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Bit of a hot bed this one.
Yes, people still use Nessus 2.
Yes, business may prefer to use Nessus 3.
Nessus is a plugin engine really, Nessus 2 architecture won't change supposedly (though someone could fork the version 2 codebase into something else and change it).
It is an interesting position because Nessus 3 contained/contains GPL code, but they seem to think they have found a way around and it doesn't look like the custodians of the GPL are going after them.
I can only imagine they have all the copyright holders of the GPL code in agreement for the Nessus 3 codebase extending the 2 codebase. And IMO it is a good thing really, they should be allowed to reap some dividend from their efforts.
So, the plugins are going to be of interest - here I can only assume that a plugin can be separately licensed and it makes sense really there is a clear delimiter between plugin and engine codebase by nature of design.
OpenVAS is a fork off the Nessus 2 codebase. Potentially version 2 could be extended by the trademark holder of Nessus 2 (which is distinct from the various copyright holders of Nessus 2 codebase). The trademark and the copyright are often synonymous whilst the product is being developed, generally the founder will get the trademark in a dispute.
The name itself can be copyrighted as well though it makes less sense than a trademark, when it comes to a small phrase as there is some lenience in copyright, trademark is designed for a phrase. They are distinct but if you are applying for a trademark where there is a copyright holder who is producing something under that name already they may have first dibs in the eyes of the law.
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