The stuff on the Digium site is like an EULA... most of the provisions are not enforceable.
Just as I can get a BMW engine, put it in a Yugo and sell it in the free market as a "Yugo with a BMW engine" you can do the same with Asterisk. Look into "fair use" if you create a product that works with Asterisk you can call it "compatible with Asterisk" just as a chinese factory making cheap headlamps can say "fitment for BMW." Here's some basic reading: http://www.chillingeffects.org/trademark/faq http://www.publaw.com/fairusetrade.html http://en.wikipedia.org/wiki/Fair_use_(US_trademark_law) Please remember that I am not a laywer and my post should not be construed to be legal advise. I would suggest you consult with an attorney before using the word "Asterisk" in connection with your business. On Sun, Jun 8, 2008 at 8:47 PM, Trixter aka Bret McDanel <[EMAIL PROTECTED]> wrote: > I am writing this letter to Digium and all those that use or develop > software for Asterisk. Asterisk is released under a dual license, the > one I will focus on is the GPL license. > > Digium maintains a trademark on the word Asterisk, along with other > words. The trademark policy they have forbids marketing a product with > the asterisk word if it is not "Genuine Digium Software". If you modify > software, apply a patch, add 3rd party modules, this trademark policy > prevents you from distributing that software saying that its based on > asterisk, or even using the name asterisk within the program. > > This is particularly problematic for 3rd party module developers, since > they are forbidden from ever revealing that the module is "asterisk > compatible". The same applies to AGIs. All of this software is not > "Genuine Digium Software". Consultants are not allowed per the > trademark policy from stating they work on asterisk systems, even if thy > are genuine digium software products. > > Further, the exceptions to linking that come with asterisk include > critical libraries that will not allow for building if the project is > not asterisk. The trademark policy forces a fork in the software due to > the name, however the exceptions make this a less than trivial task > since you would have to replicate openssl and other libraries. In > general this policy makes it all but impossible to distribute modified > works based on asterisk. > > The Digium trademark policy is available at http://www.digium.com for > reference. > > While this may seem reasonable under the protection of the brand name, > it does defy the spirit and intent of the GPL in that effectively Digium > has banned forks of the project, distribution of 3rd party modules, > distribution of modified code, etc. > > I understand that digium wants to protect their name, their branding, > and make a clear difference between what they release and what others > release, however it seems to fly in the face of open source, the Free > Software Foundation, and the GPL specifically to place these > restrictions on the software. It also makes it so that people who have > developed components for asterisk may have a difficult time leveraging > that experience for personal or professional advancement. > > I am requesting that the disclaimer apply to forks of the asterisk > project and not just asterisk itself, as this would allow people to > comply with the trademark policy and still distribute a functional > program under the terms of the GPL license. > > I further request that a difference be made in the trademark policy > allowing for advertising of products that include phrases such as > "Asterisk Compatible" or "Based on Asterisk" should someone wish to > place their AGI, 3rd party module, patch, etc on a webpage and write a > description for it. > > I encourage anyone who agrees that the spirit of the GPL be followed, > not just its wording to contact digium in support of this proposal. > > > Specifics about the trademark policy obtained from > http://www.digium.com/en/company/view-policy.php?id=Trademark-Policy on > June 08 2008, 2:35am CEST. > > General > Genuine Digium Software is the software in the same form as originally > distributed by Digium, without modification to the code of any extent. > The only exception is that software may still be considered Genuine > Digium Software if, in connection with distribution of that software for > a certain platform, code has been removed that relates to functions that > would not work on that platform in any event. Once a change has been > made to the software, even if that change may be permissible under the > GPL, the software is no longer Genuine Digium Software, because Digium > did not make or control the change. > > > Uses that are not approved by this policy > "Use of a Trademark in a web page title, TITLETAG, META tag, or other > manner with the intent or the likely effect of influencing search engine > rankings or results listings." > > Search engines rank based on content of a page, this in effect prevents > you from using the trademarked words in your webpage if the software is > not "genuine". > > > Uses that are not approved by this policy > "Use of a Trademark to refer to services offered by your company, or to > suggest that your services are authorized or endorsed by Digium." > > If you are a consultant who specializes in asterisk systems you cannot > mention that, even if it is genuine digium software per the first part > of this policy. > > > There is a allowed use under the "fair use" provision, which has the > potentail to remove these, however the policy itself does not make it > clear that you would be allowed to use it in this way, and it does seem > to indicate specifically you cannot. > > > > -- > 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 > _______________________________________________ --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