Subject: RE: Legal soundness comes to open source distribution
From: "Lawrence E. Rosen" <lrosen@rosenlaw.com>
Date: Wed, 14 Aug 2002 09:46:59 -0700

> Surely the whole point of a rule of reason is to have a 
> middle ground between "arbitrary and capricious" and 
> mechanical jurisprudence?

Surely so.  Its just that this standard isn't consistent with trademark
law.

The "rule of reason" terminology, by the way, comes from antitrust law.
We know from recent experience how vague and uncertain is that standard,
even in the federal courts.  Is that the standard for us to emulate?

/Larry

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