Can I use name of open source software in domain name?

by carlos123

Posted: 13 years ago 8 replies

INTERNET MARKETING

Hi,

I found an open source software which is up and coming and promises to get quite big but, which like most open source software, has less than stellar documentation.

I'd like to create my own documentation for it, put a restrictive copyright on it like book authors do, host it at my own site, and slap affiliate links all over it (like a good internet marketer LOL).

But I am wondering...can I use the name of the software in my domain name?

So for example let's say I thought I could do a better job of documenting the Apache web server (I can't but let's say).

I would want to register a domain by the name of apachedocumentation.com or betterapachedocumentation.com

Any downsides to this? Would I be infringing on a trademark or otherwise?

I won't hold anyone responsible for their input but I am curious and would like to hear anyone's thoughts on this.

Thanks.

Carlos

#domain #open #software #source

williampaul 13 years ago

actually that is a good idea.. just buy the domain..
- Thanks
- 1 reply
{{ DiscussionBoard.errors[3503254].message }}
- jacktackett 13 years ago
  
  Carlos,
  the ultimus answer to this should come from a lawyer.
  
  IANAL - and we really can't answer this question without some research. Remember that open source does not equal public domain. Some folks do trademark and copyright their open source projects and vigorously defend them. So you would have to do a trademark and copyright search to be sure.
  
  I've written many computer related books and most publishers have signed agreements with software vendors giving them permission for screen shots etc.
  
  If you are not going to pay a lawyer - I would at the very least find the main development team and do what we learned in school - ask permission.
  
  And before someone mentions "Fair Use" you really need to be careful there - the only person in the US that can declare something is fair use is a judge - not the copyright owner and not the person doing the writing.
  
  Good luck,
  --Jack
  
  Thanks
  
  Signature
  Let's get Tim the kidney he needs!HELP Tim
  Mega Monster WSO for KimW http://ow.ly/4JdHm
  
  {{ DiscussionBoard.errors[3503584].message }}
Will Edwards 13 years ago

Trademark is the thing you need to find out. If the product name is a Trademark, then you could lose the domain even if the product is in the public domain. Precedents have already been set in this respect.

Will
CAVEAT: This is not legal advice
- Thanks
{{ DiscussionBoard.errors[3503714].message }}
Pete Lauder 13 years ago

Hi Carlos, your best bet would be to ask Apache first.

Wordpress is an open source, but they retain a policy against URL's with their name in them, so do check first.

At the end of the day, they have more lawyers, and deeper pockets than most.

Pete
- Thanks
- 1 reply
Signature
UK Warriors don't miss this ƃuıʞuıɥʇ xoq ǝɥʇ ǝpısʇno
{{ DiscussionBoard.errors[3504160].message }}
- carlos123 13 years ago
  
  Thanks for the heads up you all.
  
  I will go ahead and ask the powers that be at the software's home.
  
  I was hesitant to ask them because it is likely that they would not want someone coming along and writing outstanding documentation for their software and making money from it when they themselves are probably not making a whole lot from the open source nature of their software (I could be wrong about that as they do have some aspects of their software that are charged for).
  
  There is a glaring need for better documentation based on my own experience of the software. I know that I can write outstanding documentation for it.
  
  A natural fit of course. Maybe I can convince the powers that be there that it would in their best interests to support my writing of such documentation by letting me use their software name in a domain.
  
  We'll see.
  
  Thanks again.
  
  Carlos
  
  Thanks
  
  {{ DiscussionBoard.errors[3507336].message }}
MoneyMonkey 13 years ago

I don't think they allow domain names, contact their support and ask them. That is the safest way for you or else you may be sued and you do not want that. These guys have millions of dollars and top lawyers team...
- Thanks
{{ DiscussionBoard.errors[3507371].message }}
AzzamS 13 years ago

joomla.co.uk is an independent domain name to joomla the open source CMS. We have the domain name wowjoomla and many others include the wording 'joomla' in their domain. The same has been applied for wordpress.

However if any of these go the route of trademark then there is the possibility that you would have to change although I know for sure that Joomla would not request it.

I had the friendfeed and twitter handle 'joomla' and got a polite email request to handover which I was happy to do.

One option is to get the domain now and then as an exit strategy get another domain name that will be a permanent redirect. promote the alternative domain also within your linking strategy.

You are allowing the alternative domain to mature in age as the first one, however non of this is necessary as the page-rank, back links and consequently ranking will divert to the new domain with a permanent redirect even if you register a new one at a specific time.

However unsure how this will affect an affiliate link as this will depend if the affiliate links are associated with the domain name i.e. www.affiliateID.domainname.com
- Thanks
- 1 reply
Signature
Download 101 Actions for a Complete Website SEO Technical Audit Sample FREE today and charge clients $$$ with it.
SEO Case Study: 1.7M Visitors from 27,000 Keywords Click here to read the post .
{{ DiscussionBoard.errors[3507381].message }}
- carlos123 13 years ago
  
  Yipee!
  
  I just received official permission (by email) to use their software's name in a domain name.
  
  And an encouragement to even upload some content to their how-to section to produce some traffic for my revised and better documentation!
  
  How do you like that?!
  
  Sweet.
  
  I checked the Google Keyword Tool for the name of this software and it's up substantially in searches with as yet, little competition, even though it appears to be a very well done piece of software with great potential.
  
  Anyway I will be looking at domains and will potentially start writing better documentation for it and monetizing it somehow.
  
  Thanks for your input you all.
  
  Carlos
  
  Thanks
  
  {{ DiscussionBoard.errors[3513795].message }}