Ben Reser wrote:
On Wed, Dec 18, 2002 at 08:58:40AM +0000, Eric Fernandez wrote:Yes, but it is not so much esoteric : you may and have to mention the mandrake name if you use their GPL code. It is not the same thing than using their name to promote a product. If you put Mandrake's code in your GPL program, you may do so, and you need to say in the source that that part of code has been written by MDK. However, it is not allowed to advertise "Buy my incredible product, powered by Mandrakesoft MNF code" for example, just "Buy my incredible product, it is better than the others !" ;)
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.
Eric
