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Logo trademark license vs. copyright license



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 may be used in any other 
way.  (So, crap like trademark "dilution" and "defamation" we do want to give 
permission to do.)

(3) Provide a model trademark license for upstreams to use.  :-)

Consensus is that traditional trademark restrictions are entirely compatible with 
free software, as they are entirely a matter of honesty.  Name change and 
attribution clauses, which we allow routinely, are *more restrictive* than the 
basic trademark restrictions.

If we explicitly permit the Open Use logo to be used to identify, oh, say, Red 
Hat Linux or Microsoft Windows, we are being idiots.  And frankly some of the 
proposed licensing might do exactly that: waive trademark rights entirely.  
(The MIT/Expat license unfortunately does not specify that it is a copyright 
license.)

We should set a good example, and that means retaining the trademark rights which
make sense for free software and disposing of the rest.

I think we actually have a strong case for a new license.  I've made some 
proposals on the Wiki page ProposedTrademarkPolicy.  Thinking further, I would 
propose this, though I don't like it perfectly (it's unclear thanks to being 
generic, unlike the ones on the Wiki page).  I really think we need a lawyer, 
but the trouble is we're charting uncharted waters here, so they probably don't 
know any more than we do.

Nathanael's Model Free Trademark License
----------------------------------------
The work [X] is a trademark, held by [Y], representing [Z].

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 interpreted broadly: any use which is not clearly deceptive 
is permitted.

The work is also subject to copyright, and is licensed under the copyright 
license below, but that is not a trademark license and should not be construed 
as one.
-------

Potential usage examples follow.  These are "paragraph one" descriptions, with 
the other two paragraphs identical to the above.

(1) Debian Open Use
The work called the "Debian Open Use Logo" is a trademark, held by SPI on 
behalf of the Debian Project, representing the Debian Project and the Debian 
distributions.  (It represents Debian in any and all contexts, including works 
based on Debian, compatibility with Debian, criticism of Debian, comparison of 
other distributions with Debian, etc.)

(2) Debian Official Use
The work called the "Debian Official Use Logo" is a trademark, held by SPI on 
behalf of the Debian Project, representing endorsement by the Debian Project.  
(For informational purposes, the endorsement of the Debian Project
applies to all unmodified copies of the official Debian distributions, the 
www.debian.org webpages, and possibly other things.)

(3) Debian, the word
The word "Debian" is a trademark, held by SPI on behalf of 
the Debian Project, representing the Debian Project and the Debian distributions.  
(It represents Debian in any and all contexts, including works based on Debian, 
slightly modified versions of Debian, criticism of Debian, comparison of other 
distributions with Debian, etc.)

-- In this case, paragraph 3 would be omitted, since the word *isn't* covered by 
copyright.

(4) Firefox logo (the way they seem to be using it lately)
The work known as the Firefox logo is a trademark, held by the Mozilla 
Foundation, representing a build of the Firefox browser made by persons approved 
by the Mozilla Foundation from source code pre-approved by the Mozilla 
Foundation.

(5) Firefox logo (the way it should have been)
The work known as the Firefox logo is a trademark, held by the Mozilla 
Foundation, representing the codebase for the Firefox web browser, and 
any work closely based on it.

-----------
Thoughts welcome.  Also, please feel free to forward this to anyone who's doing 
something about the 'logo issues'.

-- 
Nathanael Nerode  <neroden@fastmail.fm>

[Insert famous quote here]



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