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From Emmanuel Lecharny <elecha...@apache.org>
Subject Re: This problem of mine
Date Tue, 12 May 2009 16:22:04 GMT
Bertrand Delacretaz wrote:
> On Tue, May 12, 2009 at 5:14 PM, Alan D. Cabrera <list@toolazydogs.com> wrote:
>   
>> ...I'd like someone to come up with a concise argument that would allow me to
>> let this go other than "nope, it's not the same".  Otherwise, I feel that I
>> need to bring up a vote to put the issue to bed once and for all....
>>     
>
> The only thing that I can say is that from the ASF's point of view
> your project's name is "Apache Ki", no just "Ki".
>
> About the actual risks associated with FixFlyer's considering that
> Apache Ki infringes on their trademarks, the best might be to ask
> legal-discuss@apache.org.
>   

I won't jump into the project again, but in this case, I have a bit more 
info to provide.

The problem has been postponed to legal@a.o months ago, not with a big 
success. I mentioned the case during ACEU  to at least 3 persons, two of 
them being from the board. All of them told me to send the problem to 
PRC (so far, no answer), mentioning that it was not worth the risk to 
fight Juniper or any other company if the name was already used.

This is something I don't get, and I see at least two problems here :
1) there is no clear process to solve such issues. Should it be 
processed by legal or PRC ? Plus those two entities are not responsive, 
and if we receive answer, they may be contradictory. Again, we don't 
need opinion, we need a clear and legal position. Opinions don't pay the 
bill when it comes to pay a lawyer.
2) I *think* than instead bothering everyone in all those instances, the 
easiest way to solve this issue was to change the name. But it seems 
that some people don't like simple solutions... As a consequence, it 
lasts forever (around one year, so far).

Otherwise, I totally agree with what Alan has written.


-- 
--
cordialement, regards,
Emmanuel L├ęcharny
www.iktek.com
directory.apache.org



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