Mailinglist Archive: opensuse-project (479 mails)

[Basil Chupin <blchupin@xxxxxxxxxxxx>]

On 21/01/2011 23:27, Pascal Bleser wrote:
> On 2011-01-21 16:09:25 (+1100), Basil Chupin<blchupin@xxxxxxxxxxxx>  wrote:
> > On 21/01/2011 01:13, Pascal Bleser wrote:
> [...]
> > > > Not calling it 'The openSUSE Foundation' just because of trademark reasons
> > > > makes Novell appear to be spoiling the game. This is something Novell cannot
> > > > possibly want.
> > > Indeed, and it seems like that's what Novell is thinking too ;)
> > >
> > > > I don't expect an answer to this question while the merger is ongoing.
> > > The informal OK was received before the merger started.
> > But, Pascal, this is the most serious stumbling block facing this
> > Foundation and all discussion about it and its Rules and By-Laws and
> > name is a total waste of time and effort!
> Hi Basil.
>
> No, it is not a "total waste of time and effort", because even
> if we cannot use the trademarks, we will set up a foundation
> anyway. And even if Novell (or Attachmate) doesn't want us to,
> we will set up a foundation anyway.
>
> Obviously, it is better for both "sides" (we're very much on the
> same side actually, at least as of now, and I don't expect that
> to change) if Novell/Attachmate licenses the use of the
> trademarks to the foundation, no doubt about it.
>
> Having to call it "The Green Thing Foundation" is sub optimal.
> But it wouldn't stop us.
>
> > You do NOT have a formal agreement, nothing in writing, and Novell
> > has been sold.
> Correct. I don't think that the agreement was inked on paper in
> one form or another at this point. I'll have to check back to
> find out.
>
> Novell has been sold, but from everything we heard up to now from
> Attachmate, I expect that quite a few of the same people will
> stay in place (and I'm talking at "SUSE level" or rather
> "operational level" here, not at "Novell CEO level" or such, the
> latter not having all that much to do with openSUSE anyway).
> And I don't expect those people to change their mind.
> Some of us know them, and trust them. Not because we're naive.
>
> There is no 100% guarantee at this point, that's all I actually
> wanted to say, but I don't expect Novell/Attachmate to not
> license the trademark usage to the foundation.
> And that's all we can do about it at this point.
>
> But, as said, if they don't, we'll have our foundation anyway.
>
> > The new owners are never under any obligation to honour any
> > agreement made by the organisation it just acquired especially since
> > there is nothing in writing and which would have been part of the
> > documentation looked into the new owners before acquiring Novell.
> Stunning news for you: we are well aware of all that.
>
> > All this is about smoke and mirrors and hopes.
> > > Of course, it'll only be carved into stone once we'll have the
> > > bylaws and a foundation and a formal copyright licensing etc...
> > > But no reason to panic about that right now :)
> > I don't think anyone is panicking but I also think that a lot of
> > people are living in Never Never Land......
> I don't believe we are. We are human beings as well, not just
> email addresses and IRC nicks.
> We have our life experience as well, and most if not all the
> people currently involved in the openSUSE board have quite a
> lengthy experience in working with opensource projects,
> communities, dealing with sponsors and businesses that have
> different priorities, etc...  Please don't assume we're just a
> bunch of naive "never never land citizens".
>
> Of course, any *constructive* feedback, ideas, sharing of
> experience is most welcome. That is why we're in the process of
> putting out documentation about the current state of things
> regarding the foundation, and inviting people to join the effort
> on the appropriate foundation mailing-list.
>
> > What do the lawyers engaged to put this Foundation together state
> > about this situation?
> We're not quite there yet.
>
> cheers

Thanks Pascal for this response (and sorry to quote it all back here).

I hear what you are saying but I must state that your last para is of 
some concern to me. I would have thought that getting legal advice would 
have been paramount when considering forming a foundation otherwise why 
would you seek legal advice after you get past the "we're not quite 
there yet" stage, if at all? :-) .

BC

--
"In the councils of government, we must guard against the acquisition of unwarranted 
influence, whether sought or unsought, by the military-industrial[-congressional*] 
complex. The potential for the disastrous rise of misplaced power exists, and will 
persist......Only an alert and knowledgeable citizenry can compel the proper meshing of 
the huge industrial and military machinery of defense with our peaceful methods and 
goals, so that security and liberty may prosper together."
(* in the draft of speech, later removed) President D. Eisenhower, 17 January 
1961

--
To unsubscribe, e-mail: opensuse-project+unsubscribe@xxxxxxxxxxxx
For additional commands, e-mail: opensuse-project+help@xxxxxxxxxxxx