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From "Richard Eckart de Castilho (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-216) Is use of the "org.apache" package in non-ASF Scala software a trademark issue?
Date Fri, 30 Jan 2015 14:41:34 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-216?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=14298696#comment-14298696
] 

Richard Eckart de Castilho commented on LEGAL-216:
--------------------------------------------------

Per Java conventions, package names should resemble a domain name [1] owned by the author.
This is meant to avoid conflicts between classes from different authors. Such conventions
have also been adopted at other levels, such as at the level of group IDs in the Maven eco-system
[2].

However, these are probably rather policy issues / best practices. Yet, these best practices
are very well established and it should be possible to convince programmers that disrespect
such conventions to change their ways without resorting to any kind of legal action - whether
that might be applicable or not.

[1] http://docs.oracle.com/javase/tutorial/java/package/namingpkgs.html
[2] http://maven.apache.org/guides/mini/guide-naming-conventions.html

> Is use of the "org.apache" package in non-ASF Scala software a trademark issue?
> -------------------------------------------------------------------------------
>
>                 Key: LEGAL-216
>                 URL: https://issues.apache.org/jira/browse/LEGAL-216
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Andrew Purtell
>
> I've never seen software originating from other than the ASF distribute Scala based software
with "org.apache" package prefixes before, but recently looked inside Gearpump (https://github.com/intel-hadoop/gearpump)
and found this practice to my surprise. Since this is a GitHub hosted project with an active
issue tracker, I was thinking of filing an issue asking for a substitution of e.g. "com.intel"
for "org.apache" but thought I would ask here first if the Foundation sees this as an issue.
Some Googling didn't turn up a precise answer to this question. The closest I found is the
section on domain names in http://www.apache.org/foundation/marks/, which states:
> {quote}
> You may not use ASF trademarks such as "Apache" or "ApacheFoo" or "Foo" in your own domain
names if that use would be likely to confuse a relevant consumer about the source of software
or services provided through your website, without written approval of the VP, Apache Brand
Management or designee. You should apply the "likelihood of confusion" test described above,
and please realize that the use of ASF trademarks in your domain names is generally not "nominative
fair use."
> {quote}
> In this case I think there would be confusion as to the source of this software. I'm
not able to find a clear indication of the organization of origin in any bundled file, the
layout, LICENSE file, and file copyright headers look much like Apache released software.




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