[openbeos] Re: Naming and trademark issues
- From: "Michael Phipps" <mphipps1@xxxxxxxxxxxxxxxx>
- To: openbeos@xxxxxxxxxxxxx
- Date: Sat, 18 Aug 2001 19:19:30 -0400
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
>
>
>
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