FreeLists / openbeos / [openbeos] Re: Naming and trademark issues

["Michael Phipps" <mphipps1@xxxxxxxxxxxxxxxx>]

I have really sincere doubts that JLG would do that. Esp with a free product 
built
from BeOS's user base. But it is a very good concern. Let's go with it for now 
(the next week or so) and see what happens within the community.


>Hello Michael Phipps et al...
>
>I was very interested reading the 'bedevtalk' message threads about 
>creating a new open source version of the BeOS (I read them via the 
>escribe site). I think this is definitely doable, and definitely worth 
>doing.  So in my comments below I'm going to assume that you guys are 
>truly serious about this and that this thing will really happen.
>
>The first issue that comes to mind (for me) is what to call the new OS. 
>This may not seem important -- I'm sure as developers you've got all 
>kinds of interesting technical ideas and concerns floating thru your 
>head at the moment. But the problem is, Be Inc. still exists as I write 
>this and will possibly continue to exist (even if only as a shell 
>corporation) for many months ahead. This means they still own the name 
>'BeOS' as a trademark and could sue any group trying to use that 
>moniker as part of a product name (even a free one).  Or maybe Palm 
>owns the trademark now.... same problem.
>
>I am not a legal expert in the least, so if I'm wrong on this, someone 
>please correct me. But as far as I can see, you won't be able to create 
>an operating system and name it 'openBeOS' or 'freeBeOS' or any other 
>title with 'BeOS' somewhere in it. You would be open to a legal suit.
>
>Does this really matter all that much? Well, if this project really 
>starts to move, you're going to need to put up a web site -- and it's 
>going to need a name. Internally, all communications between developers 
>will require you know what to call the OS that you're working on. 
>Inside the code itself, all kinds of variable names and comments will 
>reflect the OS name (c'mon, you know that's true). You don't want to be 
>six months or more into this and then realize, due to threatened legal 
>action, that the OS name is going to have to change, thus requiring the 
>web page to be renamed, all documentation to be updated, all source 
>code to updated, etc, etc... yuk!
>
>Ok, if anyone thinks that I am totally off-base in this concern, speak 
>up. Otherwise, we need to be thinking about a name for this new OS 
>right away so that all the foundational stuff can be put into place.
>
>Thanks
>Daniel Reinhold
>
>
>