Open-Source Movements Bicker Over Logo 158
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by
samzenpus
from the you're-both-pretty dept.
from the you're-both-pretty dept.
colinneagle writes in with a story about open source organizations fighting over logos. "A gear logo proposed to represent and easily identify open-source hardware has caught the eyes of the The Open Source Initiative, which believes the logo infringes its trademark. The gear logo is backed by the Open Source Hardware Association (OSHWA), which was formally established earlier this year to promote hardware innovation and unite the fragmented community of hackers and do-it-yourselfers. The gear mark is now being increasingly used on boards and circuits to indicate that the hardware is open-source and designs can be openly shared and modified. OSI has now informed OSHWA, which is acting on behalf of the open-source hardware community, that the logo infringes on its trademark. The issue at stake is a keyhole at the bottom of the open-source hardware logo, which resembles a keyhole at the bottom of the OSI logo. The gear logo was created as part of the contest hosted by the group that founded OSHWA, and the mark was released by its designer under a Creative Commons license, opening it up for the community to use on hardware."
Re:The bane of Open Sores... (Score:5, Informative)
For those too young to remember... 'open sores' is a reference to a User Friendly comic. I miss that comic.
Re:Er... (Score:4, Informative)
The logos look similar enough (in my opinion) that people might assume they are related. The way trademarks work is that if you let others use them without any kind of control over how they are used, you lose them. So the options the OSI has is to let go of their trademark altogether or to come to some kind of agreement with the OSHWA about the conditions under which the similar logo can be used. The problem with the former is that they would then be unable to prevent anyone from using their logo, even on software that is not open source. The article says negotiations between the two groups are in progress. I don't see anything wrong here, unless you're opposed to the concept of trademarks itself.
Re:Bickering? (Score:5, Informative)
It's not insignificant, it's trademark violation.
You may think it's insignificant, but it's the same reason why there's Debian IceWeasel, and CentOS. The former to prevent confusion with the trademark of FireFox, the latter gets rid of all RedHat references. You see, trademark law is very clear on this - use it and defend it, or lose it.
If CentOS slapped the RedHat logo everywhere, RedHat could find themselves with a logo so devalued to the courts that we can have Microsoft RedHat Windows, Apple OS X RedHat, etc. Ditto Firefox - there's the danger that well, Microsoft could rename Internet Explorer to FireFox with impunity.
Same as this - the OSI and OSHWA could find their logos devalued as confusing, enabling everyone to slap the OSI label on stuff NOT open-source, or the gear logo on hardware NOT open-hardware (like say, a Windows 8 RT tablet).
It's brand preservation and recognition. There are strict rules on how you use the logos spelled out in many agreements. They may be out in the open like many open-source projects (which usually boil down to you must be using that project from that branch - forking and reusing the logo is not allowed),
The OSI may lose their logo in the end because the OSHWA inadvertently made it a bit too close and since both are used widely. (Even the OSHWA may lose it because their logo looks too close to the similar OSI one).
All it would take is some company with deep pockets to start slapping the logos on everything they make and arguing that the logos mean nothing.
It's why Apple, Jack Daniels, etc. send C&D letters to the most seemingly fleeting resemblances (though with very different tones - an Apple C&D is very lawyerly, while the Jack Daniels one is more friendly, but it's still a C&D).
Codehaus Logo Keyhole (Score:4, Informative)
I happened to be grabbing a fresh copy of Jetty and noticed that Codehaus's logo [codehaus.org] has the same keyhole.
Re:The bane of Open Sores... (Score:4, Informative)
Sadly, no. There hasn't been a new strip in years. For example, today's strip is a rerun from 2001.
Re:The most pathetic development in Open-Source (Score:4, Informative)
WE ARE TIRED OF ALL THE COPYRIGHT / LOGO / PATENT DISPUTES !!!
I'm sure the OSI is as well. And I'm sure that the OSI likes the logo, and filed regretfully...
Why would they file if they don't want to file?
Trademarks are use-'em-or-lose-'em. If you see something that is potentially infringing, and don't do anything about it, then when someone else comes along and actually does infringe, and you don't like it, they can point to you giving up your rights to your trademark in the previous case, and POOF! There goes your trademark entirely.
It's a shitty situation, but this is where trademark law has left us. For the OSI to have a trademark, they have to sue the OSHWA over this...
Re:Jeez... (Score:5, Informative)
Oh you want to watch 'em foam like rabid dogs,
Yet more anti-FOSS FUD from Hairyfeet.
Here's the reality"
The current leadership of the Open Source Initiative (OSI, opensource.org) has brought to our attention that they feel the Open Source Hardware ‘gear’ logo infringes on their trademark.
US Trademark law requires OSI to protect their mark and to notify potential infringers when they become aware of them. OSI has indicated that they would grant a trademark license to OSHWA. This would give OSI the means to protect their trademark.
http://www.oshwa.org/ [oshwa.org]
Facts From OSI (Score:5, Informative)
I'm OSI's current president. Here are the facts that are missing from the OP: