On Wed, Dec 18, 2002 at 08:58:40AM +0000, Eric Fernandez wrote:
> IMO : the code source is GPL, so you can use it, fork it sell it, etc.. 
> using the terms of the GPL, which are : you have to display the authors 
> of the program and clearly indicate the changes that you made. Now, what 
> Mandrakesoft prevents you is using the "Mandrakesoft" trademark as 
> advertisement or promotion to commercialise their product. This is not 
> the same thing : on one hand, the GPL ask you to make a notice of the 
> authors when you use their intellectual work, and this, Mandrakesoft 
> cannot prevent you to do it, because they would prevent you to fullfill 
> the terms of the GPL, thus they would break the GPL themselves. On the 
> other hand, the GPL does not grant you the right to use the reputation 
> of a trade mark. In this latter case, this is not the GPL which applies, 
> but the laws on trade marks.

It's an esoteric issue.  I can see interpretations of it in several
ways.  No matter what the interpretation is, Mandrake should publically
explain in very precise terms what they are asking of everyone.

-- 
Ben Reser <[EMAIL PROTECTED]>
http://ben.reser.org

"If you're not making any mistakes, you're flat out not trying hard
enough." - Jim Nichols

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