Hello Walter
I did not knew the history, so please dump my related points 1, 2, 3, and 4.
What I am wondering now is the fact that OLPC licensed its trademark
under the GPL, which from my point of view would mean that they have
given up its trademark rights already respectively it makes no sense
anymore to keep it in the trademark register because any other entity
could demand its deleting from the trademark register by referring to
this GPL licensing.
Best regards
Christian Stroetmann
Thank you for your synopsis. I think you make good points. However, I
think the situation is further complicated by the fact that OLPC
released Sugar Artwork under the GPL prior to the creation of Sugar
Labs. I defer to our lawyer at SFC, to sort through this on our behalf.
Regards.
Walter
On Sep 15, 2017 12:39 PM, "Christian Stroetmann"
<stroetm...@ontolab.com <mailto:stroetm...@ontolab.com>> wrote:
Hello Everybody
I followed the discussion about the OLPC logo with great interest.
Sadly to say, I was already running out of popcorn last month.
First of all, someone in this threat said the right things about
trademarks. I would like to add the following points:
1. The OLPC logo is a trademark and as long as Sugarlabs has no
written allowance to use it the alleged legal problem exists
indeed. But ...
3. OLPC has tolerated the use since 2006 and did not change its
position after OLPC and Sugarlabs departed. What is developing in
this case is a so-called customary right, which means that
Sugarlabs might already have the right to use the OLPC logo. I
would recommend that OLPC and Sugarlabs get together, pay the fee
together, and care for the trademark against misuse together.
2. Furthermore, one of the most important points when handling an
infringement of a trademark right is how the broad public (e.g.
65% of a representative group as accepted by a judge) interprets a
sign/logo/trademark and connects it to an entity (e.g. person,
organization, corporation) respectively is answering the question
if a confusion of the broad public between the trademark owner and
the trademark user does exist. The latter might be the case with
every logo that is an abstraction of the Vitruvian (see da Vinci)
in the case of the OLPC logo and an abstraction or clipart of a
foot in the case of the Gnome logo.
4. As far as I have noticed it, the OLPC logo is used as a
functional icon of the Graphical User Interface (GUI) and hence it
is covered by the GPL in an illegal way. Sugarlabs is not allowed
to impose any other license on signs/logos/trademarks that it does
not own, is not allowed explicitly to use in this way, or has no
copyright for.
5. I like the OX logo because it is a nice abstraction of the
Vitruvian and similar graphics. Nevertheless, an alternative logo
or this function that allows to select an individual logo by the
users might be interesting as well.
6. As far as I noticed, there are children on this mailing list,
too, and everybody should be an ideal for them when discussing and
solving problems. Somehow, this does not always work as it should
do. ;)
Best regards
Christian Stroetmann
Thank you Sebastian,
This debug was long time due. Now Sugar can be called "Libre" :D
I honestly didn't ever like the OLPC logo icon and the new feet
are very cute!
Regards
2017-09-15 10:08 GMT-05:00 Sebastian Silva
<sebast...@fuentelibre.org <mailto:sebast...@fuentelibre.org>>:
Hello Sugar friends,
I am assuming the responsibility of making a new release of
Sugar-Artwork package featuring the omission of a Trademarked
logo.
To avoid conflicts with incumbent parties, I have not
increased the version number, instead I have tagged the
release as 0.111-libre.
https://download.sugarlabs.org/sources/sucrose/glucose/sugar-artwork/sugar-artwork-0.111-libre.tar.xz
<https://download.sugarlabs.org/sources/sucrose/glucose/sugar-artwork/sugar-artwork-0.111-libre.tar.xz>
*This release comes with a stern warning to downstream
distributors and users, that the XO computer icon is
trademarked and, in the absence of a suitable (trademark)
license, it constitutes a risk to downstream developers and
deployments.*
Regards,
Sebastian
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*I&D SomosAZUCAR.Org*
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Happy Learning!
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