On Tue, 11 Jun 2019 at 10:23, Richard Brown
- If we continue using the name openSUSE in any way, manner, or form, SUSE will be duty bound to ensure that openSUSE does not conduct any actions which hurts its brand or trademark. This will mean that, alongside any agreement the Project has to use the name "openSUSE", there will be strings attached. Such restrictions could be in the form of the status quo - currently SUSE have a veto right over any actions in the openSUSE community, a power trusted into it's Chairman, me. This is a right I am on the record of being uncomfortable with, and thankfully have never needed to use, but I totally understand the need of it from a corporate perspective - openSUSE can't be allowed to go making deals that undermines SUSE's business, gives it a bad name in public, or otherwise makes things more complicated for either organisation. SUSE's Veto right also means that we have been able to forgo having long detailed lists of restrictions on what openSUSE can do. However, if SUSEs veto right is lost in the Project's transition to a Foundation (and that might be necessary to ensure the Foundation is seen as a clearly separate legal entity), I would expect SUSE will require a significant amount of detailed restrictions on the activities the Foundation will be able to conduct. Negotiating and finding a mutually satisfactory set of terms and conditions will take a lot of time and effort, and such restrictions will limit the scope and extent of the Foundation to receive sponsorships, money, services, etc.
Also consider this (theoretical but based on past reality) example Imagine a company or umbrella foundation that wants to start some new open source project and wants to involve openSUSE in that effort. The project is starting up and wants to keep things private until the initial partnerships are established and can be launched properly as a cohesive new thing. Therefore initial discussions are likely to be done under the terms and conditions of non-disclosure agreements. Currently, any such NDA can only be signed by SUSE, as openSUSE's defacto legal entity. Even if SUSE were to sign the NDA on behalf of openSUSE, SUSE will in practice be accepting liability for the actions of openSUSE at large, which may expose SUSE to significant risk. Can SUSE trust the openSUSE community to upheld it's obligations to an NDA SUSE signed on its behalf? I think it's fair to expect SUSE to be a little nervous about such arrangements. Therefore its my experience that SUSE are only going to sign NDAs which are also in their business interest, which may not be aligned with the interest to the openSUSE community at large. I feel this means openSUSE potentially misses out on some of the more interesting aspects of the open source world when companies and larger open source federations are involved. If our Project forms a foundation, any only uses trademarks, that don't have "SUSE" in the name, then the Foundation will likely be in a much more free place to involve itself in such opportunities. If we continue to use the name "SUSE" in any significant way, the Project likely to retain at least some complications and/or limitations in this area, as SUSE will have grounds for ensuring their/our shared trademarks are only used in ways they are comfortable. Do I think such an arrangement would the end of the world? Nope Do I think it's possible we could find compromises that makes almost everyone happy? Absolutely But I do think this example illustrates some of the factors we need to consider on this topic besides the emotive "but we like the current name" feeling :) Regards, Richard -- To unsubscribe, e-mail: opensuse-project+unsubscribe@opensuse.org To contact the owner, email: opensuse-project+owner@opensuse.org