Subject: Re: OSI enforcement? (Was Re: Microsoft use of the term "Open Source")
From: 'Rick Moen' <>
Date: Mon, 7 Jan 2008 21:11:47 -0800

Quoting Philippe Verdy (

> I maintain that a trademark is registered by its owner exactly to get an
> exclusive use. But don't read it too broadly: I have also maintained that
> all exclusive uses are granted by the public for an exclusive use but this
> exclusive use is limited in both scope and area (and even time because the
> registration system will most often require renewal and payment of fees to
> extend this reservation).

The point is that several of the "scope and area" limitations are such
that it really makes no sense to speak of exclusive use at all, let
alone about trademarks supposedly making someone "the legal owner of an
expression".  (E.g., non-commercial use by third parties inherently
cannot infringe.)

So, I conclude that you're very likely still in need of fundamental
study on this subject, and really should do that before giving OSI
recommendations on it.

Cheers,                                      "Reality is not optional."
Rick Moen                                             -- Thomas Sowell