Hello debian-legal. Mugshot is an open project to create a live social experience around entertainment, and the mugshot-client integrates this into the linux-desktop. See http://mugshot.org for more info on this. The client is released under the terms of GPLv2, but Mugshot™ is also a trademark of Red Hat, Inc and may only be used in accordance with some trademark guidelines found at http://mugshot.org/trademark I've been maintaining the mugshot-client outside of the Debian-archives for 1,5 years now, due to some concerns with the Mugshot Trademark Guidelines at first. I vented these to the developers and Red Hat a while back, and at least my concerns have been solved now, as these guidelines are much clearer on redistribution of the client (see the part "Modified Mugshot Client Code – Limited Trademark Permission") Therefore (upon several requests from users of my package) I now wish to upload the client to the main-section of the archive. However, I would really like some more (critical) eyes to take a look at the Trademark Guidelines before uploading, and someone to confirm or disapprove of my conclusion. The full text of http://mugshot.org/trademark as it is displayed on 2007-12-04 is attached below. The conditions as they are set at the moment are all met in my package. I'd like some feedback on this from you, and unless there is some strong disagreement on how Debian will be in compliance with this I will hopefully get to upload the package this coming weekend. Cheers :) Heikki ----------------------------------------------------------------------- Trademark Guidelines Mugshot™ Trademark Guidelines RED HAT, INC. RESERVES THE RIGHT TO CHANGE THESE GUIDELINES AT ANY TIME. YOU SHOULD PERIODICALLY CHECK THESE GUIDELINES TO BE SURE THAT YOU ARE IN COMPLIANCE. Basic Introduction Red Hat, Inc. has a long and distinguished history of being an active contributor to the open source software community. One of the key features of open source software is that anyone has the right to copy, modify and redistribute the software, subject to the terms and conditions of certain license agreements or copyright permissions, such as the GNU General Public License. It is important to understand that, although Red Hat allows third parties to replicate its open source software under the GNU GPL, absent a written agreement or other express permission it does not allow third parties to use its trademarks. For example, absent a trademark license from Red Hat, a party would have the right to copy, modify and sell Red Hat's open source software, but they would have to call it by another name. Red Hat has always been fully supportive of open source rights with regard to copyrights and demonstrates that support by releasing the software we develop under open source licenses. This document is designed to provide guidance on how the software developed and marketed under the Mugshot™ trademark may be marketed by others, using Red Hat's Mugshot™ mark. A Brief Introduction To Copyright And Trademark Law As They Relate To Software The guidelines in this document are based on United States law. Although many countries follow the same principles discussed below, the laws of other countries may also differ on some points. Copyright Copyright law protects the expression of an idea. Mugshot™ consists of open source software modules, most developed by Red Hat but some developed by other members of the open source community. Those authors (or their employers) hold the copyrights in the modules or code they developed. Through Red Hat the Mugshot Project then permits others to copy, modify and redistribute the work under the GNU General Public License ("GPL") version 2 and the Mugshot Project's own End User License Agreement. Although software licensed under the GPL is "open source software," Red Hat retains ownership of the copyright in the work and only Red Hat can grant rights to use the Mugshot™ mark.. Neither the GPL nor the Mugshot Project's End User License Agreement grant any right to use Red Hat's trademarks in the redistribution of the collective work. Basic Introduction Trademarks are used to identify the source of goods and services in the market. Trademark law is best understood as consumer protection law, since it enables consumers of products to know the source of the products they purchase and allows them to distinguish those products from the products of other vendors. This is important in order to ensure that consumers are not fooled into purchasing a product of one company while believing it is a product of another company. For instance, Heinz® ketchup is a well-known brand of ketchup. If Jones Company decided to make its own ketchup, and was able to market it as Heinz® ketchup, Jones Company would profit in the sale of its ketchup from the customer goodwill established by the owner of the well-known Heinz® brand. Although that might be good for Jones Company, it could be bad for the consumers who purchased the Jones Company ketchup, believing that it was Heinz® ketchup. Such trademark use would be impermissible under applicable law. This is true even though the Jones Company ketchup contains exactly the same ingredients as the Heinz® ketchup. A similar situation arises with the trademarks owned by Red Hat. Many consumers have come to trust the Red Hat® branded products and services, and look for a Red Hat brand, including Mugshot™ when they obtain our open source products. As a result, consumers who obtain products that are labeled Mugshot™ or some close variation (see "Use of Mugshot Trademark") believe that they are the official products of the Mugshot Project. Consumers often expect that such products will contain features that are available only from the Mugshot Project. In order to protect consumers, Red Hat has an obligation to ensure that its trademarks are not used to identify the products of other companies or used in any other manner which states or implies an association or sponsorship by Red Hat of other companies' products. Protection of Trademarks Under trademark law, owners of trademarks who use their trademarks improperly or who fail to police the use of their trademarks by others may lose their rights in those trademarks. For instance, now-common words such as "zipper" and "elevator" were trademarks at one time. Their owners allowed the marks to be widely known and used as generic names for the associated products, and, as a result, all trademark protection was