages ago.  Thanks for catching it. 


> Furthermore, the release artifacts use names that are trademarked and in
> use by other projects.  Some questions need to be answered, while others
> require a rename:

Before discussing each specific item below I'd like to point out a few 
things.  The ASF had through the incubator given us a link to an online 
service for looking up trademarks.  We were told this service should be 
used to determine if there were any infringements with project names.  I 
personally used the service for two of the names cited in the items 
below.  According to the ASF the existance of any trademark alone was 
not an issue.  For there to be an infringement the trademark would have 
to fall within the same field and domain where the names also match 
exactly.  In the case of the Eve Directory Server for example, the 
presence of a trademark for "Eve Online", an online game would not be an 
infringement.  I understand your concern but this is not the same name. 
BTW note that "Eve Online" did not exist in 2002 when we first started 
using the name Eve Directory Server for this project.


 From the language and terms on the incubator site I was completely 
under the impression that this kind of name use would not present any 
legal issues.

>
>   1) Has Matt Walsh approved transfer of the SEDA name?  Is that library
>      a direct descendant of <http://sourceforge.net/projects/seda/>, in
>      which case the version numbering should be 4.0, or does it 
> merely  use
>      his architecture (in which case it is wrong to use the name)?
>
No there is no relation between our seda package and the SEDA project on 
Sourceforge.  We just named this thing, seda because we had no name for 
it at the time.  SEDA is what it is as far as the architecture used.  
It's like naming a cat, cat.  I think the SEDA project on Sourceforge 
actually calls the respective code with the same fuction Sandstorm.  
SEDA is an acronym used for Staged Event Driven Architecture as you 
probably already know.  It was part of Matt Welsh's doctoral thesis and 
hence the name and the technology is not something that can hold a 
trademark.  At least this is my understanding - perhaps this can be 
clarified by legal.


Furthermore the concept of Threads for example was invented by some OS 
manufacturer but there are threads implementations all over like 
pthreads.  When does it become an infringement?  If we call a SEDA 
implementation seda?  See what I mean? Its kind of nebulous here.  I'd 
like some clarification myself. Regardless I'm totally fine with 
changing the name here.

>   2) Eve is a trademark of CCP Ltd. for use in on-line software.  We  
> cannot
>      legally distribute software under that name.


At a closer glance I noticed the trademark is "Eve Online" and not 
really Eve.  "Eve Directory Server" is not the same name and it does not 
infringe on this trademark.  I do understand your concern though but 
where do we draw the line.  Also for the record we had the name Eve 
before they did.  Sounds silly but true.  We've been under incubation 
for a long time now 14 months and when I checked in the begining they 
where not even on the map. 

>   3) Janus is a trademark of Janus International Holding Co, which has
>      actively defended it in other contexts:
>       
> <http://arbiter.wipo.int/domains/decisions/html/2002/d2002-0201.html>.

Youch!

>      Janus is also the name of several software projects and at least  
> one
>      software company.  I do not consider it sufficiently free of 
> risk  to
>      be used as the name of an Apache product.

This is just trouble! I agree.  Let's just quickly find another name for 
this.  Any recommendations would be welcome.

>
>   4) Snickers is a trademark of MARS, Inc.  It is actively defended and
>      used on-line, and thus unlikely to be usable by the ASF for more  
> than
>      a few months before they send us a Cease & Desist.

Snickers is an ASN.1 software library which is a Snacc4J replacement.  
It's obviously not a candy bar.  Do they really have the right to 
enforce a Cease and Desist?  This is definately trademarked by MARS as 
you say no doubt about that.  We need to rename this as well but just 
for clarification how do companies like this get away with it?

http://www.snickers.se/Snickers/ChangeMarket.aspx

>
>   5) Kerberos is a trademark of MIT.  We cannot legally distribute  
> software
>      under that name.

No trademark is registered with Kerberos as far as I can see.  Also 
looks like Enrique performed some similar searches and found:

"The USPTO Trademark Electronic Search System shows efforts by MIT to 
trademark Kerberos in the early 90's were abandoned.  Published articles 
up until the late 90's may claim a trademark by MIT, but this is not the 
case. "

>
> It is the responsibility of all Apache projects to search for and verify
> compliance with trademark law prior to release of products that might be
> considered an infringement.

Understood!  We do take this seriously although we have some absurd 
issues here w.r.t. Snickers and Janus.  We shall address these 
immediately. 

Thanks,
Alex

>
> ....Roy
>
> On Dec 27, 2004, at 10:33 AM, Alex Karasulu wrote:
>
>> Hello,
>>
>> We at the Directory Project (under incubation here,  
>> http://incubator.apache.org/directory) have been preparing to 
>> release  from the incubator.  The major subprojects that shall 
>> release  artifacts if this vote passes are listed below with a 
>> release version,  a short description, and a link if more information 
>> is needed to  partake in this vote:
>>
>>
>> eve (0.8)
>>   - a pure Java LDAP directory server and LDAP JNDI provider
>>   - http://incubator.apache.org/directory/subprojects/eve/index.html
>>
>> ldap (0.8)
>>  - common LDAP libraries
>>  -  http://incubator.apache.org/directory/subprojects/directory-ldap/ 
>> index.html
>>
>> naming (0.8)
>>  - a lightweight, in-memory JNDI service provider
>>  -  
>> http://incubator.apache.org/directory/subprojects/directory-naming/ 
>> index.html
>>
>> janus (0.2)
>>  - an Authentication, Authorization and Accounting (AAA) framework
>>  - http://incubator.apache.org/directory/subprojects/janus/index.html
>>
>> snickers (0.2)
>>  - high performance non-blocking replacement for the Snacc4J runtime  
>> (ASN.1 runtime)
>>  -  
>> http://incubator.apache.org/directory/subprojects/snickers/index.html
>>
>> kerberos (0.4)
>>  - a pure Java kerberos server implementation
>>  -  
>> http://incubator.apache.org/directory/subprojects/kerberos/index.html
>>
>> seda (0.2)
>>  - a networking framework used by Kerberos and LDAP servers
>>  - http://incubator.apache.org/directory/subprojects/seda/index.html
>>
>>
>> We have prepared all jar artifacts so they contain 100% ASF owned  
>> code, the incubator disclaimer, the ASL 2.0 and the standard  
>> NOTICE.txt in accordance with incubation policies regarding 
>> releases.   All release artifacts also are maven generated artifacts 
>> whose group  IDs are set to incubator-directory to clearly show the 
>> code's  incubation status.
>> On behalf of the Directory Project Team, I would like to initiate a  
>> vote to release these versions of the artifacts in projects under 
>> the  the Directory  umbrella:
>>
>> [ ] +1 Approve the request to release
>> [ ] -1 Reject the request to release
>> [ ] +0 Abstain
>>
>> Wishing you and yours a Happy New Year!
>> The Directory Project Team
>>
>>
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>
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