[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 16:41 -0400, Jay R. Ashworth wrote:
> That does not *forbid me from using it to refer to that protocol*, even
> in the practice of commerce.
> 

that is an issue you have to take up with digium, they say it does give
them the right since they own that name and you dont.  


> You don't actually speak to my assertion, which is that
> "Asterisk-based" does not violate their trademark in any meaningful
> way.
> 
other than it is half of their property.  So it kinda does use their
property (the trademark "asterisk") so they feel that since they own
that any use of that word comes under their control.  It specifically
would violate their trademark TOS, now you can buy that right
presumably, but the default policy is that you cant do that, read it for
yourself if you dont believe my assertion that digium says you cant do
that unless its "genuine digium software" as defined in their policy.


> Won't argue.  I forget, does GPL v3 speak to trademarks?  I don't even
> remember whether v2 does, at the moment.

no only patents, and under some interpretations gpl 3 can be made to
mean that if you own a patent that isnt used at all in gpl3 software but
you use gpl3 software that patent is now open to all.  This is why legal
council of some companies are apparently advising clients to not use,
distribute, or release under the gpl3.  Trademarks are still a way to
prevent people from having meaningful gpl rights (like the ability to
distribute modified code).  

And even if the gpl3 allowed it, unless digium itself released gpl3
there is not much you could do, to say "2 or later" and someone else
opts for gpl3 they cant force anyone they got it from to do anything, it
would only affect their ability to distribute.  Technically gpl3 makes
g.729 and such very very difficult to ever do until all the patents
expire (basically you cant combine gpl3 and patented stuff without
releasing the patent to everyone which a 3rd party cant force to be
done).
-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
Belfast +44 28 9099 6461        US +1 516 687 5200
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