On Wed, 2008-06-04 at 16:41 -0400, Jay R. Ashworth wrote: > That does not *forbid me from using it to refer to that protocol*, even > in the practice of commerce. >
that is an issue you have to take up with digium, they say it does give them the right since they own that name and you dont. > You don't actually speak to my assertion, which is that > "Asterisk-based" does not violate their trademark in any meaningful > way. > other than it is half of their property. So it kinda does use their property (the trademark "asterisk") so they feel that since they own that any use of that word comes under their control. It specifically would violate their trademark TOS, now you can buy that right presumably, but the default policy is that you cant do that, read it for yourself if you dont believe my assertion that digium says you cant do that unless its "genuine digium software" as defined in their policy. > Won't argue. I forget, does GPL v3 speak to trademarks? I don't even > remember whether v2 does, at the moment. no only patents, and under some interpretations gpl 3 can be made to mean that if you own a patent that isnt used at all in gpl3 software but you use gpl3 software that patent is now open to all. This is why legal council of some companies are apparently advising clients to not use, distribute, or release under the gpl3. Trademarks are still a way to prevent people from having meaningful gpl rights (like the ability to distribute modified code). And even if the gpl3 allowed it, unless digium itself released gpl3 there is not much you could do, to say "2 or later" and someone else opts for gpl3 they cant force anyone they got it from to do anything, it would only affect their ability to distribute. Technically gpl3 makes g.729 and such very very difficult to ever do until all the patents expire (basically you cant combine gpl3 and patented stuff without releasing the patent to everyone which a 3rd party cant force to be done). -- Trixter http://www.0xdecafbad.com Bret McDanel Belfast +44 28 9099 6461 US +1 516 687 5200 http://www.trxtel.com the phone company that pays you! _______________________________________________ --Bandwidth and Colocation Provided by http://www.api-digital.com-- asterisk-biz mailing list To UNSUBSCRIBE or update options visit: http://lists.digium.com/mailman/listinfo/asterisk-biz