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From Benson Margulies <bimargul...@gmail.com>
Subject Re: What is the legal basis for enforcing release policies at ASF?
Date Fri, 07 Aug 2015 20:19:21 GMT
On Fri, Aug 7, 2015 at 12:08 PM, Gregory Chase <gchase@pivotal.io> wrote:
> Does "...based on Apache Hadoop" require a clear dependency notation as to
> which versions of Apache component releases are part of the commercial
> distribution?

No, it cannot. Trademark law is not a matter of such distinctions, and
our very own Apache License imposes no such complexity.


>
> On Fri, Aug 7, 2015 at 5:39 AM, Sam Ruby <rubys@intertwingly.net> wrote:
>
>> On Fri, Aug 7, 2015 at 7:53 AM, Niclas Hedhman <niclas@hedhman.org> wrote:
>> > Bill,
>> > So I can release "Niclas Hadoop platform, based on Apache Hadoop" ?? I
>> > thought the discussion a few years ago was that this was misleading...
>>
>> Things in law are rarely binary except at the edges or after an actual
>> court ruling.
>>
>> Releasing a "Niclas George platform powered by Apache Hadoop" conforms
>> with our branding requirements, so would likely be OK.  The further
>> you go away from that, the less clear that what you are doing would be
>> OK.
>>
>> Hadoop would be a especially problematic case for you, as "Apache
>> Hadoop, Hadoop, Apache, the Apache feather logo, and the Apache Hadoop
>> project logo are either registered trademarks or trademarks of the
>> Apache Software Foundation in the United States and other countries. "
>> -- https://hadoop.apache.org/
>>
>> http is a more generic term, so including variants of it in your name
>> (including httpd) would be less problematic than incorporating a name
>> like Hadoop.
>>
>> - Sam Ruby
>>
>> > On Fri, Aug 7, 2015 at 12:30 PM, William A Rowe Jr <wrowe@rowe-clan.net>
>> > wrote:
>> >
>> >> On Thu, Aug 6, 2015 at 7:50 PM, Roman Shaposhnik <roman@shaposhnik.org>
>> >> wrote:
>> >>
>> >> > Hi!
>> >> >
>> >> > while answering a question on release policies and ALv2
>> >> > I've suddenly realized that I really don't know what is the
>> >> > legal basis for enforcing release policies we've got
>> >> > documented over here:
>> >> >    http://www.apache.org/dev/release.html
>> >> >
>> >> > For example, what would be the legal basis for stopping
>> >> > a 3d party from releasing a snapshot of ASF's project
>> >> > source tree and claim it to be a release X.Y.Z of said
>> >> > project?
>> >> >
>> >>
>> >> Nothing other than the Trademarks.
>> >>
>> >> If someone wants to call httpd trunk 3.0.1-GA, they cannot do this as
>> >> "Apache httpd 3.0.1-GA" or "Apache HTTP Server 3.0.1-GA".
>> >>
>> >> They can certainly release trunk under the AL license and call it
>> "Kindred
>> >> Http Server 3.0.1-GA, based on Apache HTTP Server". That is a statement
>> of
>> >> fact and not an abuse of the mark, IMHO. (If it was not actually based
>> on
>> >> Apache HTTP Server, then that would similarly be a Trademark
>> infringement
>> >> as it is a false use of the mark.)
>> >>
>> >> There are no less than two marks, one is the name of the foundation
>> itself
>> >> in conjunction with Open Source Software, and the other is the specific
>> >> project name.
>> >>
>> >
>> >
>> >
>> > --
>> > Niclas Hedhman, Software Developer
>> > http://zest.apache.org - New Energy for Java
>>
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>>
>
>
> --
> Greg Chase
>
> Director of Big Data Communities
> http://www.pivotal.io/big-data
>
> Pivotal Software
> http://www.pivotal.io/
>
> 650-215-0477
> @GregChase
> Blog: http://geekmarketing.biz/

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