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Open-Source Movements Bicker Over Logo

Posted by samzenpus on from the you're-both-pretty dept.

colinneagle writes in with a story about open source organizations fighting over logos. "A gear logo proposed to represent and easily identify open-source hardware has caught the eyes of the The Open Source Initiative, which believes the logo infringes its trademark. The gear logo is backed by the Open Source Hardware Association (OSHWA), which was formally established earlier this year to promote hardware innovation and unite the fragmented community of hackers and do-it-yourselfers. The gear mark is now being increasingly used on boards and circuits to indicate that the hardware is open-source and designs can be openly shared and modified. OSI has now informed OSHWA, which is acting on behalf of the open-source hardware community, that the logo infringes on its trademark. The issue at stake is a keyhole at the bottom of the open-source hardware logo, which resembles a keyhole at the bottom of the OSI logo. The gear logo was created as part of the contest hosted by the group that founded OSHWA, and the mark was released by its designer under a Creative Commons license, opening it up for the community to use on hardware."

2 of 158 comments (clear)

  1. Re:Bickering? by tlhIngan · · Score: 5, Informative

    Open source groups bickering over something insignificant?

    It's not insignificant, it's trademark violation.

    You may think it's insignificant, but it's the same reason why there's Debian IceWeasel, and CentOS. The former to prevent confusion with the trademark of FireFox, the latter gets rid of all RedHat references. You see, trademark law is very clear on this - use it and defend it, or lose it.

    If CentOS slapped the RedHat logo everywhere, RedHat could find themselves with a logo so devalued to the courts that we can have Microsoft RedHat Windows, Apple OS X RedHat, etc. Ditto Firefox - there's the danger that well, Microsoft could rename Internet Explorer to FireFox with impunity.

    Same as this - the OSI and OSHWA could find their logos devalued as confusing, enabling everyone to slap the OSI label on stuff NOT open-source, or the gear logo on hardware NOT open-hardware (like say, a Windows 8 RT tablet).

    It's brand preservation and recognition. There are strict rules on how you use the logos spelled out in many agreements. They may be out in the open like many open-source projects (which usually boil down to you must be using that project from that branch - forking and reusing the logo is not allowed),

    The OSI may lose their logo in the end because the OSHWA inadvertently made it a bit too close and since both are used widely. (Even the OSHWA may lose it because their logo looks too close to the similar OSI one).

    All it would take is some company with deep pockets to start slapping the logos on everything they make and arguing that the logos mean nothing.

    It's why Apple, Jack Daniels, etc. send C&D letters to the most seemingly fleeting resemblances (though with very different tones - an Apple C&D is very lawyerly, while the Jack Daniels one is more friendly, but it's still a C&D).

  2. Facts From OSI by WebMink · · Score: 5, Informative

    I'm OSI's current president. Here are the facts that are missing from the OP:

    1. OSI has not sent any legal notice to OSHWA, does not want to and has no plans to do so.
    2. OSHWA approached OSI last year to ask about the relationship between the OSHW and OSI logos, which their internal discussion had identified as a problem.
    3. Since then, there has been an ongoing conversation between OSI & OSHWA. It's not been perfect, but everyone involved is a volunteer doing their best in a complicated situation.
    4. Last week OSHWA decided to consult its members/stakeholders about the matter before next steps with OSI.
    5. The template trademark agreement from OSI that they published was not a proposal or demand, it was just an example document to assist them in making a proposal to OSI. It was requested by OSHWA prior to a meeting between OSI & OSHWA on June 29.
    6. The discussions are ongoing and it's unhelpful to treat this as a conflict; neither OSI's Board nor (as far as I have been told) OSHWA's board do.
    7. OSI is very keen indeed to devise an approach that brings maximum benefit to the whole open source community and which builds bridges to strengthen it.
    8. When OSHWA's data-gathering ends (August 16) OSI will be ready with a strong proposal that fixes things.