[opensource] Open Source !tm

[henk@fortean.org]

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.) 

Suuuomikkie vinnouuven,
-- 
   Henk Kloepping                         Voice  : +31 598 42 31 31
   European Fortean Foundation            e-mail : henk@fortean.org

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