Subject: Re: For Approval: Microsoft Permissive License
From: Rick Moen <rick@linuxmafia.com>
Date: Fri, 28 Sep 2007 13:24:27 -0700

Quoting Philippe Verdy (verdy_p@wanadoo.fr):

> My main concern against the Microsoft proposed licences is in their
> name: they contain the copyrighted and severely restricted trademark
> name "Microsoft", which restricts the way it can be cited. So
> Microsoft must explicitly state that the use of its name in the form
> of the displayed licence name does not infringe its rights, including
> when the licence name is cited in other products that would use this
> licence, even when they are competing with Microsoft's own products.

Oh, come now.  Trademark encumbrances simply do _not_ in any way
preclude mere mention of the covered marks, either by commercial
competitors or by anyone else.
 
If you honestly think otherwise, I would strongly recommend your
reviewing how trademark infringement _actually_ works in various
jurisdictions.  (I'm sorry to say I don't know about specific EU
variations, but can speak concerning the USA equivalents with about as
much confidence as is possible for a non-lawyer who's studied business
law.)

-- 
Cheers,                     Peter G. Neumann:  "Mars has been a tough target."
Rick Moen                   Harlan Rosenthal:  "That's because the Martians keep
rick@linuxmafia.com         shooting things down."   RISKS Digest, v. 20, #59&60