Re: Logo trademark license vs. copyright license

2007-04-24 Thread Michelle Konzack
Hello Steve and *, Am 2007-04-18 03:39:58, schrieb Steve Langasek: Er, businesses selling t-shirts using the official debian logo is *not* permitted. Currently, the manner in which this is being disallowed is suboptimal, but it's still not something that we *permit*. (Perhaps what you're

Re: Logo trademark license vs. copyright license

2007-04-24 Thread Steve Langasek
On Tue, Apr 24, 2007 at 04:43:26PM +0200, Michelle Konzack wrote: Am 2007-04-18 03:39:58, schrieb Steve Langasek: Er, businesses selling t-shirts using the official debian logo is *not* permitted. Currently, the manner in which this is being disallowed is suboptimal, but it's still not

Re: Logo trademark license vs. copyright license

2007-04-23 Thread MJ Ray
Steve Langasek [EMAIL PROTECTED] wrote: On Thu, Apr 19, 2007 at 07:02:11PM +0100, MJ Ray wrote: Firstly, much of this thread seems to be taken up by people saying that the project can't disallow things which we don't think reflect badly on debian but other people generally do. Why is this

Re: Logo trademark license vs. copyright license

2007-04-19 Thread MJ Ray
Steve Langasek [EMAIL PROTECTED] wrote: [...] Further, it's up to *Debian* to decide what uses of the logo reflect badly on it and consequently should be disallowed because we don't wish to be associated with them. Your above statement includes an implicit value judgement about which sorts of

Re: Logo trademark license vs. copyright license

2007-04-19 Thread Steve Langasek
On Thu, Apr 19, 2007 at 07:02:11PM +0100, MJ Ray wrote: Steve Langasek [EMAIL PROTECTED] wrote: [...] Further, it's up to *Debian* to decide what uses of the logo reflect badly on it and consequently should be disallowed because we don't wish to be associated with them. Your above

Re: Logo trademark license vs. copyright license

2007-04-18 Thread Arnoud Engelfriet
Francesco Poli wrote: On Tue, 17 Apr 2007 21:41:45 +0200 Arnoud Engelfriet wrote: Yes, these are vague criteria but that is to a certain extent inherent in trademark law. You don't know what people will do and how that can affect your trademark. Wait, the Debian Project should clarify

Re: Logo trademark license vs. copyright license

2007-04-18 Thread Steve Langasek
On Sat, Apr 14, 2007 at 06:26:01PM -0400, Nathanael Nerode wrote: Actually, I believe we specifically want to authorize diminishing the distinctiveness or harming the reputation. Trademark dilution and trademark libel suits are not appropriate for free software, if they are ever appropriate.

Re: Logo trademark license vs. copyright license

2007-04-18 Thread MJ Ray
Steve Langasek [EMAIL PROTECTED] wrote: Hrm, there is a difference between *referencing* a trademark when criticizing the holder, and *using* the mark, in trade, in a way that reflects badly on Debian. [...] Two data points: SJVN's use of the debian trademark when criticising the

Re: Logo trademark license vs. copyright license

2007-04-18 Thread Steve Langasek
On Wed, Apr 18, 2007 at 11:26:11AM +0100, MJ Ray wrote: Steve Langasek [EMAIL PROTECTED] wrote: Hrm, there is a difference between *referencing* a trademark when criticizing the holder, and *using* the mark, in trade, in a way that reflects badly on Debian. [...] Two data points:

Re: Logo trademark license vs. copyright license

2007-04-18 Thread Francesco Poli
On Wed, 18 Apr 2007 08:05:36 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: On Tue, 17 Apr 2007 21:41:45 +0200 Arnoud Engelfriet wrote: Yes, these are vague criteria but that is to a certain extent inherent in trademark law. You don't know what people will do and how that can

Re: Logo trademark license vs. copyright license

2007-04-18 Thread Joe Smith
Francesco Poli [EMAIL PROTECTED] wrote in message news:[EMAIL PROTECTED] I don't know if Debian logos are actually *registered* marks. In the US: The word Debian is a regestered trademark of SPI. Or more accurately, the word Debian is a trademark registered by SPI on behalf of the Debian

