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From William A Rowe Jr <wr...@rowe-clan.net>
Subject Re: What is the legal basis for enforcing release policies at ASF?
Date Fri, 21 Aug 2015 02:16:53 GMT
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.

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