On June 15 1999 ZDNet broke the news that OSI’s application for
an “Open Source” trademark had lapsed, anticipating the public
statement OSI had planned to make following its board meeting on 17
June. Subsequently, many people have expressed concern that the
phrase “Open Source” might be trademarked by some party hostile to
the open-source community.
That’s not likely, for the very reason the application was
permitted to lapse. We have discovered that there is virtually no
chance that the U.S. Patent and Trademark Office would register the
mark “open source”; the mark is too descriptive. Ironically, we
were partly a victim of our own success in bringing the `open
source’ concept into the mainstream.
So “Open Source” is not and cannot become a trademark. The
purposes for which OSI sought a trademark, however, are still
valid. We believe the open-source community gains much from the
existence of a recognizable brand name — one which certifies to
users that software is being distributed under the licensing model
best shown to produce high quality software. We believe that
software vendors will seek to use an appropriate certification mark
to signify that quality.
For this reason, the Open Source Initiative is announcing a new
certification mark, `OSI Certified’. When the Open Source
Initiative has approved the license under which a software product
is issued, the software’s provider is permitted by us to use the
OSI Certified certification mark for that open source software. The
details will be spelled out on OSI’s Web site shortly,
In all such decisions, OSI will seek (as it always has) to
advance the interests of the community we serve, and to promote the
winning combination of open standards, open source code and
independent peer review.
Because the phrase “open source” cannot be trademarked, we must
rely on market pressure to protect the concept from abuse. When you
see software that claims to be “open source,” look for the OSI
Certified mark as your assurance of compliance with acceptable
licensing standards.
If you don’t see the OSI Certified mark, please read the
vendor’s license for yourself to check that it is in conformance
with the Open Source Definition. Please encourage software
providers to obtain OSI’s certification and to use the OSI
Certified mark, and do not purchase software if it claims to be
`open source’ but does not meet the terms of the Open Source
Definition.
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(Issued by and for OSI, 16 Jun 1999. A copy of this announcement is
available on the OSI website at www.opensource.org.)
--
Eric S. Raymond
"As to the species of exercise, I advise the gun. While this gives
[only] moderate exercise to the body, it gives boldness, enterprise,
and independence to the mind. Games played with the ball and others
of that nature, are too violent for the body and stamp no character on
the mind. Let your gun, therefore, be the constant companion to your
walks."
-- Thomas Jefferson, writing to his teenaged nephew.