Resolution 1998-12-01.iwj.1: Open Source Trademark

December 1st, 1998

  1. Whereas some former member(s) of the Board of Software in the Public Interest, Inc. ('SPI') have expressed intention to assign to third parties or other organisations trademarks, owned by the corporation, without due authorisation, process or consultation; and

  2. Whereas, although those former board member(s) are aware of the lack of authorisation, it would be wise to put this awareness on a formal footing; and

  3. Whereas some former board member(s) are believed to be in the possession of papers relating to trademarks owned by the corporation; and

  4. Whereas the Board believes that the status quo should be preserved until a determination of the intended future of the Open Source trademark is reached by the Board; and

  5. Whereas the Board wishes to set the affairs of the corporation in order, and to ensure that it is aware of the status of the corporation's trademarks;

The board hereby resolves and declares that

  1. Bruce Perens, Ian Murdock and Timothy Sailer ('the Former Board Members') have not been authorised, and remain not authorised, to carry out any assignment of the 'Open Source' trademark, USPTO number 75-439502, unless specifically directed by a future resolution of the SPI Board.

  2. The Former Board Members are requested and required to list and describe all documents they possess, which came into their possession because of their then status as officers of SPI, which relate to the application for and ownership of the Open Source trademark, and any other trademark(s), belonging to SPI.

  3. The Former Board Members are requested and required to describe in detail any conversation, correspondence or notification any of them have taken part in, sent, received, and/or dealt with, since the 1st of October 1998, purportedly in their capacity as officers or ex-officers of SPI or purportedly with any authority from SPI.

  4. The Former Board Members are requested and required to provide the above information by appropriately cryptographically signed electronic mail, and/or on paper to SPI's address (below) within fourteen days.

  5. SPI Board member(s) may request, on behalf of SPI, from the Former Board Members, such documents as are described above; the Former Board Member(s) are requested and required then to send the requested documents or copies thereof to SPI's address (below), within fourteen days of each such request.

  6. SPI's address for the purposes in this resolution is:

    Software in the Public Interest, Inc.
    PO Box 1326
    Boston, Ma. 02117