[Foundation] Jabber Name - Real World Example

Mark Zamoyta mark at zamoytatech.com
Thu May 17 03:35:18 CDT 2001


> Either way, it's jabber.com's position that they're willing to let the
> foundation decide who gets to say "powered by jabber" (or something
similar)
> but they're not going to let any commercial company use the word Jabber in
> a product or company name.

I think everyone agrees corporations have a right to enforce their
trademarks and make a profit.

But I've been involved with Jabber since before Jabber.Com got involved, and
there was never any intention to let a single corporation exclusively profit
from the Jabber brand name.  The intention was always to make a great
messaging system that could be used by all, and maybe even become the
Internet standard.

The "Community" section of the Jabber.Com website talks about ethics and
following the Open Source Initiative.  The first "Principle" listed by
Jabber.Com has a link to the following rule:

<snip>
6. No Discrimination Against Fields of Endeavor
The license must not restrict anyone from making use of the program in a
specific field of endeavor. For example, it may not restrict the program
from being used in a business, or from being used for genetic research.

Rationale: The major intention of this clause is to prohibit license traps
that prevent open source from being used commercially. We want commercial
users to join our community, not feel excluded from it.
</snip>

The Rationale is to include commercial users equally in the community - not
just one commercial company, else the others feel excluded.

Once again, Jabber.Com has every right to make a profit and enforce its
trademarks.  However when Jabber uses the words "open", "community", and
"open source initiative", I find it a bit deceptive since only they can use
the Jabber brand in a commercial product.

I'll defer to Jer on this now, since he's the Founder.  If Jer says I need
to sew a TM symbol on my black Jabber ROCKS t-shirt, I'll do it!   (Just
don't let any lawyers walk past me when I'm holding the needle =)

Mark Zamoyta





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