The issue of trademark policy is a gray one at best and it seems to me that OpenFOAM might be overreaching in their enforcement. However, it is their trademark and they can choose to police it how they see fit. And until someone pushes back, this will not change.
To make it unambiguous, I suggest changing the name to something like "Documentation Project for OpenFOAM". This would be clearer and not in violation of the trademark. If this type of use were in violation, then books like "Excel for Dummies" or "Learn Photoshop in 24 hours", we be in the violation as well - which they are not. There are millions of books and websites written that document the use of commercial products. Out of my own curiosity, could you post the cease-and-desist letter? |
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Third Parties must not incorporate the Trade Marks into the names of their goods or services unless they have a specific written agreement or licence from OpenCFD Limited permitting them to do so. Quote:
http://www.microsoft.com/about/legal...e/general.mspx ANSYS(r) guidelines are somewhat more restrictive than those from Microsoft: http://www.ansys.com/ansys_trademark...guidelines.pdf The usage of their trademarks in publication titles might be OK, but you should ask for their permission to be sure. Best, |
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to say that very clear: there was the _threat_ of a cease and desist letter from OpenCFD® Limited and to go to court because of this project. Not more, but I think still more important not less! Please do understand that as a Ph.D. student I could not afford the costs related to such a letter. Therefore I had to prevent me from _further_ damage - I had already hired an attorney because of the first claims that came from OpenCFD® Limited (after which I changed the project name, its logo and domain). best regards, Holger |
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While I am certainly no trademark expert, I don't believe #8 is enforceable under patent and trademark law. Again, I believe this was written as means to extend the enforcement - whether or not it has any legals ground. But I could be wrong. In addition, it would seem to me #1 is in contradiction to #8: Third parties may only use the Trade Marks solely to reference OpenCFD Limited’s software, products and services. Referential use is prohibited if such use would defame or disparage OpenCFD Limited, its products or services. I.e. Holger's project is referencing OpenFOAM products and not a derivative and obviously would not defame them. However, as a PhD student and no means to legal counsel (although you would think his university has free legal avenues), it is likely too much for Holger to resist their policies, legally enforceable or not, and the argument is moot. |
This issue reminds me the problems with Micro$oft, but it seems even worst than Micro$oft , and reflects some attitudes I've seen in the forums. Anyway, Why not using OpenPOAM? All of us know that we are saying... maybe new users must associate it with the brand, but is only a time question. I know it's childish but, it's simple.
Regards. |
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No university offers, to my knowledge, free legal support for this kind of initiative, if the initiative itself is not endorsed officially by the same university. Best, |
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Maybe I am being naive/ignorant of how this works, but could you use number 5 to your advantage?
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In my understanding, that would be OK for the documents.
But what about the domain name and the project description, which was among the things to change? In other words, how can you have a documentation project of a software without being able to refer clearly to it? |
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To me, the domain name is almost irrelevant as long as it is associated with the project. aka anything generic like "www.cfdguide.com" is fine as long as google/yahoo/bing bring it up when people search 'openfoam help" |
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So, I think there are three possibilities now:
Disclaimer: OPENFOAM® is a registered trade mark of OpenCFD Limited, the producer of the OpenFOAM® software. This communication is not approved or endorsed by OpenCFD® Limited, the producer of the OpenFOAM® software and owner of the OPENFOAM® and OpenCFD® trade marks. |
Nice post Alberto.
I think we are all waiting for the answer of OpenCFD(r) on these points to be able to re-discuss TOGETHER a community-based documentation project. I encourage everyone (developers, users, ...) to express himself in a constructive way on the subject. Cheers François |
OpenFOAM-dev...
I'm curious now.
If the documentation project represents an infringement to the trademark, what about the sourceforge release -dev? Is it not the same situation? Dragos |
The Free Software CFD Toolbox
What could we expect from those who named their software The Open Source CFD Toolbox? I think that the solution is in the book by Stallman.
According to Stallman (2004, Chapter 6: Why “Free Software” is Better than “Open Source”): ... Over the years, many companies have contributed to free software development. Some of these companies primarily developed non-free software, but the two activities were separate; thus, we could ignore their non-free products, and work with them on free software projects. Then we could honestly thank them afterward for their free software contributions, without talking about the rest of what they did. This manipulative practice would be no less harmful if it were done using the term “free software.” But companies do not seem to use the term “free software” that way; perhaps its association with idealism makes it seem unsuitable. The term “open source” opened the door for this. ... The point that he missed is the point that “open source” was designed not to raise: the point that users deserve freedom. Spreading the idea of freedom is a big job—it needs your help. That’s why we stick to the term “free software” in the GNU Project, so we can help do that job. If you feel that freedom and community are important for their own sake—not just for the convenience they bring—please join us in using the term “free software.” Stallman, R. M. Free Software, Free Society: Selected Essays of Richard M. Stallman. Boston: GNU Press, 2004. |
It is a pity there is no reaction form OpenCFD on this matter.
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OpenFoam wiki http://openfoamwiki.net/ is down.
Does it depend on the same reason of the documentation project? |
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yes it's up again for me
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OpenFoam wiki http://openfoamwiki.net/ is running... but... Do they have an agreement for using the brand?
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The trademark policy of OpenCFD is very restrictive. According to this policy also the wiki need the agreement for using the brand. |
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