Subject: no magic here
From: "Leonard H. Tower Jr." <tower@ai.mit.edu>
Date: Tue, 10 Feb 1998 05:44:12 -0500 (EST)

Some of you are waving "tm", "TM", etc around as if it is magic
protection to prevent the phrase "open source" from being co-opted.

It is not  magic.

A trademark is a claim, and just a claim.
It has to be defended and protected to stay valid.
Continual education and legal footwork is necessary.

You'll lose it, if you don't protect it properly.
It will be co-opted, if you don't protect it properly.

And as Adam has pointed out, some phrases can't easily be trademarked.
"open source" could have problems.

This kind of protection is (usually) done by experts with knowledge in
the field who (usually) charge high fees for their expertise.  They
are known as trademark lawyers.

It is easy for amateurs to lose here.  And everyone's name I have seen
mentioned so far in this "open source" effort is an amateur when it
comes to trademark law.

I agree with Gilmore, that you are spinning your wheels.
But I also agree with him, that they are your wheels to spin.

I note that the FSF has spent significant parts of it's budget paying
lawyers who understand copyright to help design and protect the GPL.
The FSF has received some donated legal time, but not enough to meet
all it's legal needs.

best -len