[Asterisk-biz] Asterisk Ffork - OpenPBX.org

[Paul]

That's why the open source version of staroffice became openoffice.org 
rather than openoffice(somebody else owns that). Maybe digium needs to 
consider allowing a name like openasterisk or asteriskorg to be used 
freely in order to preserve rights for Asterisk(tm)?

William Lloyd wrote:

> Selectively prosecuting trademark and copyright infringement is a  
> problem.  Unless a company is shown to be defending a trademark in  
> all cases of infringement then you can possibly lose the trademark.   
> Unless of course you negotiate and have a license with people to use it.
>
> This article says it better..
>
> http://www.entreworld.org/Content/EntreByline.cfm?ColumnID=180
>
> Specifically this bit seems relevant...
>
> A company that tolerates misuse of its marks by the public and/or  
> fails to enforce quality control standards in any licensing of the  
> mark may lose its trademark rights, and, therefore, one of its most  
> valuable weapons in the war for market share.
>
> -bill
>
>
>
> On 10-Oct-05, at 10:58 AM, Kevin P. Fleming wrote:
>
>> Peter Nixon wrote:
>>
>>
>>> So what you are saying is that what Novell and SUSE do by  
>>> distributing Asterisk with OpenH323, Spandsp, BRIStuff and a few  
>>> other patches all together on their FTP site, CDs and DVDs (not to  
>>> mention all of the 3rd party mirrors) and calling them  collectively 
>>> Asterisk is illegal. Given that they have been doing  so for longer 
>>> than 12 months and there is no way that Digium could  have not know 
>>> about this has Digium filed suit against Novell for  this (According 
>>> to you) Trademark and Copyright infringing behavior?
>>>
>>
>> I'm saying that it is possible for this behavior to be considered a  
>> license/trademark infringement, if Digium chose to do so. Then  
>> again, IANAL, so I can't say with certainty that this is true... we  
>> will need to get some more clear trademark licensing documentation  
>> written before anyone could say conclusively exactly what sort of  
>> modifications are allowed without infringement.
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>>
>
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