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Date:      Mon, 13 Mar 2000 19:06:23 EST
From:      "John Daniels" <jmd526@hotmail.com>
To:        freebsd-chat@freebsd.org
Subject:   Re: The merger, and ...
Message-ID:  <20000314000623.50393.qmail@hotmail.com>

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Hi:

I have been following this conversation as I'm sure many others are.  I am 
new to FreeBSD but I am as interested as anyone in what the future holds for 
my OS of choice.

As I noted in a prior posting, I believe that it is in everyone's interest 
to respect the FreeBSD project's integrity AND to promote FreeBSD.  Thus, I 
am confident that "the powers that be" will see that the commercial issues 
get sorted out in an acceptable way.

Clearly, the terms on the use of the trademark should not be overly 
restrictive, but at the same time, a line does have to be drawn: there must 
be a point defined where one should have the right to call something 
FreeBSD.

So far, the argument has been: how little can I include and still have the 
right to call my distro "FreeBSD."  Perhaps we can illuminate the issue 
somewhat if we consider it from the opposite direction?  At what point 
should a firm have the *obligation* to attribute it's product to the FreeBSD 
Foundation?  It would seem that this would also have to be addressed since 
the Trademark holder is obligated to protect it's Trademark.

If I use code snippits, sections or modules, I'm probably OK -- I can (and 
must) atribute what I have used within the code.  This is standard BSD, and 
end-users do not have to know that they are using a system with BSD code.

But what if XYZ company uses the kernel as a whole?  Should that require 
more noticeable recognition or attribution?  What if I use everything but 
ports? what if I use an exact copy of the first CD? etc.  If the Trademark 
pertains to physical CD's only, then what if a company includes _everything_ 
but rearranges the contents.  Can (should?) they be allowed to sell this as 
"XYZ OS," without any outward attribution to FreeBSD?

Whatever "FreeBSD" is defined as, shouldn't that be the same if we are 
coming from the lower bounds, as well as from the upper?

I don't know the answer.  Maybe there needs to be several Trademarks 
(kernel, distro, security, ports, etc.)  I would think that such policy 
issues will become clearer in the next few weeks and that they may even 
change somewhat over time.

Lastly, I am not interested in taking sides, in fact IMO it is counter 
productive to get too agitated over these issues at this point.  However, I 
feel that I should point out that some of the attacks against Mr. Glass 
appear to be unjustified.  I don't know what his prior postings have been, 
or the basis (if any) for suspicion about his intentions, but it does not 
appear to be a *bad* thing that someone wants to create value-added products 
and appears to be willing to work within the FreeBSD community to do so.  
His arguements for fairness do not seem to be entirely off-base or deserving 
of partisan negativity.

Please do not construe my remarks as an attack on the many people who 
rightfully feel some loyalty toward the people and efforts of WC/BSDI.  I 
appreciate WC/BSDI support as much as anyone and I do understand that BSDI 
is now the defacto standard bearer for BSD.  There is a natural reaction (I 
feel it too) to close ranks and rally around the flag.

John
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