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From Jim Jagielski <>
Subject Re: incorporating? (was: Copyright & donating code)
Date Mon, 25 Jan 1999 00:39:35 GMT wrote:
> In a message dated 1/24/99 12:43:55 PM MST, writes:
> << Our reasons for incorporating are simple:
>    1. to provide the legal protection to the Apache "brand." Right now
>       their are people and companies using the Apache name without
>       our approval. That's not right.
> >> Correct. It isn't right, but that's the way you started out. FREE. Now all
> of a sudden you are faced with protecting the brand. Windows is a brand and
> look what Microsoft does to protect it. Do you know what it costs to protect a
> brand especially one as well recognized as Apache? The letter writing alone
> will drive you nuts. Delegate it…….sure but then you are no longer in charge.
> That's why you don't let suits near a compiler.

Huh? What does FREE have to do with anything? You certainly have no qualms
about protecting and trademarking _your_ terms and brand. Why shouldn't
Apache have the same consideration? Because it's "free"? What, exactly
do you mean "that's the way you started out"? Is that supposed to make
some sort of sense? Are normal people supposed to understand this
train of thought?

If your entire point is "protecting a brand causes insanity and death"
and that telling a lawyer "Hey! These guys are using the Apache Name.
Please ask them to stop" somehow causes "us" to no longer be in charge
then all I can say is I have no idea how you've setup your company, but
that's not how it's done. When I go to a restaurant with my wife
and tell the waiter "I'll have some of the grilled chicken" that does
not cause me to no longer be in charge and somehow give the waiter the
power and authority to say "Nope.  Sorry, we're giving you steak and you
better eat it chum."

It's obvious that you have some sort of block concerning how Open Source
technology works and how Apache operates... Or maybe, just maybe, you
just never bothered to learn. Have you actually READ the Apache License?
Have you actually READ ABOUT_APACHE or any of our statements on the
Apache site? 

What, exactly, is your point? Are you suggesting that we do not incorporate?
Are you suggesting that we are actually planning on going back _on our
WORD_ about what Apache is and what it isn't? If by incorporating we
can ``protect'' Apache and allow us to continue working exactly as
we have for years, and continue producing Apache for those on the 'Net
who want or need it, then by gum, we're gonna incorporate. It's to MAINTAIN
the status quo, not change it.

All, of course, MO.
   Jim Jagielski   |||   |||
            "That's no ordinary rabbit... that's the most foul,
            cruel and bad-tempered rodent you ever laid eyes on"

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