On Mon, Jul 12, 2004 at 12:34:16AM -0400, Nathanael Nerode wrote: > Josh Triplett wrote: > > Now, quoting from the Apache license, version 1.1: > >> 4. The names "Apache" and "Apache Software Foundation" must > >> not be used to endorse or promote products derived from this > >> software without prior written permission. For written > >> permission, please contact apache@apache.org. > We've allowed this grudgingly, I guess; perhaps because "us[ing the names] > to endorse or promote" is a rather minimal category of things, normally > restricted under trademark law anyway, and only relating to advertising. > > I do not consider it necessarily DFSG-free, however, as it may prohibit > statements in advertising like "Apache-compatible", which are permitted by > trademark law. We really should contact the ASF and *ask* them if they intend this prohibition to go beyond trademark law and right of publicity. CCing apache@packages.debian.org for this purpose. > >> 5. Products derived from this software may not be called "Apache", > >> nor may "Apache" appear in their name, without prior written > >> permission of the Apache Software Foundation. > > This is certainly not DFSG-free and never has been. It's a major reason why > we got this changed in the Apache license 2.0. *sigh* Furthermore, Debian > is currently in violation of this clause, as is nearly every distributor. > This is more honored in the breach than in the observance. Heh. Since ASL 2.0 has changed this, maybe we can ask the ASF to grant a blanket waiver of this clause (much as UCB did with clause 4 of the BSD license[1])? > > This has the same restrictions as the above clause of the APSL. So if > > the Apache license, version 1.1, is considered DFSG-free, > Which it isn't. > > > then so should this clause of the APSL. I concur with this analysis. [1] ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change -- G. Branden Robinson | Religion is excellent stuff for Debian GNU/Linux | keeping common people quiet. branden@debian.org | -- Napoleon Bonaparte http://people.debian.org/~branden/ |
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