[Discuss] Envienta

Marcin Jakubowski marcin at opensourceecology.org
Mon Feb 29 19:38:07 UTC 2016


Thanks for the feedback. I will assume that Envienta is not operating
maliciously and request that they do not use Open Source Ecology - in good
faith, as team players.

The intent of OSE applying the Open Source Ecology trademark was to prevent
anyone from blatantly misusing the Open Source Ecology term - such as by
using Open Source Ecology to refer to projects that do not meet the open
source definition. Envienta appears to be using NC
which is not an open source pursuant to the open source definition.

This is fuzzy territory, because few people understand that Open Source has
a rigorous definition from OSI <https://opensource.org/osd-annotated> and
OSHWA <http://www.oshwa.org/definition/> that means beyond 'something

Perhaps the 'friendly reminder' could serve as a starting point of
discussion on these issues, and I'm sure many people will take the
discussion in good faith.


On Mon, Feb 29, 2016 at 1:17 PM, Catarina Mota <catarina at openmaterials.org>

> Hmm, this is tricky... I completely agree that saying something like "we
> develop open source ecology solutions" or something like that is absolutely
> fine. But here, Envieta is using "Open Source Ecology" on their logo (it's
> an integral part of it and it appears anywhere the logo appears). Also,
> when you google it, the search result is titled "Envieta | Open Source
> Ecology." It's not unreasonable to think that they are associated with OSE
> (the organization) and it's that kind of misunderstanding trademarks seek
> to avoid. TMs are supposed to protect both the reputation of the holder and
> of the users (so they know who exactly made that product).
> I'd try emailing them again and see if they respond (before resorting the
> C&D).
> On Mon, Feb 29, 2016 at 12:35 PM, Antoine C <
> smallwindturbineproj.contactor at gmail.com> wrote:
>> Hi Martin.
>> It seems Avienta uses "Open Source Ecology" sentence, as a byline
>> slogan, but not as a brand.
>> Their TM seems to apply to AVIENTA brand name, but to their byline slogan.
>> Blocking the term "opensource ecology" is a real problem: many people
>> will develop ecology activities which are opensource. Then, claiming
>> "opensource ecology" is natural. "OPENSOURCE ECOLOGY" maight have not
>> any supremacy on opensource ecology activities ...
>> From my point of view, your brand might not have any legal effect on
>> AVIENTA marketing presentation, as long as you decide to consider that
>> every body could claim they develop "opensource ecology" activities,
>> until they do not use it as a brand.
>> Maybe you could suggest them to sign "ecology activities under
>> opensource licence inside" or something like that ?
>> ... until they decide to block the usage of "ecology activities under
>> opensource licence inside" ... which will block again the usage for some
>> one else ...
>> The ultimate solution, will to liberate the brand "OPENSOURCE ECOLOGY",
>> and put it under GNU-GPL V3 licence, and to choose an other name with
>> less blocking effects ... but I imagine the revolution and the dilemma.
>> Not easy to solve ... hope everything will be solved with peace.
>> Freely,
>> Antoine C.
>> Le 28/02/2016 10:59, Marcin Jakubowski a écrit :
>> > Friends,
>> >
>> > Jae Sabol of One Community <http://onecommunityglobal.org/> pointed
>> this
>> > out to me some time ago a group called Envienta, who is using Open
>> Source
>> > Ecology as a prominent byline in their branding. I am the director of
>> Open
>> > Source Ecology and we have a trademark on Open Source Ecology. Jae
>> emailed
>> > them asking if they knew that we have a trademark on the name, but he
>> got
>> > no response - that was a few months ago. The association with Envienta
>> is
>> > not positive from the open source perspective - in that they do not
>> appear
>> > use an OSHWA compliant hardware license (they appear to be NC) - so we
>> > should probably give them a friendly reminder to not use our name. I am
>> > concerned about them diluting our brand, as they promote fake open
>> source,
>> > contrasted with our strong open source positioning such as the
>> Distributive
>> > Enterprise Business Case
>> > <
>> https://www.facebook.com/OpenSourceEcology/photos/a.10151381815921562.574965.66469461561/10154627270176562/?type=3&theater
>> >
>> > .
>> >
>> > Does anyone have any suggestions how to handle this?
>> >
>> > Marcin
>> >
>> >
>> >
>> > _______________________________________________
>> > discuss mailing list
>> > discuss at lists.oshwa.org
>> > http://lists.oshwa.org/listinfo/discuss
>> >
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Marcin Jakubowski, Ph.D.
Executive Director
Open Source Ecology
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