Thank you for the reply. I'm glad to know that open source is not a
trademark, therefore I will submit my license per your instructions, and if
you guys approve it (if), then I will return to using the "open source"
words.

 -----Original Message-----
From:   Russell Nelson [mailto:[EMAIL PROTECTED]]
Sent:   Tuesday, July 31, 2001 12:54 PM
To:     Josh
Cc:     [EMAIL PROTECTED]; [EMAIL PROTECTED]
Subject:        Re: open source trademark

Josh writes:
 > Hello, I'm a developer in need of a custom open source license. It came
to
 > my attention that "open source" is a registered trademark of your
 > organization.

We've given up on that idea.  It's not a defendable trademark.  We do
maintain a certification mark, "OSI Certified Open Source", which we
apply to any software using an approved license.

 > I've designed a global file system. As such, it cannot succeed if there
are
 > a dozen flavors of the same basic design floating around. It's essential
 > that I maintain a degree of management over my design, yet as an open
 > standard it must be "open" source.

Best thing to do then is establish your own certification trademark,
and deny its use to anyone who is not interoperable.

 > I am patent pending, just so somebody else can't patent it.

All you have to do is publish the ideas in print.

 > Yet I intend to release the design royalty free, and open source.
 > Therefore I wrote my own version of the GNU license
 > (www.mercuryfs.net/license.htm. It's not ready for prime time, but
 > it's all I got at the moment.

If you're asking us to approve it, the procedure is given at
http://opensource.org/docs/certification_mark.html

--
-russ nelson <[EMAIL PROTECTED]>  http://russnelson.com
Crynwr sells support for free software  | PGPok |
521 Pleasant Valley Rd. | +1 315 268 1925 voice | #exclude <windows.h>
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   |


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