[asterisk-biz] Fonality Teams with Dell

[Trixter aka Bret McDanel]

On Wed, 2008-01-23 at 15:42 -0700, Andres Paglayan wrote:
> > The other thing is that if Dell and Fonality are selling the
> > opensource version of asterisk then they will have to make that clear
> > in their marketing or am I wrong?  I know the source has to be
> > supplied on request or in some form but I am not sure if they have to
> > tell the buyer that it is Asterisk.
> 
> it's clear on their home page that is about a PBX based on Asterisk
> 

Even if it werent clear they dont *have* to, infact if there is a
modification to the code base other than for interoperability you *cant*
make it clear that its based on asterisk.

Digiums trademark policy
http://www.digium.com/en/company/view-policy/5

Use not approved
#4 The naming or marketing of any software or product by the name
"DIGIUM" or "ASTERISK" (another Digium Trademark), unless that software
or product is an Genuine Digium Product.

Under general
Genuine Digium Software is the software in the same form as originally
distributed by Digium, without modification to the code of any extent.
The only exception is that software may still be considered Genuine
Digium Software if, in connection with distribution of that software for
a certain platform, code has been removed that relates to functions that
would not work on that platform in any event. Once a change has been
made to the software, even if that change may be permissible under the
GPL, the software is no longer Genuine Digium Software, because Digium
did not make or control the change.

So if they added modules, drivers, other other code to make their
platform 'theirs' it may be GPL but it cant be named asterisk either in
program name or in marketing.

Further the GPL itself has nothing in it that covers marketing, only
distribution.


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Trixter http://www.0xdecafbad.com     Bret McDanel
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