Subject: Re: Use of "open source"
From: Rick Moen <>
Date: Thu, 4 Jan 2007 00:44:02 -0800

Quoting Matthew Flaschen (

> Yes, I really shouldn't mix those up.  Part of it is that the OSI site
> says, "Unfortunately, the term "open source" itself is subject to
> misuse, and because it's descriptive, it can't be protected as a
> trademark (which would have been our first choice)."
> ( Still, I don't
> think OSI is really prepared to litigate over the "open source" term
> itself.

Well said, and I have to admit that I was stretching the point:  OSI
hasn't acted, in general, in ways trademark holders should concerning
the term "open source" if it were to seriously contemplate enforcing
that as a commercial mark under trademark law.  However, that of course
is entirely irrelevant to the legitimacy of OSI's custody.

Cheers,              "By reading this sentence, you agree to be bound by the 
Rick Moen             terms of the Internet Protocol, version 4, or, at your   option, any later version."  -- Seth David Schoen