Re: VCL project name

[Matt Hogstrom <ma...@hogstrom.org>]

I'm less concerned about the project name in as much as I'm concerned  
about the transition from development done at NCSU being done at  
Apache.  From what I can see the developers have been moving their  
activity here and we're seeing collaboration in the Incubator which  
indicate to me that the project is making the transition to Apache.   
That said, we need to get a release out and keep stoking the fires of  
the community.

As far as the name goes, I agree that it is / will be confusing and  
personally would support changing it.  Its pretty clear that the bulk  
of the community (those from NC State) are opposed to changing the  
name as they are vested in the name.  Fine.

The name discussion can probably go on for a long long time as it  
sounds like its mostly opinion at this point and there are not any  
legal issues that would prevent it.  Personally, I think the project  
is going to have a problem creating an identity separate from NC State  
because of using the same name.  However, its up to the community to  
show that the real work is done here and this is where the project  
lives.  Progress is being made, there is lots more to do.


On May 29, 2009, at 11:27 AM, Henri Yandell wrote:

> Does this still hold Larry after further explanations in later mail?
>
> "Apache VCL" would exist, and users of Apache VCL would be able to
> call their service "MyName VCL" without our having any trademark
> concerns? Are NCSU the effective owners and we have an implied license
> from them, so whether MyName VCL is allowed or not is up to NCSU
> still?
>
> For Josh's info - 'Business' decisions on trademarks are the realm of
> the PRC as opposed to Legal, so we might need to tie them in. I'll see
> what Larry says first.
>
> Thanks,
>
> Hen
>
> On Wed, May 27, 2009 at 3:58 PM, Lawrence Rosen  
> <lr...@rosenlaw.com> wrote:
>>>> From those on the legal-discuss list, there's one thing NCSU  
>>>> would like
>>>> to get clarification on.  If NCSU more clearly donates the name  
>>>> "VCL" to
>>>> Apache, would NCSU still be allowed to run a service that  
>>>> contains "VCL"
>>>> in the name of the service?
>>
>> Yes. We can't and won't expressly trademark "VCL".
>>
>> NCSU doesn't need to donate anything, merely acquiesce in our  
>> calling our
>> software "Apache VCL".
>>
>> /Larry (with ASF attorney hat on)
>>
>>
>>> -----Original Message-----
>>> From: Josh Thompson [mailto:josh_thompson@ncsu.edu]
>>> Sent: Wednesday, May 27, 2009 8:07 AM
>>> To: legal-discuss@apache.org
>>> Cc: vcl-dev@incubator.apache.org
>>> Subject: Re: VCL project name
>>>
>>> -----BEGIN PGP SIGNED MESSAGE-----
>>> Hash: SHA1
>>>
>>> Bump.
>>>
>>> Is there anyone out there that could give us some direction about  
>>> our
>>> project
>>> name?
>>>
>>> Thanks,
>>> Josh
>>>
>>> On Monday May 04, 2009, Josh Thompson wrote:
>>>> To the legal-discuss list:
>>>>
>>>> From those on the legal-discuss list, there's one thing NCSU  
>>>> would like
>>> to
>>>> get clarification on.  If NCSU more clearly donates the name  
>>>> "VCL" to
>>>> Apache, would NCSU still be allowed to run a service that  
>>>> contains "VCL"
>>> in
>>>> the name of the service?
>>>>
>>>> Whether or not the Apache project name changes, the NCSU site
>>>> (http://vcl.ncsu.edu) will be updated to clearly reflect that the  
>>>> code
>>>> powering the service is from Apache.  As a bit of background, while
>>>> development of VCL was at NCSU, NCSU had no problems with other
>>>> universities using the code to run a service named "VCL" at their  
>>>> own
>>> site.
>>>>  It was just asked that somewhere on the site, NCSU was credited  
>>>> with
>>> the
>>>> development of VCL.  When moving the code to Apache, it was  
>>>> assumed that
>>>> this same arrangement would be allowed (i.e. Apache credited with  
>>>> the
>>>> development of VCL).  It's okay if that's not the case, but it  
>>>> would be
>>>> helpful to have some legal reasons explaining why.
>>>>
>>>> To the vcl-dev list:
>>>>
>>>> If using "VCL" in the name of the service would not be allowed,  
>>>> what do
>>>> people in the VCL community think of changing the Apache project  
>>>> name to
>>>> VCloud? That name was previously mentioned by Sam in this message:
>>>>
>>>> http://mail-archives.apache.org/mod_mbox/incubator-vcl-
>>> dev/200903.mbox/<001
>>>> 701c99c40$87f1a390$97d4eab0$%40edu>
>>>>
>>>> Thanks,
>>>> Josh
>>>>
>>>> On Friday May 01, 2009, aaron_peeler@ncsu.edu wrote:
>>>>> Matt, Alan, Kevan,
>>>>>
>>>>> Any additional information on the project name ?
>>>>>
>>>>> I found this in the archives:
>>>>> http://mail-archives.apache.org/mod_mbox/www-legal-
>>> discuss/200904.mbox/%3
>>>>> C4 D6E71C2-396A-4B02-AFA9-041EDD94F1CA@SUN.com%3E
>>>>>
>>>>> In particular:
>>>>>
>>>>> "If you want to continue to use VCL, I'd recommend asking NCSU  
>>>>> to make
>>>>> more obvious their donation to Apache and their intent to donate  
>>>>> not
>>>>> only the code but the name. This would allow us to claim  
>>>>> historic use
>>>>> of the name. If not, find another name."
>>>>>
>>>>> How do we donate the name?
>>>>>
>>>>> NCSU is taking efforts to make the donation more obvious at the  
>>>>> ncsu
>>>>> site.
>>>>>
>>>>> Thanks for any advice,
>>>>> Aaron
>>> - --
>>> - -------------------------------
>>> Josh Thompson
>>> Systems Programmer
>>> Virtual Computing Lab (VCL)
>>> North Carolina State University
>>>
>>> Josh_Thompson@ncsu.edu
>>> 919-515-5323
>>>
>>> my GPG/PGP key can be found at pgp.mit.edu
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>>> nQc36WzLTUwAfkXuu94sAoU=
>>> =3CVv
>>> -----END PGP SIGNATURE-----
>>>
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