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From Gregory Chase <gch...@pivotal.io>
Subject Re: What is the legal basis for enforcing release policies at ASF?
Date Fri, 07 Aug 2015 16:08:52 GMT
Does "...based on Apache Hadoop" require a clear dependency notation as to
which versions of Apache component releases are part of the commercial
distribution?

On Fri, Aug 7, 2015 at 5:39 AM, Sam Ruby <rubys@intertwingly.net> wrote:

> On Fri, Aug 7, 2015 at 7:53 AM, Niclas Hedhman <niclas@hedhman.org> wrote:
> > Bill,
> > So I can release "Niclas Hadoop platform, based on Apache Hadoop" ?? I
> > thought the discussion a few years ago was that this was misleading...
>
> Things in law are rarely binary except at the edges or after an actual
> court ruling.
>
> Releasing a "Niclas George platform powered by Apache Hadoop" conforms
> with our branding requirements, so would likely be OK.  The further
> you go away from that, the less clear that what you are doing would be
> OK.
>
> Hadoop would be a especially problematic case for you, as "Apache
> Hadoop, Hadoop, Apache, the Apache feather logo, and the Apache Hadoop
> project logo are either registered trademarks or trademarks of the
> Apache Software Foundation in the United States and other countries. "
> -- https://hadoop.apache.org/
>
> http is a more generic term, so including variants of it in your name
> (including httpd) would be less problematic than incorporating a name
> like Hadoop.
>
> - Sam Ruby
>
> > On Fri, Aug 7, 2015 at 12:30 PM, William A Rowe Jr <wrowe@rowe-clan.net>
> > wrote:
> >
> >> On Thu, Aug 6, 2015 at 7:50 PM, Roman Shaposhnik <roman@shaposhnik.org>
> >> wrote:
> >>
> >> > Hi!
> >> >
> >> > while answering a question on release policies and ALv2
> >> > I've suddenly realized that I really don't know what is the
> >> > legal basis for enforcing release policies we've got
> >> > documented over here:
> >> >    http://www.apache.org/dev/release.html
> >> >
> >> > For example, what would be the legal basis for stopping
> >> > a 3d party from releasing a snapshot of ASF's project
> >> > source tree and claim it to be a release X.Y.Z of said
> >> > project?
> >> >
> >>
> >> Nothing other than the Trademarks.
> >>
> >> If someone wants to call httpd trunk 3.0.1-GA, they cannot do this as
> >> "Apache httpd 3.0.1-GA" or "Apache HTTP Server 3.0.1-GA".
> >>
> >> They can certainly release trunk under the AL license and call it
> "Kindred
> >> Http Server 3.0.1-GA, based on Apache HTTP Server". That is a statement
> of
> >> fact and not an abuse of the mark, IMHO. (If it was not actually based
> on
> >> Apache HTTP Server, then that would similarly be a Trademark
> infringement
> >> as it is a false use of the mark.)
> >>
> >> There are no less than two marks, one is the name of the foundation
> itself
> >> in conjunction with Open Source Software, and the other is the specific
> >> project name.
> >>
> >
> >
> >
> > --
> > Niclas Hedhman, Software Developer
> > http://zest.apache.org - New Energy for Java
>
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>


-- 
Greg Chase

Director of Big Data Communities
http://www.pivotal.io/big-data

Pivotal Software
http://www.pivotal.io/

650-215-0477
@GregChase
Blog: http://geekmarketing.biz/

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