Subject: Re: OSI enforcement? (Was Re: Microsoft use of the term "Open Source")
From: Rick Moen <>
Date: Sun, 6 Jan 2008 00:10:01 -0800

Quoting Philippe Verdy (

> Anyway, the subject is already so hot and well known in lots of
> countries that I have doubt that any country will ever accept now the
> registration of "open source" as a trademark, due to the huge history
> of prior use (or prior art)....

These would be obstacles to patents, not trademarks.

> ...and really a lot of groups and companies throughout the world that are
> monitoring any attempt by anyone to register it for its exclusive use.

And, I will reiterate yet again -- as I did when Philippe was attempting
this same chain of reasoning last year, that trademarks _never_ convey
any right to exclusive use.