Xen Trademark Policy

Various sites have reported this morning on the update to the Xen trademark policy, which controls how organizations and companies may or may not use the Xen trademark.

I haven’t yet read the actual Xen Trademark Policy, but I have read what was posted of Citrix’s response to the updated policy. I’m sure it’s just me, but this response sure sounds like “We can use Xen in our product names, but no one else can.” Now tell me, how does this benefit the entire Xen community?

Don’t get me wrong; Xen AB—which I assume to be the legal entity responsible for protecting the Xen trademarks now that XenSource is owned by Citrix—has every right to protect the Xen trademark and Xen logo. There is absolutely no question about that. But shouldn’t trademark restrictions on an open source project apply equally to all organizations, commercial or non-commercial, that utilize that open source project? Why should any one organization, regardless of which organization it is, get preferential treatment?

By the way, all this is a moot point if I am wrong about the ownership of the Xen trademark. If Citrix owns the Xen trademark, which they very well might as a result of the purchase of XenSource, then I suppose they are free to impose whatever restrictions they see fit.

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Scott, good question. I’m not sure who exactly owns the Xen trademark either. If someone finds out or already knows, please let the rest of us know for sure. I can only assume that XenSource owned it and now Citrix through acquisition. Remember, XenSource had some stipulations on the Xen name as well if I am not mistaken. Wasn’t there something about Virtual Iron’s use of the Xen name because of developed code or something?

David,

I hadn’t heard anything about any problems with Virtual Iron and the Xen marks. I would like to know about the ownership of the Xen trademark. The idea of a commercial entity owning trademark rights to an open source project somehow seems counter-intuitive, but I suppose it’s probably just me.

Scott, David, I blogged about this yesterday as well: http://virtualizationreview.com/blogs/weblog.aspx?blog=2222

My impression is that Citrix ultimately has complete ownership of the Xen moniker. Yeah, Xen.org is autonomous, but the Web site is owned by Citrix. I’d be willing to bet they could add whatever conditions they wanted (not that they would — Citrix emphasizes at every opportunity that it doesn’t interfere with Xen (not XenServer, of course, or XenApp, XenDesktop, etc.)) That doesn’t mean Citrix could not — just that it chooses not to.

Re: the Virtual Iron brouhaha, I asked Simon Crosby about this awhile ago. He said that at one time VI was in violation of the trademark because of changes to the base hypervisor, but has since come into compliance, and is now in good standing with Xen (open source Xen, that is).

Keith,

Thanks for the update. I appreciate it! (And I enjoyed your blog post, too!)