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Successful trademarks are more important than OS Licenses

Sunday, March 2, 2008 - 20:53 by Anonymous (not verified)

Mathew Aslett from 451 Group and Tim Bowden are making the case that selecting an open source license influences the commercial success of an open source proejct.   From Tim’s blog:

‘When it comes to takeovers and valuations, I think the role of GPL as a strategic weapon is often under appreciated.’

I would like to suggest an alternative, and more important, strategic weapn: trademarks.    MySQL was purchased for $1 billion because it is a very well known and successful trademark; how can you miss by being the ‘M’ in LAMP.  JBoss consistently protected their trademark and was purchased for $350 million by RedHat.   Sun knows the value of good trademarks and their protection of OpenSolaris is causing problems in that community.  However, there are also examples of non-gpl licensed project and companies: Sleepycat was purchased by Oracle, Zimbra by Yahoo, although still independent SpringSource is doing very well with their Apache licensed Spring project.

GPL is a fine license but is not the secret for success.  Having a well known, protected trademark is what really drives success.  Owning the trademark to a project allows that company to leverage it for profit; to the exclusion of others.

How do you develop a strong trademark?  Start with great technology and a development/support team that is passionate about building a community.  The choice of license is secondary.

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