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From Patrick Hilt <patrick.h...@miracl.com>
Subject Re: [DISCUSS] OpenMiracl for Incubation
Date Wed, 11 Nov 2015 16:36:04 GMT
Hi!
Definitely interesting points to consider… I have just discussed this with Brian (MIracl
CEO) and he’ll post some comments back and we can take it from there.

Thanks for the input and support,
Patrick

---
Patrick Hilt
Chief Technology Officer
Certivox Ltd.

> On Nov 10, 2015, at 9:53 PM, Alex Harui <aharui@adobe.com> wrote:
> 
> 
> 
> On 11/10/15, 9:37 PM, "Nick Kew" <niq@apache.org> wrote:
> 
>> On Wed, 2015-11-11 at 04:38 +0000, Alex Harui wrote:
>> 
>>> In case it helps, when Adobe transferred the Flex trademark to the ASF,
>>> the ASF licensed use of the Flex trademark back to Adobe so Adobe could
>>> use Flex for its already-released versions and documentation.
>> 
>> Aha, that's interesting.  The suggestion was floated that our
>> project could be Apache MIRACL (sharing the name), but I
>> thought ASF wouldn't be happy with that.  Overcautious? :)
> 
> @trademarks would make the final ruling.  Out in the wild, the terms
> “Apache Flex” and “Adobe Flex” are used to distinguish between the Apache
> versions and Adobe versions.  The trademark “Flex” is now owned by the
> ASF.  IIRC, one aspect of the license back to Adobe was that Adobe could
> not use it on newer versions, which was fine with Adobe since it was no
> longer going to provide new versions of Flex, it just need a way to
> reference the legacy versions since plenty of customers are still using
> and talking about these legacy versions.
> 
> All Adobe website references to Flex (well, at least the prominent ones we
> could easily find) had to be tweaked to indicate that Flex was now a
> trademark of the ASF.
> 
> So a key question likely is: if there is something other than Apache
> MIRACL also being actively promoted, like a commercial version from a
> for-profit, then that would probably fail the “confusion” test and
> @trademarks would likely frown on it.
> 
> I’m not sure the ASF allows new releases of commercial products to use the
> trademark name, even with qualifiers like the company that produced it.
> IIRC, Subversion sort of has a “nickname” in “SVN” that commercial
> entities can use, but not “Subversion” itself.  When Adobe brought the
> technology behind its PhoneGap product to the ASF, the project was given a
> completely new name and then even renamed itself again to “Cordova”.
> Meanwhile, AIUI, Adobe ships new releases of PhoneGap with proper
> attribution to Cordova, but there is no "Adobe Cordova”.
> 
> Of course, I could be wrong ;-)
> 
> -Alex
> 
> 
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