Can you sue an open source project?

Open source licenses often elicit passionate support in the open source community. A mere member of the public can’t sue to enforce an open source license. Intellectual property laws narrowly limit standing. Only the owner of a copyright or patent may sue to enforce the copy- right or patent.

Is it illegal to use a trademarked name?

Stated briefly, trademark law makes it unlawful for a business to use a trademark (e.g., a slogan, a logo, a name) in connection with a good or service if that use is confusingly similar to another business’s use of a trademark.

Does open source have copyright?

By default, when you contribute source code to an open source project, you are agreeing to license the code under the terms of that project, but you still retain the copyright. Thus the fact that the copyright has been assigned to an individual entity does not make the code any less open.

Who owns an open source project?

Open-source software (OSS) is computer software that is released under a license in which the copyright holder grants users the rights to use, study, change, and distribute the software and its source code to anyone and for any purpose. Open-source software may be developed in a collaborative public manner.

What is trademark infringement examples?

One common example of trademark infringement is where clothing manufacturers attach brand labels to generic items, attempting to have them “pass off” as authentic. Trademark infringement violations are very serious and are often involve aspects of deceptive trade practices.

Can I sue someone for using my trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

Who coined the term open source software?

The term “open source” was coined by Christine Peterson and adopted in 1998 by the founders of the Open Source Initiative.

Do you have to distribute open source software under the same license?

In particular, copyleft -style Open Source licenses require that, in at least some cases, when you distribute the software, you must do so under the same license you received it under. Can I restrict how people use an Open Source licensed program?

Can open source software be used for commercial purposes?

All Open Source software can be used for commercial purpose; the Open Source Definition guarantees this. You can even sell Open Source software. However, note that commercial is not the same as proprietary.

Do open source licenses discriminate against fields of endeavor?

Open source licenses do not discriminate against fields of endeavor. Can I stop “evil people” from using my program? No. The Open Source Definition specifies that Open Source licenses may not discriminate against persons or groups. Giving everyone freedom means giving evil people freedom, too.