[Discuss] Envienta

Mon Feb 29 19:38:07 UTC 2016

Friends,

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
<http://opensourceecology.org/wiki/Why_OSE_Doesn%27t_Support_the_Use_of_Creative_Commons_Non-Commercial_Licenses>,
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
cool.'

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.

Marcin

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

> 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
>> >
>> _______________________________________________
>> discuss mailing list
>> discuss at lists.oshwa.org
>> http://lists.oshwa.org/listinfo/discuss
>>
>
>
> _______________________________________________
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>

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Executive Director
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