Foundation Update ---------------- This note updates progress on forming of the Zope Foundation. To remain transparent as possible, we are communicating in as timely a manner as possible. First, we have contacted the Software Freedom Law Center (SFLC) which specializes in the formation and maintenance of the legal structures that support open source software. From our first conference call with our primary POC there (who also helped with the Plone Foundation), we took away some homework items including: (1) draft trademark license agreement between Zope Corporation and the Zope Foundation (2) draft/initial set of ByLaws and related formation documents that capture the spirit of what we've been discussing for a while now (i.e., Eclipse Foundation-inspired membership and Apache Software Foundation-inspired operations). We have made progress on (2) but stopped when we discovered a trademark violation that needs to be addressed before Zope Corporation can properly license the trademarks to the Zope Foundation. During my stay at EuroPython I learned that eighteen months ago (and without Zope Corporation's knowledge or consent) Zope Europe Association (ZEA) registered a trademark consisting of the Cirlce-Z (the stylized Z surrounded by a circle) followed by the word ZOPE (hereinafter "Circle-Z-Zope"). The mark they registered is identical to the corporate logo used by Zope Corporation. In the three weeks since learning of ZEA's illegitimate registration of our marks we have tried diligently (but unsuccessfully) to get ZEA to unconditionally transfer the rights of the registration. We have offered to reimburse the registration fees paid by the ZEA to the WIPO (World Intellectual Property Organization) in order to facilitate the transfer. We have further offered to preserve their license to use the Zope mark in the conduct of their business as an association of Zope companies. ZEA's registration represents an abuse of registration and management of international trademarks and the misappropriation of a mark that is clearly the property of Zope Corporation. We are sorely disappointed that ZEA is unwilling to transfer the marks quickly and quietly so that we can proceed swiftly toward the formation of the Zope Foundation. We know that the establishment of a fair trademark license for the entire Zope community is an _essential_ component of the Zope Foundation. It is possible that we will come to a conclusion with the ZEA prior to the conclusion of a trademark dispute process. However, as a result (and unfortunately), until this matter is resolved using the established legal/trademark management processes, we are not able to proceed with the Zope Foundation. We will keep the community updated as milestones are reached, so that you know what the new target dates are for the formation of the Foundation at the same time that we do. We recognize that there are lingering questions about the trademark and our management thereof. We have captured our position on these marks in an open letter to the Zope Community. You can find this letter at: o http://www.zope.com/about_us/legal/ ZopeCorpTrademarkManagement_OpenLetter.html As an aside, the ZEA has also registered the Plone logo as a trademark. It is not our business, but came as a surprise to us, that the Plone Foundation is not the owner of the Plone trademark. -- Rob Page V: 540 361 1710 Zope Corporation F: 703 995 0412