OT: non-commercial open source license?

G. Matthew Rice matt-s/rLXaiAEBtBDgjK7y7TUQ at public.gmane.org
Wed Jan 4 22:57:47 UTC 2006


Tony Abou-Assaleh <taa-HInyCGIudOg at public.gmane.org> writes:
> > No.  I don't think so.  It is polite to rename it or indicate that it is
> > different, though.
> 
> Names of products are typically covered by the trademark laws, rather than
> the copyright laws.
> 
> Hypothetical examples:
> 
> I make an app, call it foobar, and release it under GPL. You take my app,
> change it, and release under the same name. What can I do about it? Pretty
> much nothing. I don't have the money to sue you, my business is not based
> on foobar, and you don't have much money that I can get from you. In this
> example, if I sue you, I end up losing money on costs.

Plus the original author probably didn't ever formally register the
trademark.  Then it gets to be more fun.  Anyone remember the battle over the
US 'Linux' trademark a few years ago?  :)

I know of at least one _very_ popular package that claims to be trademarked
by a TLA'd company but, in fact, isn't (I asked the original author once).
Anyone can slap a (tm) beside a name.


There are other ways to skin a cat, too.  The prez of HLUG had an online game
that he (and others) wrote.  Recently, someone in Portugal (or Spain)
packaged it up and started selling it.  When asked to cease and desist, he
said 'FU'.  They then contacted his university and explained what the guy was
doing, on university computer no less, and the guy was inches away from
expulsion.  nice outcome.


> I hope the above example are sufficiently accurate to be useful :O)

You could have just explained the Golden Rule:

      He who has the gold, makes the rules.

:)
-- 
g. matthew rice <matt-s/rLXaiAEBtBDgjK7y7TUQ at public.gmane.org>           starnix, toronto, ontario, ca
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