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Date:      Wed, 18 Apr 2001 17:58:16 +0000 (GMT)
From:      Terry Lambert <tlambert@primenet.com>
To:        djohnson@acuson.com (David Johnson)
Cc:        jhb@FreeBSD.ORG (John Baldwin), freebsd-advocacy@FreeBSD.ORG
Subject:   Re: Windriver, Slackware and FreeBSD
Message-ID:  <200104181758.KAA17199@usr02.primenet.com>
In-Reply-To: <3ADDD05A.9F2BB640@acuson.com> from "David Johnson" at Apr 18, 2001 10:35:22 AM

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> But they do not need to buy BSDi in order to use FreeBSD. From my layman
> reading of the BSD license, you are not required to buy any company in
> order to use, distribute, modify or profit from FreeBSD. On the other
> hand, buying BSDi gives you rights to BSD/OS, which is not under the BSD
> license.
> 
> WindRiver spent a lot of words talking about why the BSD license allows
> them to use FreeBSD, but extremely few words on what that had to do with
> them buying BSDi.

Did you listen in on the conference call?

The only thing that was troubling to me was that, on the
conference call, Jordan once again defended not releasing
the FreeBSD trademark to the FreeBSD Foundation.

The defense was that there was legal muscle required to be
able to defend the trademark (and this was the same excuse
given for the non-transfer by Walnut Creek CDROM, and again
for the non-transfer by BSDI).

In its almost 10 year history, there has not been one incident
of the trademark being defended or needing defense against
misuse.

In addition, nothing prevents donation of legal services for
defense, should the need arise, and, in fact, such donations,
made to a 503C tax-exempt charity, like the FreeBSD Foundation,
would be tax dedutible for the company(s) or individual(s)
donating them.

Buying BSDI did give them control of the FreeBSD trademark;
this isn't to say that they will abuse this control in order
to keep FreeBSD from impinging on their embedded systems
market (a place where FreeBSD is more and more frequently used
to push past startup costs, and to get around OS inflexibilty
that comes with "one size fits all" binary only distributions).

If it came down to it, the FreeBSD project could survive much
better than Linux, in a similar situation, since so many of us
have full copies of the historical source repository, back to
day one, but it's possible that we would not be able to call
the resulting software "FreeBSD".


					Terry Lambert
					terry@lambert.org
---
Any opinions in this posting are my own and not those of my present
or previous employers.

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