[Foundation] Board Questions

bauer at michaelbauer.com bauer at michaelbauer.com
Fri Aug 9 16:32:58 CDT 2002

I may sound like a bit of a broken record on this, but it's been a while 
since I've spun the disc, so to speak, so I'll play it again...

No matter who owns the trademark, there are a number of well-defined 
requirements for managing that mark.  Certainly, input will be welcomed 
from the Members, the Council, and the Board for doing this.  However, the 
law is pretty specific about what has to be done and this can run counter 
to the interests and needs of all constituents.  We can't just make up 
whatever we want and be in compliance with trademark law.  Lawyers will 
have to be part of this process.  There just isn't a whole lot of 
intersection between the letter of the law and the spirit of open source.

On 8 Aug 2002, Thomas Muldowney wrote:

> Well the council could probably vote on JEPs for the certain
> certification marks and wordings that are proposed, but I don't think
> it's under their direct jursidiction to set the technical spec.  It's
> something the whole membership should care about.  I also think the
> board might be the ones to decide what certification marks are
> necessary, probably with input from the membership.
> --temas
> On Thu, 2002-08-08 at 21:11, Mike Lin wrote:
> > > As DW first mentioned (and others followed) in their Council "debate"
> > > question answers, trademark and other related issues are business related,
> > > not technical, and therefore should be handled by the Board rather than
> > > the Council.
> > 
> > If the JSF gains control of the trademark, the criterion for how we
> > allow it to be used will probably be technical. I assume it won't just
> > be "Give us $$$ and you can use it". As is _supposed_ to be happening
> > with JabberPowered, we'll create technical criterion for exactly what it
> > means to be Jabber, and allow or disallow its use based on those
> > technical criterion. I thought this was one of the basic assumptions
> > related to the trademark, and so I'm really dismayed that so many people
> > just dismissed the question.
> > 
> > - Mike
> > 
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Michael Bauer     bauer at michaelbauer.com       http://www.michaelbauer.com

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