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ESR On the Open Source Trademark 172

Posted by CmdrTaco
from the from-the-horse's-mouth dept.
ESR sent out the following message to a big old list of folks to clarify the situation regarding the recent announcement that the term 'Open Source' has not officially been registered. Hit the link below to read the whole deal.

The following is an announcement from Eric S. Raymond

On June 15 1999 ZDNet broke the news that OSI's application for an "Open Source" trademark had lapsed, anticipating the public statement OSI had planned to make following its board meeting on 17 June. Subsequently, many people have expressed concern that the phrase "Open Source" might be trademarked by some party hostile to the open-source community.

That's not likely, for the very reason the application was permitted to lapse. We have discovered that there is virtually no chance that the U.S. Patent and Trademark Office would register the mark "open source"; the mark is too descriptive. Ironically, we were partly a victim of our own success in bringing the `open source' concept into the mainstream.

So "Open Source" is not and cannot become a trademark. The purposes for which OSI sought a trademark, however, are still valid. We believe the open-source community gains much from the existence of a recognizable brand name -- one which certifies to users that software is being distributed under the licensing model best shown to produce high quality software. We believe that software vendors will seek to use an appropriate certification mark to signify that quality.

For this reason, the Open Source Initiative is announcing a new certification mark, `OSI Certified'. When the Open Source Initiative has approved the license under which a software product is issued, the software's provider is permitted by us to use the OSI Certified certification mark for that open source software. The details will be spelled out on OSI's Web site shortly,

In all such decisions, OSI will seek (as it always has) to advance the interests of the community we serve, and to promote the winning combination of open standards, open source code and independent peer review.

Because the phrase "open source" cannot be trademarked, we must rely on market pressure to protect the concept from abuse. When you see software that claims to be "open source," look for the OSI Certified mark as your assurance of compliance with acceptable licensing standards.

If you don't see the OSI Certified mark, please read the vendor's license for yourself to check that it is in conformance with the Open Source Definition. Please encourage software providers to obtain OSI's certification and to use the OSI Certified mark, and do not purchase software if it claims to be `open source' but does not meet the terms of the Open Source Definition. (Issued by and for OSI, 16 Jun 1999. A copy of this announcement is available on the OSI website at opensource.org.)

-- Eric S. Raymond

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ESR On the Open Source Trademark

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