[wayne]
The possibility that requiring every single user of qmail to get a
signed license from Microsoft is a reason for concern.
IANAL, but it is quite clear to me that the MS license requires nothing
of the sort:
"For clarification, this Agreement does not impose any obligation on You
to require the recipients of Your source code implementations of such
Licensed Implementations to accept this or any other Agreement with
Microsoft. Your End Users may use the Licensed Implementations licensed
in this section 2.2 or in section 2.1 that they receive directly or
indirectly from You without executing this Agreement. This Agreement
will be available to all parties without prejudice."
So, a qmail pactch consisting of source code containing the PRA is a
source code implementation. Creators of such soruce code implementations
will need to sign the MS license to include PRA, but *users* do not.
The trademark requirement for what is considered a "licensed
implementation" seems a bit onerous. But it says NOTHING about it being
a "registered trademark", and mentions no jurisdictional requirements.
So make up a brand name for your qmail patch, and you have a trademark.
All is right with the world.
From the USPTO Trademark FAQ:
Do I have to register my trademark?
No, but federal registration has several advantages, including
notice to the public of the registrant's claim of ownership of
the mark, a legal presumption of ownership nationwide, and the
exclusive right to use the mark on or in connection with the
goods or services set forth in the registration.
and
What are common law rights?
Federal registration is not required to establish rights in a
trademark. Common law rights arise from actual use of a mark.
Generally, the first to either use a mark in commerce or file
an intent to use application with the Patent and Trademark Office
has the ultimate right to use and registration. However, there
are many benefits of federal trademark registration.
--
Ryan