Sorry to revive this, but it seemed unsettled. Josh Triplett wrote: > *sigh*. First of all, this was an analogy, from restrictions placed on > commercial distributors to other restrictions placed on other fields of > endeavor. The intent was not to state that the proposed logo license > restricts commercial distributors in some way (which it doesn't), but > that it places a restriction on anyone in the domain in which Debian > hold its trademarks, that restriction being that they cannot use > unmodified or insufficiently-modified versions except to refer to Debian.
Well, that's a misdrafting then. People should be able to use unmodified or insufficiently-modified versions in artwork as well. They should not be allowed to use them to refer to something in the same field which is not Debian. Thomas Bushnell got it right when he said that we want to prohibit other people from using the Debian logo as the logo for something else. That *is* misattribution. I believed that that was the basic rule which trademark law imposed, and that therefore no trademark license was actually necessary. Am I mistaken? If not, surely we can write a license which allows everything except that one thing? > Second, I disagree with what you are attempting to imply with your use > of the terms "honest" and "fraud"; I believe you are misconstruing those > terms to mean "various things I don't think we should allow". I see no > reason to distinguish the proposed license terms from terms like "you > may not use this software as a basis for competing software, or to run a > competing website". Because it *is* different. It's fundamentally an misattribution question. > Finally, I do not consider fraud to be a field of endeavor, and I do not > support fraudulent uses of the logo, which to me would include using the > logo to claim endorsement or affiliation, removing legal notices, > misrepresenting the origins of the logo, or similar issues, most of > which are prohibited regardless of whether the license explicitly does > so. ...or using the logo to refer to a computer item other than Debian, causing deliberate confusion. Which is what is protected by trademark. > This does not include simply using the logo for non-"referring to > Debian" purposes. Quite right. -- This space intentionally left blank. -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
