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From Robert Burrell Donkin <robertburrelldon...@gmail.com>
Subject Re: [names] Public Review
Date Sun, 29 Jan 2012 14:50:54 GMT
On Sun, Jan 29, 2012 at 2:05 PM, Jukka Zitting <jukka.zitting@gmail.com> wrote:
> Hi,
>
> On Sun, Jan 29, 2012 at 11:45 AM, Robert Burrell Donkin
> <robertburrelldonkin@gmail.com> wrote:
>> The new documentation describing in more detail one way to check the
>> suitability of the proposed name is just about ready for public review
>
> The URL is http://incubator.apache.org/guides/names.html
>
>> It's fine to just dive in to improve phrasing, add examples etc.
>> Here's a good place to ask questions. This thread is also a good place
>> to discuss content and dispute process details.
>
> The guide currently gives the impression that the initial name of a
> podling is just a "working name" and that a more "suitable name"
> should to be searched for and selected before graduation. Could we
> rather rephrase it as a guide on what to take in to account when
> coming up with a name in the first place?

This just documents how to perform the search we already require in a
way that's compatible with current thinking from our legal team about
trademark.

I'd be very happy for someone else to lead a change in policy in this area.

> Also, I'm a bit hesitant about the MUST in [1] that a "suitable name
> search must be completed before a podling can graduate". Was there a
> policy vote on this that I missed? The recent poll on this [2] didn't
> seem to reach any clear consensus.

Yes, there was no clear consensus on change from the current status
quo. This just updates the documentation for our current requirement
to match the current thinking from the legal team.

I'd be very happy for someone else to lead a change in policy in this area.

> A project community should obviously be reasonably certain that their
> name doesn't infringe on an external trademark.

It's important to avoid using loaded legal terms. Only counsel is
qualified to assess whether a mark is infringed or not. The podling
name search just records evidence of usage.

I'd be happy for someone else to lead a policy change in this area.
For example, a modest budget to allow professional trademark searches
would allow more legal certainty.

> The more careful they
> are with this (i.e. the more thorough name search they perform) the
> safer they are from trouble later on, but generally I'd leave it up to
> the podlings themselves to decide how much effort they really want to
> invest into this.

I'd be happy for someone else to lead a policy change in this area.
The status quo is that podlings must check that their name is suitable
before graduation.

Hopefully the document is reasonably clear that the process described
isn't the only way to get this done. Suggestions about clearer
phrasing welcomed.

> Thus, instead of setting strict rules and requirements, I think the
> guide should just document the best current practice and suggest why
> following it is a good idea.

I'd be happy for someone else to lead a policy change in this area.
The status quo is that podlings must check that their name is suitable
before graduation.

The responsiveness from the trademark team is slow (on the order of
months) and there is no budget for professional help. This document
describes the process recommended by the brand team to podlings who
asked on that list for assistance.

Robert

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