Re: Logo trademark license vs. copyright license

2007-04-18 Thread Arnoud Engelfriet
Francesco Poli wrote: On Wed, 18 Apr 2007 08:05:36 +0200 Arnoud Engelfriet wrote: Ok, then I would suggest moving that out of the first sentence and into a new paragraph. The above exception only applies for the situations described in Exhibit Z. Then you can write an Exhibit Z for your

Re: Logo trademark license vs. copyright license

2007-04-18 Thread Francesco Poli
On Wed, 18 Apr 2007 20:19:19 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: On Wed, 18 Apr 2007 08:05:36 +0200 Arnoud Engelfriet wrote: Ok, then I would suggest moving that out of the first sentence and into a new paragraph. The above exception only applies for the situations

Re: Logo trademark license vs. copyright license

2007-04-18 Thread Arnoud Engelfriet
Francesco Poli wrote: On Wed, 18 Apr 2007 20:19:19 +0200 Arnoud Engelfriet wrote: The mere fact that I use the name and logo of the project can't be reason enough to assume affiliation or association. Mmmh, the Debian Official Use Logo implies endorsement by the Debian Project. Yes,

Re: Logo trademark license vs. copyright license

2007-04-18 Thread Francesco Poli
On Thu, 19 Apr 2007 00:11:57 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: [...] To use them as long as there's no confusion going on. If a logo means endorsement, you cannot use it on non endorsed products. If the license works like this, I cannot take the official logo and use

Re: Logo trademark license vs. copyright license

2007-04-17 Thread Arnoud Engelfriet
Francesco Poli wrote: On Mon, 16 Apr 2007 22:41:49 +0200 Arnoud Engelfriet wrote: Why would you do that? Because there can be more than one logo with different meanings. As you know, the Debian Project has currently two logos[1]: I understand that. But I think it is sufficient if you

Re: Logo trademark license vs. copyright license

2007-04-17 Thread MJ Ray
Arnoud Engelfriet [EMAIL PROTECTED] wrote: I also don't see a need to indicate a field for the mark when you license people to do anything with the mark. So maybe you should just omit the entire Z thing. How about to avoid accidentally licensing a second mark in a different field which looks

Re: Logo trademark license vs. copyright license

2007-04-17 Thread Arnoud Engelfriet
MJ Ray wrote: Arnoud Engelfriet [EMAIL PROTECTED] wrote: I also don't see a need to indicate a field for the mark when you license people to do anything with the mark. So maybe you should just omit the entire Z thing. How about to avoid accidentally licensing a second mark in a different

Re: Logo trademark license vs. copyright license

2007-04-17 Thread Francesco Poli
On Tue, 17 Apr 2007 09:09:11 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: On Mon, 16 Apr 2007 22:41:49 +0200 Arnoud Engelfriet wrote: Why would you do that? Because there can be more than one logo with different meanings. As you know, the Debian Project has currently two

Re: Logo trademark license vs. copyright license

2007-04-17 Thread Arnoud Engelfriet
Francesco Poli wrote: On Tue, 17 Apr 2007 09:09:11 +0200 Arnoud Engelfriet wrote: The sign X, registered as a trademark under number $NUM in $REGION,... I don't know if Debian logos are actually *registered* marks. Possibly, they are just unregistered trademarks... Does anybody know for

Re: Logo trademark license vs. copyright license

2007-04-17 Thread Anthony W. Youngman
In message [EMAIL PROTECTED], Arnoud Engelfriet [EMAIL PROTECTED] writes Francesco Poli wrote: On Tue, 17 Apr 2007 09:09:11 +0200 Arnoud Engelfriet wrote: The sign X, registered as a trademark under number $NUM in $REGION,... I don't know if Debian logos are actually *registered* marks.

