Subject: Re: For Approval: Microsoft Permissive License
From: Chris Zumbrunn <chris@czv.com>
Date: Thu, 4 Oct 2007 11:51:25 +0200


On Oct 4, 2007, at 11:32 , Arnoud Engelfriet wrote:

> Rick Moen wrote:
>> Quoting Chris Zumbrunn (chris@czv.com):
>>> Putting a "Microsoft Public Licensed" sticker on the boxed  
>>> version of
>>> your open-source software would probably be pushing the envelope in
>>> every country.
>>
>> Your hypothetical looks precisely like straightforward nominative  
>> use to
>> me -- which usage is specifically exempted from claims of trademark
>> infringement, in US law.  (Well, it's an affirmative defence,  
>> which is
>> to say it must be established in court by the defence, based on a
>> showing of facts.)
>
> Personally I wouldn't recommend "Microsoft Public Licensed" since
> I would be afraid it could be misunderstood. Is this something that
> Microsoft licensed to the public? "Available under the Microsoft
> Public License" is clearer.

Either way, I don't think it is "our problem". It doesn't stand in  
the way of OSI approval. If anything, Microsoft is just shooting  
themselves in the foot.

Chris