To my knowledge Draper has only filed for “Software as a Sensor” as trademark. Draper did not file for marks on the other products (UserAle, etc., etc.). Draper does hold copyright to those products, however, they were all part of the original software gift to Apache, and named as such in that gift along with the Apache SensSoft name. This is why things are a little awkward—they feel comfortable with Apache using Apache SensSoft, but uncomfortable when people at other employers reference ‘Apache SensSoft.’
Draper employees remain members of our community, so we will discuss these issues with them openly on @dev in a forthcoming [DISCUSS] thread. We’ll certainly pull tradema...@apache.org into advise. Thanks for pointing out that resource. Josh > On Sep 7, 2018, at 1:24 PM, David Fisher <w...@apache.org> wrote: > > Since the podling has multiple products that are being produced you will need > to validate each name. > > Is UserALE, TAP, Distill and Stout used by the Draper Commercial product? If > so then they probably are not free (as in beer). If you want advice then you > can send an email to the Brand committee at tradema...@apache.org. > > BTW - I cannot find "Software as a Sensor" on draper.com. The google search > links give a 404. > > Regards, > Dave > >> On 2018/09/07 00:35:24, Joshua Poore <poor...@me.com.INVALID> wrote: >> Copy that. Have already been looking into that tool. Great resource! >> >> Thanks >> >> Joshua Poore >> >> >>> On Sep 6, 2018, at 6:40 PM, David Fisher <w...@apache.org> wrote: >>> >>> Hi - >>> >>> This an unfortunate situation regarding the project name. >>> >>> Please make sure that the new name is properly vetted by doing the >>> Podling/Suitable Name Search [1] >>> >>> Regards, >>> Dave >>> >>> [1] http://www.apache.org/foundation/marks/naming#namesearch >>> >>>> On 2018/09/06 15:40:47, Chris Mattmann <mattm...@apache.org> wrote: >>>> Great job Josh. >>>> >>>> /Suitable >>>> >>>> >>>> >>>> >>>> >>>> From: Joshua Poore <poor...@me.com> >>>> Reply-To: "priv...@senssoft.incubator.apache.org" >>>> <priv...@senssoft.incubator.apache.org> >>>> Date: Wednesday, September 5, 2018 at 7:51 PM >>>> To: "dev@senssoft.incubator.apache.org" <dev@senssoft.incubator.apache.org> >>>> Cc: "priv...@senssoft.incubator.apache.org" >>>> <priv...@senssoft.incubator.apache.org> >>>> Subject: [REPORT] Apache SensSoft (Incubating) Monthly Podling Report >>>> (SEPT 18) >>>> >>>> >>>> >>>> Apache SensSoft >>>> >>>> Apache SensSoft is a generalized user behavioral logging platform for web >>>> pages and thin-client applications >>>> >>>> Apache SensSoft has been incubating since 2016-07-13. >>>> >>>> Three most important issues to address in the move towards graduation: >>>> >>>> 1. Extending release process to other parts of the SensSoft software stack. >>>> 2. Grow the Apache SensSoft (Incubating) Committer/Community Base. >>>> 3. Complete the issues highlighted at the SensSoft Roadmap >>>> https://cwiki.apache.org/confluence/display/SENSSOFT/Roadmaps >>>> >>>> Any issues that the Incubator PMC (IPMC) or ASF Board wish/need to be >>>> aware of? >>>> >>>> Yes. In the last Quarter, a number of core Apache SensSoft committers >>>> changed organization. While the Apache SensSoft team will use this as an >>>> opportunity to organically grow the committer/community based, these >>>> departures have caused branding concerns for the organization that >>>> initiated the Apache SensSoft software gift to Apache—The Charles Stark >>>> Draper Laboratory, Inc. (Draper). Specifically, in referencing an >>>> affiliation with the ‘Apache SensSoft’ project at different organizations, >>>> an Apache SensSoft committer received the following request from Draper: >>>> >>>> “We flagged your signature for review by Draper legal since SENSOFTtm and >>>> Software as a Sensor (R) are Draper-owned trademarks. As you know, the >>>> main purpose of trademarks is to avoid customer confusion. We believe that >>>> the use of SENSOFT or SOFTWARE AS A SENSOR in [another company’s] employee >>>> signature block may lead to confusion as to the source and owner of the >>>> SENSOFT product. While we appreciate your acknowledgement that Draper owns >>>> SOFTWARE AS A SENSOR and SENSOFT technology, and the good will behind your >>>> intentions to promote technology you worked on while at Draper, in order >>>> to preserve the Draper trademarks we respectfully request that you either: >>>> >>>> -Remove any reference of SENSOFT or SOFTWARE AS A SENSOR from your BAE >>>> signature block; >>>> >>>> OR >>>> >>>> -Indicate in the signature directly following SENSOFT the following: >>>> “SENSOFTtm and SOFTWARE AS A SENSOR are trademarks owned by the Charles >>>> Stark Draper Laboratory, Inc.” >>>> >>>> NOTE: SENSOFT refers to SENSSOFT (SENSOFT is a misspelling) >>>> >>>> The committer in question has corresponded Draper and raised the issue >>>> that ‘Apache SensSoft’ refers to a public open source project, where >>>> ‘Software as a Sensor’ and ‘SENSSOFT’ refer to Draper proprietary >>>> technology, as well as citing the terms of the Software Gift. Draper is >>>> steadfast in asserting rights now that committers formerly at Draper are >>>> now at other employers. >>>> >>>> While this affects the Apache SensSoft community’s ability to grow through >>>> outreach and publicity, we do not believe we require Legal assistance from >>>> the ASF. Rather, in discussion with both Draper and Apache SensSoft >>>> PPMC/Champions, the path of least resistance appears to be to change the >>>> Apache SensSoft project name. The PPMC will initiate a vote on @dev for >>>> changing the name. If it passes, a subsequent vote will determine the >>>> projects new name. In the meantime, committers will begin removing >>>> references to Software as a Sensor(tm) from project documentation. >>>> >>>> How has the community developed since the last report? >>>> >>>> Several community members have started new employment opening >>>> opportunities for community growth in the last quarter. No new community >>>> members have come onboard. >>>> >>>> How has the project developed since the last report? >>>> >>>> Development continues at a sustainable level. Several major improvements >>>> have been made >>>> >>>> to make the Apache SensSoft stack deployable at various levels of scale, >>>> including major improvements to documentation and examples, and testing >>>> procedures. Project maturity roadmaps (Wiki) and version release plans >>>> (JIRA) continue to be maintained. >>>> >>>> How would you assess the podling's maturity? >>>> Please feel free to add your own commentary. >>>> >>>> [X] Initial setup >>>> [X] Working towards first release >>>> [X] Community building >>>> [X] Nearing graduation >>>> [ ] Other: >>>> >>>> Date of last release: >>>> >>>> 2018-03-14 >>>> >>>> When were the last committers or PPMC members elected? >>>> >>>> Arthi Vezhavendan was added to PPMC and Committer base on 2017-01-24 >>>> >>>> Signed-off-by: >>>> >>>> [ ](senssoft) Paul Ramirez Comments: >>>> [ ](senssoft) Lewis John McGibbney Comments: >>>> [ ](senssoft) Chris Mattmann Comments: >>>> >>>> >>