Re: Logo trademark license vs. copyright license

2007-04-17 Thread Francesco Poli
On Tue, 17 Apr 2007 21:41:45 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: [...] Anyway, how do you propose to keep the current role distinction between the two logos? TINLA but I don't think that is necessary. Since the license is do whatever you want as long as it doesn't

Re: Logo trademark license vs. copyright license

2007-04-16 Thread Arnoud Engelfriet
Francesco Poli wrote: On Sun, 15 Apr 2007 21:24:00 +0200 Arnoud Engelfriet wrote: The sign [X] (hereafter the Mark) is a trademark, rights to which are held by [Y], representing [Z] if applicable (hereafter the Mark Holder). Wait, the Mark Holder would be [Y], I think. I thought you

Re: Logo trademark license vs. copyright license

2007-04-16 Thread Francesco Poli
On Mon, 16 Apr 2007 09:57:33 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: On Sun, 15 Apr 2007 21:24:00 +0200 Arnoud Engelfriet wrote: The sign [X] (hereafter the Mark) is a trademark, rights to which are held by [Y], representing [Z] if applicable (hereafter the Mark Holder).

Re: Logo trademark license vs. copyright license

2007-04-16 Thread Arnoud Engelfriet
Francesco Poli wrote: On Mon, 16 Apr 2007 09:57:33 +0200 Arnoud Engelfriet wrote: I thought you used Y and Z for cases where Y is licensing Z's trademark (if Y is Z's subsidiary or authorized licensee for example). Then the trademark holder is Z but Y has certain rights to the mark. Err,

Re: Logo trademark license vs. copyright license

2007-04-16 Thread Francesco Poli
On Mon, 16 Apr 2007 22:41:49 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: On Mon, 16 Apr 2007 09:57:33 +0200 Arnoud Engelfriet wrote: I thought you used Y and Z for cases where Y is licensing Z's trademark (if Y is Z's subsidiary or authorized licensee for example). Then the

Re: Logo trademark license vs. copyright license

2007-04-15 Thread Arnoud Engelfriet
Francesco Poli wrote: On Sat, 14 Apr 2007 20:29:09 +0200 Arnoud Engelfriet wrote: Your argument is that the trademark holder will win, because the licensee exceeded the trademark license. I am afraid someone will argue that the copyright license (from the same entity) should count for

Re: Logo trademark license vs. copyright license

2007-04-15 Thread Francesco Poli
On Sun, 15 Apr 2007 11:41:21 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: On Sat, 14 Apr 2007 20:29:09 +0200 Arnoud Engelfriet wrote: Your argument is that the trademark holder will win, because the licensee exceeded the trademark license. I am afraid someone will argue that

Re: Logo trademark license vs. copyright license

2007-04-15 Thread Arnoud Engelfriet
Francesco Poli wrote: As I understand it, the current proposed wording is: | The work [X] is a trademark, held by [Y], representing [Z]. The sign [X] (hereafter the Mark) is a trademark, rights to which are held by [Y], representing [Z] if applicable (hereafter the Mark Holder). The word

Re: Logo trademark license vs. copyright license

2007-04-15 Thread Francesco Poli
On Sun, 15 Apr 2007 21:24:00 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: As I understand it, the current proposed wording is: | The work [X] is a trademark, held by [Y], representing [Z]. The sign [X] (hereafter the Mark) is a trademark, rights to which are held by [Y],

Re: Logo trademark license vs. copyright license

2007-04-14 Thread Arnoud Engelfriet
Francesco Poli wrote: On Fri, 13 Apr 2007 22:28:15 +0200 Arnoud Engelfriet wrote: If the Mark qualifies as an original work of authorship under copyright law, then the above license includes the right to use, copy, modify, merge, publish, distribute and sell the Mark or any derivative

Re: Logo trademark license vs. copyright license

2007-04-14 Thread Francesco Poli
On Sat, 14 Apr 2007 10:30:15 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: [...] we are trying to write a good *trademark* license; I would not complicate things further by trying to write a trademark *and copyright* license. I would rather avoid mixing those two areas of law.

