On Thu, May 14, 2020 at 12:38 PM Tom Callaway <[email protected]> wrote: > > In this case, this is a logo, which is also a trademark (though, not a > registered one as far as I can see). > > Since the software does not require the logo to be present (or to be more > specific, the software _license_ does not require this), and there are no > restrictions on distribution (only modification), it seems to me that this > logo presents no real risk or burden to our users or downstream. > Additionally, it is noteworthy that the Fedora logos (and other FOSS logos > such as the Firefox and Chromium logo) are part of Fedora with similar > restrictions on modifying them. Ideally, these restrictions would be > separated from the copyright licensing (as they would be more applicable as > trademark use guidelines), but the intent is clear. > > Assuming that Richard Fontana agrees, I would be inclined to clarify our > stance on permissible content (as found here: > https://fedoraproject.org/w/index.php?title=Packaging:What_Can_Be_Packaged) > to call out the following as another example of permissible content: > > * Logos/trademarks are permissible, as long as all of the following > conditions are met: > A. The logo/trademark files are distributed by the owner (or with the clear > and explicit permission of the owner) > B. The logo/trademark files are distributable by third-parties. > C. The logo/trademark files have a direct relationship to software under an > acceptable license that is present in Fedora (or about to be added at the > same time) > D. Any existing trademark guidelines/restrictions/rules on the > logos/trademarks do not prevent Fedora (or anyone) from fully exercising the > rights given them in the licensing on the associated software. > Permission to modify is not required for logos/trademarks, but their use must > NOT be contingent upon restrictions that would conflict with the license > terms of the associated software. Two examples: > 1. The associated software may require the removal or replacement of the > logos/trademarks if the software is modified. Removing/replacing the logos > does not prevent Fedora (or anyone) from fully exercising the rights given to > them in the FOSS software license. In this case, the software and the logos > would be permissible, but the logos may have to be removed/replaced if Fedora > (or anyone downstream) makes modifications to the software. Packagers in such > a situation should be especially careful. > 2. The software license cannot require the logos/trademarks to be used in the > software and simultaneously have trademark guidelines that only permit use on > unmodified versions of the software. In this scenario, neither the logos nor > the software would be permissible in Fedora. > If you're not sure if a logo/trademark is acceptable for inclusion, feel free > to bring the specific situation to the attention of Fedora Legal for review. > > **** > Under these criteria, the lua logo would be acceptable (as would the existing > Firefox/Chromium logos). > > Thoughts?
I agree with the overall direction of this. Some of the specific language could use further iteration. For example, I am not sure this needs to be broader than "logos" since only logo image files would be associated with a non-FOSS copyright license or other terms included in the software limiting permissions normally required of Fedora content. Richard > Tom > > On Thu, May 14, 2020 at 5:39 AM Miro Hrončok <[email protected]> wrote: >> >> Hello. I try to package a software that shows the Lua logo in it. >> >> https://bugzilla.redhat.com/show_bug.cgi?id=1834280 >> >> The logo's license is: >> >> Copyright © 1998 Lua.org. Graphic design by Alexandre Nakonechnyj. >> Permission is hereby granted, without written agreement and without license >> or >> royalty fees, to use, copy, and distribute this logo for any purpose, >> including >> commercial applications, subject to the following conditions: >> >> - The origin of this logo must not be misrepresented; you must not claim that >> you drew the original logo. >> - The only modification you can make is to adapt the orbiting text to your >> product name. >> - The logo can be used in any scale as long as the relative proportions of >> its >> elements are maintained. >> >> ---end--- >> >> Clearly, this does not allow modifications, but do we have some exceptions >> for >> branding? Or do I need to strip the logo out of the package? >> >> -- >> Miro Hrončok >> -- >> Phone: +420777974800 >> IRC: mhroncok >> _______________________________________________ >> legal mailing list -- [email protected] >> To unsubscribe send an email to [email protected] >> Fedora Code of Conduct: >> https://docs.fedoraproject.org/en-US/project/code-of-conduct/ >> List Guidelines: https://fedoraproject.org/wiki/Mailing_list_guidelines >> List Archives: >> https://lists.fedoraproject.org/archives/list/[email protected] > > _______________________________________________ > legal mailing list -- [email protected] > To unsubscribe send an email to [email protected] > Fedora Code of Conduct: > https://docs.fedoraproject.org/en-US/project/code-of-conduct/ > List Guidelines: https://fedoraproject.org/wiki/Mailing_list_guidelines > List Archives: > https://lists.fedoraproject.org/archives/list/[email protected] -- Richard Fontana Senior Commercial Counsel Red Hat, Inc. +1 212 689-4350 (mobile) _______________________________________________ legal mailing list -- [email protected] To unsubscribe send an email to [email protected] Fedora Code of Conduct: https://docs.fedoraproject.org/en-US/project/code-of-conduct/ List Guidelines: https://fedoraproject.org/wiki/Mailing_list_guidelines List Archives: https://lists.fedoraproject.org/archives/list/[email protected]
