[Zope-Annce] Zope Foundation Update

[Rob Page]

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