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Date:      24 Apr 2003 11:54:03 -0700
From:      swear@attbi.com (Gary W. Swearingen)
To:        ulf@Alameda.net
Cc:        freebsd-chat@freebsd.org
Subject:   Re: Mercenary coding (Re: Is there a header conflict?)
Message-ID:  <hjwuhjafqs.uhj@localhost.localdomain>
In-Reply-To: <20030424005918.Z92807@seven.alameda.net>
References:  <p565p5b2ex.5p5@localhost.localdomain> <20030423215202.V36781-100000@a3ij25fvy80j.bc.hsia.telus.net> <20030424005918.Z92807@seven.alameda.net>

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Ulf Zimmermann <ulf@Alameda.net> writes:

> On Wed, Apr 23, 2003 at 09:53:26PM -0700, Viktor Lazlo wrote:
> > 
> > On 23 Apr 2003, Gary W. Swearingen wrote:
> > 
> > > So who owns the FreeBSD trademark and where are the "Permitted Uses"
> > > documented, as published by other trademark owners?
> > >
> > > I find nothing about the trademark at www.freebsd.org and even the
> > > copyright is claimed by a corporation (FreeBSD, Inc.) which shows
> > > little other evidence of a legal existance, like some contact info.
> > 
> > http://www.freebsd.org/copyright/daemon.html

That's for the copyright on the daemon logo/image, which makes me wonder
if anyone is even claiming trademark protectection for that.  But it
doesn't really matter in this discussion as someone who wants to sell
custom versions of FreeBSD CDs can easily avoid use of the daemon image.
I was asking about the trademark status of the word "FreeBSD" and the
copyright owner of FreeBSD code and documentation (and maybe web site).

Following on the clue of Viktor, http://www.uspto.gov shows us that
"FreeBSD" is a registered trademark of Walnut Creek CDROM, which using
the kepler.ss.ca.gov site shows as another "suspended" California
corporation.  I noted once that Walnet Creek was sold to the
www.simtel.net owner, but BSD Mall's site claims to be the former Walnut
Creek CDROM.  I don't doubt it, but their site makes no obvious claim
of FreeBSD trademark ownership.  I'd think that would be a necessary
part of trademark protection requirements.  So who owns the trademark?

> That should actual be:
> 
> 	http://www.FreeBSD.org/copyright/freebsd-license.html

Yes, that's what makes the seemingly bogus "FreeBSD, Inc." claim.
 
> As to the Incorporation:
> 
> 	http://kepler.ss.ca.gov/corpdata/ShowAllList?QueryCorpNumber=C1948888
> 
> Corporation 
> FREEBSD, INC.  
> Number: C1948888  Date Filed: 9/8/1995  Status: suspended  
[...]
> Status suspend is bad, considering the copyright points to it.

Good detective work!  The site's definition of "suspended" starts: "The
California corporation has lost all rights and powers for failure to
meet statutory filing requirements of either the Secretary of State's
office or the Franchise Tax Board."  (The site offers more status info
for money.)

Anybody care to educate us about what sorts of things typically happen
to the IP assets of defunct corporations?  Is it a fair guess that
freebsd-license.html is effectively naming Jordon Hubbard as the sole
owner of "The FreeBSD Copyright"?  Or nobody?  (Of course, we know that
the page's title is bogus too and that there are many owners of FreeBSD.)

We can hope that all of this continues to be of little importance.
After all, nothing succeeds like success (the old NASA motto?).



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