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Re: Bug#265352: grub: Debian splash images for Grub



Raul Miller wrote:
> On Thu, Sep 23, 2004 at 12:06:53PM -0700, Josh Triplett wrote:
>>No, I don't believe it does.  The DFSG is not specific to
>>copyright-based restrictions, and the default restrictions on trademarks
>>seem to be too strict for Freedom, since they would restrict the use of
>>the logo.
> 
> Anyone can use the debian trademark in any field of endeavor.
> 
> That said, if the field of endeavor in question has to do with software,
> "debian" means "debian", and not "microsoft" or "novell".  Mind you, even
> microsoft and novell could use the debian trademark to refer to something
> they distribute, but it would have to be the right kind of stuff.
> 
> So... what is the DFSG restriction that's violated?

DFSG 6.

Suppose I wrote a license that granted all the standard rights to use,
copy, modify, and distribute, but that placed some non-free restriction
on commercial distributors.  That's non-free, just as it would be if I
prohibited commercial use entirely.

Similarly, if you restrict the types of use of the logo in a particular
field of endeavor, that's a non-free restriction, just as if you
prohibited the use of the logo entirely in that field of endeavor, or in
all fields of endeavor.

> For example, is the problem that the trademark can be published without
> the source code?

No; the problem is that the *work*, meaning the Debian logo, would be
non-free, because it would not grant all the rights required by the
DFSG.  Specifically, you could not take the logo and use it in any way
you choose, in any field of endeavor, including the field of software.

How the non-free license is enforced is irrelevant to the DFSG.

- Josh Triplett

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