* Valentino Giudice <valentino.giudice96@gmail.com> [2022-03-14 05:02]:
Thus the software is "open source" but it is not free software.
No, it is absolutely not.
The founders of the open source movement, the Open Source Initiative,
Debian (which also uses the term "open source"), many software communities
and even several government agencies all mean the same thing by "open
source" (with disagreements on licenses that are on the very boundary of
that category) and software like that is absolutely *NOT* open
source.
That is what you say, though objectively, legally and protectively, it
is not the reality.
The term "open source" is used in vague manner all over the world in
various applications including those which are not software. And by my
previous example it is used in case of proprietary software.
Surely I know what you mean, as I follow it since 1999.
The attempt by Open Source Initiative (https://opensource.org/osd) to
remain or be "in authority" over "what is Open Source" has long been
dilluted and disintegrated. You or other people with limited knowledge
about usage of the term "open source" may argue how is this or that,
though when a trademark "open source" is registered for guns or wine
making, then it is objectively and legally not only that what you wish
and want it to be.
Trademark Electronic Search System (TESS)
https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:vpqtar.2.14
DESCRIPTION: Goods and Services IC 013. US 002 009. G & S: Component
parts for guns; Muzzle brakes that screw onto a rifle barrel; Muzzle
compensators; Noise suppressors for guns
Trademark Electronic Search System (TESS)
https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:vpqtar.2.35
DESCRIPTION: Owner (REGISTRANT) The Winemakers Co-Op Inc. CORPORATION
Trademark Electronic Search System (TESS)
https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:vpqtar.2.24
DESCRIPTION: Goods and Services IC 041. US 100 101 107. G & S: Judo
instruction
and if we speak of "Open Source Initiative" here is what they legally
have to say:
Trademark Electronic Search System (TESS)
https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:vpqtar.2.47
DESCRIPTION: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "OPEN SOURCE" APART
FROM THE MARK AS SHOWN
Various "Open Source" related trademarks
https://tmsearch.uspto.gov/bin/showfield?f=toc&state=4807%3Avpqtar.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=open+source&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query
After this very objective presentation that various "open source"
related trademarks are used for judo, guns, wine makers and what else
not, it becomes clear that numerous organizations and thus people and
groups of people will not agree with us here on what "open source"
means.
It also proves that "Open Source Initiative" could not protect the
trademark itself.
Trademark Electronic Search System (TESS)
https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:vpqtar.2.9
DESCRIPTION: Goods and Services IC 032. US 045 046 048. G & S: Smoothies;
Organic
fruit juice
Trademark Electronic Search System (TESS)
https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:vpqtar.2.7
DESCRIPTION: Goods and Services IC 045. US 100 101. G & S: Providing on-line
information in the field of spirituality, self-help, and personal
empowerment subject matters; Providing spiritual and philosophical
guidance in the field of personal growth, empowerment, and
enlightenment
Trademark Electronic Search System (TESS)
https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:vpqtar.2.17
DESCRIPTION: Goods and Services (ABANDONED) IC 025. US 022 039. G & S: Women's
clothing, namely, shirts, dresses, skirts, blouses; Bottoms as
clothing for men; Tops as clothing for men
Trademark Electronic Search System (TESS)
https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:vpqtar.2.18
DESCRIPTION: Goods and Services IC 041. US 100 101 107. G & S: Education
services,
namely, providing classes, seminars and workshops in the fields of
health, wellbeing and stress management, performance management,
behavior change, and health coaching
Trademark Electronic Search System (TESS)
https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:vpqtar.2.4
DESCRIPTION: Goods and Services IC 019. US 001 012 033 050. G & S: Hardwood
flooring; bamboo flooring; laminate flooring; waterproof laminate
flooring; vinyl flooring; waterproof vinyl flooring; vinyl floor
tiles; luxury vinyl floor tiles; stone polymer composite (SPC)
flooring; stone polymer composite (SPC) floor tiles; vinyl flooring,
vinyl floor tiles and luxury vinyl floor tiles containing a stone
polymer composite (SPC) core; flooring underlayments
Thus legally and protectively "Open Source" as term is used for
everything and anything and there is nothing we can do about it.
In GNU project we do not use "Open Source" or "Open" when referring to
"Free Software":
Open
https://www.gnu.org/philosophy/words-to-avoid.html#Open
“Open”
Please avoid using the term “open” or “open source” as a substitute
for “free software.” Those terms refer to a different set of views
based on different values. The free software movement campaigns for
your freedom in your computing, as a matter of justice. The open
source non-movement does not campaign for anything in this way.
When referring to the open source views, it's correct to use that
name, but please do not use that term when talking about us, our
software, or our views—that leads people to suppose our views are
similar to theirs.
Instead of open source, we say, free software or free (libre) software.