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From Jim Jagielski <...@jaguNET.com>
Subject Re: What is the legal basis for enforcing release policies at ASF?
Date Fri, 21 Aug 2015 15:42:19 GMT

> On Aug 20, 2015, at 10:16 PM, William A Rowe Jr <wrowe@rowe-clan.net> wrote:
> 
> On Thu, Aug 20, 2015 at 9:03 PM, Benson Margulies <bimargulies@gmail.com>
> wrote:
> 
>> This thread started as a discussion of Linux distros and trademarks.
>> Perhaps I could try to return it there?
>> 
>> If a distro takes a release of Apache X, compiles it with minimal changes
>> that adapt it to the environment, and distributes it, I believe that it's a
>> fine thing for them to call it simple Apache X, and acknowledge our marks.
>> 
>> If a distro takes a release of Apache X, and make significant changes to
>> it, and then distributes it, I believe that it's not OK with us for them to
>> simply call it Apache X. I've seen some evidence that Gentoo Linux makes a
>> regular habit of this, because their policies drive them to make some
>> pretty scary changes in some cases. Others may not share my view.
>> 
>> Further, if someone takes a snapshot (small 's') from source control and
>> starts from that, with minimal changes, I think that this would also be
>> trademark-acceptable, so long as they accurately describe what they did.
>> 
>> The operative concept here, as Shane has taught it, is 'confusion in the
>> marketplace.' If some third party behaves so as to cause confusion as to
>> the identity of Apache X, there's a trademark issue. If not, not.
>> 
> 
> You summed this up to the best of my understanding ... +1.  If our legal VP
> agrees (and retracts earlier FUD) it appears we are entirely in agreement.

What "FUD"??

Oh... you mean *your* FUD.
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