On Wed, 2015-11-11 at 00:35 +0000, Niall Pemberton wrote:
> On Tue, Nov 10, 2015 at 9:29 AM, Nick Kew <n...@apache.org> wrote:
> 
> > On Tue, 2015-11-10 at 01:33 +0000, Nick Kew wrote:
> > > I should like to propose that we consider OpenMiracl for incubation.
> >
> > This proposal is now at
> > https://wiki.apache.org/incubator/OpenMiraclProposal
> 
> 
> 
> "As soon as OpenMiracl is accepted into the Incubator, Certivox (now
> MIRACL) will transfer the source code and trademark to the ASF with a
> Software Grant, and licensed under the Apache License 2.0. Certivox/MIRACL
> retains rights to its existing MIRACL mark."

> The above isn't clear, saying the trademark will be transferred to the ASF
> and "Certivox/MIRACL retains rights to its existing MIRACL mark". What
> trademark is being transferred to the ASF?

I think we're dealing with the right to use/defend the mark
(as I understand ASF does with most of its project names)
rather than any existing registered mark.  The distinction
between MIRACL and OpenMiracl seems the crucial one.
I believe the Open- prefix is reasonably widespread and
recognised in making this kind of distinction.  Though in this
instance where both are Open Source, the reference is to
Open Development.


> The ASF project called OpenMiracl and Certivox/MIRACL continuing to use the
> MIRACL mark would seem to muddy the water between the two. Would this not
> disadvantage others building something based on OpenMiracl?

Isn't it the same distinction as Mesos vs Mesosphere?

I haven't been party to discussions with all the other
companies involved (including those running or intending
to run a TA and listed in the proposal), but I understand
they're happy with it.

-- 
Nick Kew


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