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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: VCL project name
Date Thu, 28 May 2009 01:45:42 GMT
Alan Cabrera asked:
> Let's say that IBM donates Websphere to the ASF.  They acquiesce in
> our calling our software "Apache Webshpere".  Would it still be ok if
> they had IBM Websphere?

Yes. (I presume you meant to type "Websphere"!) The key is acquiescence. It
would mean that IBM has acquiesced to the use of "Websphere" as a common
name for a variety of software products from different vendors, and they
would no longer be able to defend it as their exclusive trademark for their
own specific brand of software. But they could still use that name, because
we and others couldn't challenge IBM's continued use either.

/Larry



> -----Original Message-----
> From: Alan D. Cabrera [mailto:list@toolazydogs.com]
> Sent: Wednesday, May 27, 2009 6:27 PM
> To: legal-discuss@apache.org
> Cc: vcl-dev@incubator.apache.org
> Subject: Re: VCL project name
> 
> 
> On May 27, 2009, at 3:58 PM, Lawrence Rosen wrote:
> 
> >>> From those on the legal-discuss list, there's one thing NCSU would
> >>> like
> >>> to get clarification on.  If NCSU more clearly donates the name
> >>> "VCL" to
> >>> Apache, would NCSU still be allowed to run a service that contains
> >>> "VCL"
> >>> in the name of the service?
> >
> > Yes. We can't and won't expressly trademark "VCL".
> >
> > NCSU doesn't need to donate anything, merely acquiesce in our
> > calling our
> > software "Apache VCL".
> 
> Let's say that IBM donates Websphere to the ASF.  They acquiesce in
> our calling our software "Apache Webshpere".  Would it still be ok if
> they had IBM Websphere?
> 
> 
> Regards,
> Alan
> 
> 
> >
> >
> > /Larry (with ASF attorney hat on)
> >
> >
> >> -----Original Message-----
> >> From: Josh Thompson [mailto:josh_thompson@ncsu.edu]
> >> Sent: Wednesday, May 27, 2009 8:07 AM
> >> To: legal-discuss@apache.org
> >> Cc: vcl-dev@incubator.apache.org
> >> Subject: Re: VCL project name
> >>
> >> -----BEGIN PGP SIGNED MESSAGE-----
> >> Hash: SHA1
> >>
> >> Bump.
> >>
> >> Is there anyone out there that could give us some direction about our
> >> project
> >> name?
> >>
> >> Thanks,
> >> Josh
> >>
> >> On Monday May 04, 2009, Josh Thompson wrote:
> >>> To the legal-discuss list:
> >>>
> >>> From those on the legal-discuss list, there's one thing NCSU would
> >>> like
> >> to
> >>> get clarification on.  If NCSU more clearly donates the name "VCL"
> >>> to
> >>> Apache, would NCSU still be allowed to run a service that contains
> >>> "VCL"
> >> in
> >>> the name of the service?
> >>>
> >>> Whether or not the Apache project name changes, the NCSU site
> >>> (http://vcl.ncsu.edu) will be updated to clearly reflect that the
> >>> code
> >>> powering the service is from Apache.  As a bit of background, while
> >>> development of VCL was at NCSU, NCSU had no problems with other
> >>> universities using the code to run a service named "VCL" at their
> >>> own
> >> site.
> >>> It was just asked that somewhere on the site, NCSU was credited with
> >> the
> >>> development of VCL.  When moving the code to Apache, it was
> >>> assumed that
> >>> this same arrangement would be allowed (i.e. Apache credited with
> >>> the
> >>> development of VCL).  It's okay if that's not the case, but it
> >>> would be
> >>> helpful to have some legal reasons explaining why.
> >>>
> >>> To the vcl-dev list:
> >>>
> >>> If using "VCL" in the name of the service would not be allowed,
> >>> what do
> >>> people in the VCL community think of changing the Apache project
> >>> name to
> >>> VCloud? That name was previously mentioned by Sam in this message:
> >>>
> >>> http://mail-archives.apache.org/mod_mbox/incubator-vcl-
> >> dev/200903.mbox/<001
> >>> 701c99c40$87f1a390$97d4eab0$%40edu>
> >>>
> >>> Thanks,
> >>> Josh
> >>>
> >>> On Friday May 01, 2009, aaron_peeler@ncsu.edu wrote:
> >>>> Matt, Alan, Kevan,
> >>>>
> >>>> Any additional information on the project name ?
> >>>>
> >>>> I found this in the archives:
> >>>> http://mail-archives.apache.org/mod_mbox/www-legal-
> >> discuss/200904.mbox/%3
> >>>> C4 D6E71C2-396A-4B02-AFA9-041EDD94F1CA@SUN.com%3E
> >>>>
> >>>> In particular:
> >>>>
> >>>> "If you want to continue to use VCL, I'd recommend asking NCSU to
> >>>> make
> >>>> more obvious their donation to Apache and their intent to donate
> >>>> not
> >>>> only the code but the name. This would allow us to claim historic
> >>>> use
> >>>> of the name. If not, find another name."
> >>>>
> >>>> How do we donate the name?
> >>>>
> >>>> NCSU is taking efforts to make the donation more obvious at the
> >>>> ncsu
> >>>> site.
> >>>>
> >>>> Thanks for any advice,
> >>>> Aaron
> >> - --
> >> - -------------------------------
> >> Josh Thompson
> >> Systems Programmer
> >> Virtual Computing Lab (VCL)
> >> North Carolina State University
> >>
> >> Josh_Thompson@ncsu.edu
> >> 919-515-5323
> >>
> >> my GPG/PGP key can be found at pgp.mit.edu
> >> -----BEGIN PGP SIGNATURE-----
> >> Version: GnuPG v1.4.6 (GNU/Linux)
> >>
> >> iD8DBQFKHVcfV/LQcNdtPQMRAmhVAJ9AbkQrMQPQmAUbzqU1RWTC+BQfxQCeJAYX
> >> nQc36WzLTUwAfkXuu94sAoU=
> >> =3CVv
> >> -----END PGP SIGNATURE-----
> >>
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> >
> 
> 
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