Subject: Re: get ready
From: Paul Nathan Puri <publisher@ompages.com>
Date: Thu, 15 Apr 1999 02:07:22 -0700 (PDT)

On Thu, 15 Apr 1999 phred@teleport.com wrote:

> My recollection of Patricia Samuelson's talk at the Open Source Developer Day
> last August was that she was more favorable to the enforceability of the GPL,
> NatePuri.  I don't want to beat a horse that may already be dead, but this
> gets very close to the heart of the purpose of this list to begin with,
> which is enforceability of a given license within the context of open source.

Who is Patricia Samuelson?  Can I find a web version of her talk?  The
more information the better for me.  In any case, I think any license is
enforceable to the extent that it manifests the intent of the licensor,
and this is dependent on the extent to which the license also can be
specifically applied to a given author's code.  
 
> I'd be interested if you or others have further thoughts specifically on
> enforceability with regard to the GPL and other open source-like licenses.

I have a term paper due tomarrow where I address the GPL as relates to the
exent to which it is designed to further innovation where copyright fails
to even though it is intended to promote it...
 
> phred
> 
> PS  My understanding is that rights to enforce a trademark arise from
>     actual use of the mark, but you can't enforce the rights without
>     registering it.  Thus, if the GPL hasn't been registered, it might
>     be considered a trademark but wouldn't be enforceable as such.

I believe registration goes to proof, not existence.  There could be other
forms of proof.  A corp. could make extensive use of a symbol/mark and
claim ownership of it, much in the way copyrights are used.  A more proper
legal explanation would be:  a corp. or individual has the right to
exclude others from using a mark where he or it has adopted and made use
of the mark in the market.  Registration is prima facie (self-proving)
evidence of this right to exclude.  Thus, you can enforce the right
without registration if you have outside proof.  But registration provides
this proof, and since it is relatively easy to do, it is wise to do.

I don't know if this answers your question.  I may not be clear as to what
your question is, or what your question relates to (i.e., which other
posts it relates to)

NatePuri
publisher@ompages.com