[asterisk-biz] PBX Functionality for Less than the Price of a KeySystem (3Com Asterisk IP Telephony Appliance)

[Trixter aka Bret McDanel]

On Wed, 2008-06-04 at 10:34 -0400, Jay R. Ashworth wrote:
> On Wed, Jun 04, 2008 at 05:15:49AM +0200, Trixter aka Bret McDanel wrote:
> > Basically it means if you remove something for reasons other than
> > porting or add anything for any reason you cant use their trademarked
> > words (among others: DIGIUM, ASTERISK, AsteriskNOW, IAX, and DUNDi)
> > anywhere in the software or your product description.  
> 
> They can't protect IAX and DUNDi that way, I'm pretty sure; the
> *protocols* would be stock, and therefore not violate the license --
> but since usage of those particular terms is almost certainly
> nominative anyway, they *still* couldn't enforce.
> 

trademark wouldnt cover the protocol, only the name, so yes they can in
the way they they are claiming trademark the name.


> > Dont advertise it as asterisk or asterisk based per section "Uses that
> > are Not Approved by this Policy" paragraph 3 in certain places of your
> > web page (possibly not anywhere since that would influence search engine
> > results if the engine indexes based on content).
> 
> "Asterisk-based" is, again, nominative.
> 

According to their policy that is derived from asterisk, according to
their policy if its not a "Genuine Digium Product" as defined in their
terms you cant use their words.  This is just what digium is claiming
publicly and openly on their webpage what you can and cannot do,
basically if you innovate asterisk in any meaningful way you must fork
it, which looses the license exceptions, which means it no longer works.

Its actually a clever way to release it gpl without having the risk of
anyone ever competing with you (even if they are releasing gpl too).  

> It's also factually correct.  They can't, I don't think, control that
> usage either, though IANAL.

well whether or not they can, their use policy states this, and that is
all I was saying, this isnt really the proper forum to debate whether or
not they *can*, I was just commenting on the fact that they are claiming
you cant.

Personally I think it would be difficult to sue (although trivial to
file and cost you a bunch of money).  I also dont imagine they would
sue, but they say they can.  What would be nice is if they came up with
a policy that was compliant with the *spirit* of the gpl not just its
wording if they really want to foster good feelings in the community.

-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
Belfast +44 28 9099 6461        US +1 516 687 5200
http://www.trxtel.com the phone company that pays you!