[asterisk-biz] Open letter to digium, asterisk developers and consultants

[Andrew Joakimsen]

The stuff on the Digium site is like an EULA... most of the provisions
are not enforceable.

Just as I can get a BMW engine, put it in a Yugo and sell it in the
free market as a "Yugo with a BMW engine" you can do the same with
Asterisk. Look into "fair use" if you create a product that works with
Asterisk you can call it "compatible with Asterisk" just as a chinese
factory making cheap headlamps can say "fitment for BMW."

Here's some basic reading:

http://www.chillingeffects.org/trademark/faq
http://www.publaw.com/fairusetrade.html
http://en.wikipedia.org/wiki/Fair_use_(US_trademark_law)

Please remember that I am not a laywer and my post should not be
construed to be legal advise. I would suggest you consult with an
attorney before using the word "Asterisk" in connection with your
business.


On Sun, Jun 8, 2008 at 8:47 PM, Trixter aka Bret McDanel
<trixter at 0xdecafbad.com> wrote:
> I am writing this letter to Digium and all those that use or develop
> software for Asterisk.  Asterisk is released under a dual license, the
> one I will focus on is the GPL license.
>
> Digium maintains a trademark on the word Asterisk, along with other
> words.  The trademark policy they have forbids marketing a product with
> the asterisk word if it is not "Genuine Digium Software".  If you modify
> software, apply a patch, add 3rd party modules, this trademark policy
> prevents you from distributing that software saying that its based on
> asterisk, or even using the name asterisk within the program.
>
> This is particularly problematic for 3rd party module developers, since
> they are forbidden from ever revealing that the module is "asterisk
> compatible".  The same applies to AGIs.  All of this software is not
> "Genuine Digium Software".  Consultants are not allowed per the
> trademark policy from stating they work on asterisk systems, even if thy
> are genuine digium software products.
>
> Further, the exceptions to linking that come with asterisk include
> critical libraries that will not allow for building if the project is
> not asterisk.  The trademark policy forces a fork in the software due to
> the name, however the exceptions make this a less than trivial task
> since you would have to replicate openssl and other libraries.  In
> general this policy makes it all but impossible to distribute modified
> works based on asterisk.
>
> The Digium trademark policy is available at http://www.digium.com for
> reference.
>
> While this may seem reasonable under the protection of the brand name,
> it does defy the spirit and intent of the GPL in that effectively Digium
> has banned forks of the project, distribution of 3rd party modules,
> distribution of modified code, etc.
>
> I understand that digium wants to protect their name, their branding,
> and make a clear difference between what they release and what others
> release, however it seems to fly in the face of open source, the Free
> Software Foundation, and the GPL specifically to place these
> restrictions on the software.  It also makes it so that people who have
> developed components for asterisk may have a difficult time leveraging
> that experience for personal or professional advancement.
>
> I am requesting that the disclaimer apply to forks of the asterisk
> project and not just asterisk itself, as this would allow people to
> comply with the trademark policy and still distribute a functional
> program under the terms of the GPL license.
>
> I further request that a difference be made in the trademark policy
> allowing for advertising of products that include phrases such as
> "Asterisk Compatible" or "Based on Asterisk" should someone wish to
> place their AGI, 3rd party module, patch, etc on a webpage and write a
> description for it.
>
> I encourage anyone who agrees that the spirit of the GPL be followed,
> not just its wording to contact digium in support of this proposal.
>
>
> Specifics about the trademark policy obtained from
> http://www.digium.com/en/company/view-policy.php?id=Trademark-Policy on
> June 08 2008, 2:35am CEST.
>
> 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.
>
>
> Uses that are not approved by this policy
> "Use of a Trademark in a web page title, TITLETAG, META tag, or other
> manner with the intent or the likely effect of influencing search engine
> rankings or results listings."
>
> Search engines rank based on content of a page, this in effect prevents
> you from using the trademarked words in your webpage if the software is
> not "genuine".
>
>
> Uses that are not approved by this policy
> "Use of a Trademark to refer to services offered by your company, or to
> suggest that your services are authorized or endorsed by Digium."
>
> If you are a consultant who specializes in asterisk systems you cannot
> mention that, even if it is genuine digium software per the first part
> of this policy.
>
>
> There is a allowed use under the "fair use" provision, which has the
> potentail to remove these, however the policy itself does not make it
> clear that you would be allowed to use it in this way, and it does seem
> to indicate specifically you cannot.
>
>
>
> --
> 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!
>
>
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