A bare trademark license is not allowed under trademark law. This license is the easiest way to lose the DotGNU service mark.
/Larry Rosen > -----Original Message----- > From: James Michael DuPont [mailto:[EMAIL PROTECTED] > Sent: Tuesday, August 05, 2003 11:22 PM > To: [EMAIL PROTECTED] > Cc: [EMAIL PROTECTED] > Subject: Fwd: [DotGNU]proposal: DotGNU Trademark License > > > Dear License discuss list, > I would be interested i hearing you opinon on this proposed > license that norbert has posted to the dotgnu developers list. Mike > > --- Norbert Bollow <[EMAIL PROTECTED]> wrote: > > From Norbert Bollow Tue Aug 5 12:17:30 2003 > > Subject: [DotGNU]proposal: DotGNU Trademark License > > > > A recent discussion with Stephen J. Turnbull has reminded > me that it > > is very important to create some legal protection for the > term "DotGNU > > Webservice". > > > > Provided that the FSF agrees to this idea, I'd like to include > > something like the following in the documentation that will > be part of > > the upcoming DotGNU 0.1 release: > > > > > > """ > > "DotGNU Webservice" Servicemark License > > > > Version 0.1-alpha1 > > > > Copyright 2003 Free Software Foundation, Inc. > > 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA > > > > Everyone is permitted to copy and distribute verbatim > copies of this > > license document, but changing it is not allowed. > > > > > > > > "GNU" is a registered trademark of the Free Software > Foundation, Inc. > > "DotGNU Webservice" is a servicemark of the Free Software > Foundation, > > Inc. > > > > TERMS AND CONDITIONS FOR USING THE "DotGNU Webservice" SERVICEMARK. > > > > 0. This License grants, to businesses which satisfy the > > conditions that are outlined in sections 1 and 2 below, > > permission to use the "DotGNU Webservice" servicemark > > in the context of their commercial activities. > > > > Activities which are not of commercial nature are outside the > > scope of this license; in particular there are no restrictions > > on using the term "DotGNU Webservice" outside the context of > > making a commercial service offering. > > > > Every business which fulfils the conditions that are outlined > > in sections 1 and 2 below may choose to accept this license, > > thereby > > becoming a licensee. Each licensee is addressed as "you". > > > > You are not required to accept this License, since you have not > > signed it. However, nothing else grants you permission to use the > > "DotGNU Webservice" servicemark in the context of making > commercial > > service offerings; that is prohibited by law if you do not accept > > this License. Therefore, by using the "DotGNU Webservice" > > servicemark in such a commercial context, you indicate your > > acceptance of this License to do so, and all its terms and > > conditions. > > > > > > 1. The "DotGNU Webservice" servicemark may only be used in > connection > > with services that satisfy DotGNU's definition of "webservices", > > namely the following two conditions must be satisfied: > > > > (a) Some functionality is provided, and in addition there is > > a description of this functionality, namely how the > > service should be used and what it provides. > > > > (b) The service is offered over a computer network (e.g. the > > internet or an intranet) via standard protocols, i.e. > > protocols > > that are open, widely published, and freely available for > > anyone > > to implement. > > > > If you provide a commercial service and use the "DotGNU > > Webservice" > > servicemark, you must in addition satisfy the following two > > conditions: > > > > (c) You must ensure that whenever the service is usable, > the owner > > of the data is able to download the data plus the program > > which > > acts on the data (the "webservice program") in an executable > > form which can be used with a version of the DGEE ("DotGNU > > Execution Environment") webservice server which has been > > released by the DotGNU Project of the Free Software > > Foundation. > > > > (d) You must provide your customers with a written offer, valid > > for > > at least three years, to give them upon request, at no extra > > charge, on a medium customarily used for software > interchange, > > licensed under the terms of the GNU General Public License, > > a complete machine-readable copy of the source code of the > > webservice program plus any compilers and libraries which are > > needed to translate the webservice program into executable > > form. > > > > The term "webservice program" in sections (c) and (d) > above refers > > to a computer program which can be used together with a > version of > > the DGEE ("DotGNU Execution Environment") webservice server to > > provide a webservice which is identical in functionality to the > > webservice which the customer has purchased from you. > > > > > > 2. Any violation of the conditions in section 1 will automatically > > terminate your rights under this License. You must not use the > > "DotGNU Webservice" servicemark if you have previously violated > > any > > of the conditions in section 1. > > > > """ > > > > Greetings, Norbert. > > > > -- > > Founder & Steering Committee member of > > http://gnu.org/projects/dotgnu/ > > Free Software Business Strategy Guide ---> > > http://FreeStrategy.info > > Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich, > > Switzerland) > > Tel +41 1 972 20 59 Fax +41 1 972 20 69 > > http://norbert.ch > > _______________________________________________ > > Developers mailing list > > [EMAIL PROTECTED] > > http://dotgnu.org/mailman/listinfo/developers > > > ===== > James Michael DuPont > http://introspector.sourceforge.net/ > > __________________________________ > Do you Yahoo!? > Yahoo! SiteBuilder - Free, easy-to-use web site design software > http://sitebuilder.yahoo.com > -- > license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3 > -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