Re: Logo trademark license vs. copyright license

2007-04-14 Thread Arnoud Engelfriet
Francesco Poli wrote: What I am proposing is just licensing under both laws, but with two separate grants of permissions: a copyright license (Expat) and a trademark license (the one we are trying to write). I understand that. It's certainly possible. But what happens if someone stays within

Re: Logo trademark license vs. copyright license

2007-04-14 Thread Nathanael Nerode
-BEGIN PGP SIGNED MESSAGE- Hash: SHA1 Arnoud Engelfriet wrote: Nathanael Nerode wrote: The trademark holder hereby grants permission to any person to use the trademark (and derivative marks) in any way except one: you may not use it to falsely represent something else as being the

Re: Logo trademark license vs. copyright license

2007-04-14 Thread Ben Finney
Arnoud Engelfriet [EMAIL PROTECTED] writes: Francesco Poli wrote: What I am proposing is just licensing under both laws, but with two separate grants of permissions: a copyright license (Expat) and a trademark license (the one we are trying to write). I understand that. It's certainly

Re: Logo trademark license vs. copyright license

2007-04-14 Thread Arnoud Engelfriet
Ben Finney wrote: Arnoud Engelfriet [EMAIL PROTECTED] writes: I understand that. It's certainly possible. But what happens if someone stays within the bounds of the copyright license, and strays outside the bounds of the trademark license? Which one wins? As a copyright holder *and*

Re: Logo trademark license vs. copyright license

2007-04-14 Thread Francesco Poli
On Sat, 14 Apr 2007 20:29:09 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: What I am proposing is just licensing under both laws, but with two separate grants of permissions: a copyright license (Expat) and a trademark license (the one we are trying to write). I understand that.

Re: Logo trademark license vs. copyright license

2007-04-13 Thread Arnoud Engelfriet
Francesco Poli wrote: On Thu, 12 Apr 2007 13:06:39 +0200 Arnoud Engelfriet wrote: Your use of the trademark may not create a sense of endorsement, sponsorship, or false association with the trademark holder. Your use of the trademark may not diminish the distinctiveness of the

Re: Logo trademark license vs. copyright license

2007-04-13 Thread Francesco Poli
On Fri, 13 Apr 2007 08:54:47 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: [...] Anyway, I have a question: does the latter (may not [...] harm the reputation of the trademark holder) prevent me from stating Debian GNU/Linux sucks badly Good point. I would say no, as long as

Re: Logo trademark license vs. copyright license

2007-04-13 Thread Arnoud Engelfriet
Francesco Poli wrote: How would the revised wording look like? Basically, you need to forbid people from doing things with the mark that create confusion or that make it look like these things are endorsed by the Debian Project (or SPI?). I could imagine something like this would be a good

Re: Logo trademark license vs. copyright license

2007-04-13 Thread Francesco Poli
On Fri, 13 Apr 2007 22:28:15 +0200 Arnoud Engelfriet wrote: Francesco Poli wrote: How would the revised wording look like? Basically, you need to forbid people from doing things with the mark that create confusion or that make it look like these things are endorsed by the Debian Project

Re: Logo trademark license vs. copyright license

2007-04-12 Thread Arnoud Engelfriet
Nathanael Nerode wrote: The trademark holder hereby grants permission to any person to use the trademark (and derivative marks) in any way except one: you may not use it to falsely represent something else as being the thing represented by the trademark. This permission should be

Re: Logo trademark license vs. copyright license

2007-04-12 Thread Francesco Poli
On Wed, 11 Apr 2007 20:46:31 -0400 Nathanael Nerode wrote: Yeargh. I'm sorry I wasn't paying attention in February and didn't see that Wiki page. Better late than never! ;-) Look, we know what we want to do. (1) License the *copyright* freely as usual. (2) Restrict the *trademark*

Re: Logo trademark license vs. copyright license

2007-04-12 Thread Francesco Poli
On Thu, 12 Apr 2007 13:06:39 +0200 Arnoud Engelfriet wrote: [...] Your use of the trademark may not create a sense of endorsement, sponsorship, or false association with the trademark holder. Your use of the trademark may not diminish the distinctiveness of the trademark or harm the

Logo trademark license vs. copyright license

2007-04-11 Thread Nathanael Nerode
Yeargh. I'm sorry I wasn't paying attention in February and didn't see that Wiki page. Look, we know what we want to do. (1) License the *copyright* freely as usual. (2) Restrict the *trademark* with traditional trademark restrictions only: it may not be used for deliberate palming off, but