lost. Some examples of trademarks that are protected by their owners at great lengths today from such "genericide" include Kleenex® brand facial tissues, Band-Aid® brand bandages and Xerox® brand photocopiers. In addition to monitoring the use of trademarks by others, policing also requires maintaining control over the nature and quality of the goods and services that are marketed under the trademarks. Red Hat has filed to register the trademark Mugshot™ in the United States Patent and Trademark Office. We are also seeking registration of the mark in many other countries around the world, have filed applications to register the mark in still other countries, and we will continue to aggressively register our trademarks in countries where we do business. Our unregistered trademarks are also protected under trademark law. Unregistered trademarks of Red Hat include RPM and Bluecurve. "Fair Use" of Trademarks Although a trademark owner should take action to police the use of its trademarks by others, it cannot prevent others from using its trademarks under all circumstances. For instance, a company may refer to the trademarks of competing products in marketing its own products. As an example, Burger King might choose to state in advertisements that "Burger King® french fries were preferred over McDonald's® french fries in a taste test." Although McDonald's® is a trademark of McDonald's Corporation, Burger King could mention it in its marketing in this fashion so long as the statement is truthful and not misleading, does not imply an improper association with or sponsorship by McDonald's and otherwise complies with applicable laws. A key element in evaluating whether the use of someone else's trademark is acceptable is whether the use is likely to cause confusion in the marketplace as to the source or sponsorship of a product. Burger King's use of "McDonald's®" in the statement above is not likely to lead consumers to believe that Burger King® french fries are a product of McDonald's or that Burger King® french fries emanate from or are sponsored or approved by McDonald's Corporation. Mugshot™ Trademark Guidelines Use of the Mugshot™ Mark and Other Red Hat Trademarks Which Are Included in Mugshot One of the purposes of the Mugshot Project is to provide access to a user's information and social network through client and on-line software in a consistent way. In order to achieve this purpose it is important that the technology can quickly be identified and that the recipient knows the technology they are receiving will faithfully provide that experience. Red Hat has chosen the Mugshot™ mark to identify this effort and is granting broad usage rights in that trademark in order to assure widespread availability. Persons wishing to produce CD-ROM and other products that contain the software which the Mugshot Project distributes under the Mugshot™ may do so as long as they follow these guidelines. Except as expressly granted herein or under rights of fair use, no party has a right to use the Mugshot™ mark in association with the software provided by the Mugshot Project. Doing so would cause confusion among the customers who obtain those products because they may believe they are obtaining a product emanating from or sponsored by the Mugshot Project but, in reality, it is a product of another party altogether. To address this issue, we have developed the following guidelines for the use of the Mugshot™ trademark. These guidelines are designed to serve both consumers of Mugshot software and services to ensure that they know the source of the products and services they receive and distributors of Mugshot Project client software so that they can avoid improperly generating confusion in the marketplace. Mugshot™ is a trademark of Red Hat, Inc. and may only be used with Red Hat Inc.'s express permission. Except as provided herein, you may not use "Mugshot" or any confusingly similar mark as a trademark for your software offering, or use "Mugshot" in any other manner that might cause confusion in the marketplace, including in advertising, on auction sites, or on software or hardware. Any party wishing to use the Mugshot™ mark may do so as long as they meet these conditions: 1. They may use the Mugshot™ mark in association with the original Mugshot™ code found on the Mugshot Project website (see http://mugshot.org) without modification; or 2. They may use the Mugshot™ mark in association with a modified version of the original Mugshot™ client code provided they abide by the conditions set forth below; and 3. If they charge a fee for the CD-ROM or other media on which they deliver the Mugshot™ code, they warranty the media on which the Mugshot™ code is delivered, thus ensuring that the recipient receives a usable copy. Except as expressly stated herein, no other rights are granted to use any other Red Hat trademarks, specifically including the RED HAT® and "Shadowman" logo® marks. Absolutely no exceptions. Distribution by FTP or Electronic Download If you distribute the Mugshot™ client code by FTP or other electronic download, you have permission to identify the download using the Mugshot™ mark so long as you are otherwise in compliance with these guidelines. If you are using Mugshot™ to identify the download, it must be in compliance with these Mugshot Trademark Guidelines, and you must also display the following statement: “This distribution of Mugshot™ is subject to the Red Hat license for Mugshot™ which may be found at http://mugshot.org/licenses.”; Of course, you are always permitted to redistribute the code without utilizing the Mugshot™ mark so long as you otherwise comply with the GNU General Public License. Please bear in mind that you are solely responsible for ensuring that the download you provide complies with these Mugshot Trademark Guidelines. Modified Mugshot Client Code – Limited Trademark Permission Red Hat and the Mugshot Project support the extension of Mugshot™ to new platforms and languages. Red Hat grants a limited permission to use the Mugshot™ mark on these modified versions of the Mugshot™ client code provided the following conditions are met: 1. You identify your version of the client code as an adapted version of Mugshot™ in the “About” dialog associated with the Mugshot icon. The attribution statement should be similar to: “Mugshot™ client code adapted for ____.” 2. You do not prefix the named product with "Red Hat" (e.g. "Red Hat Mugshot" is not allowed.). 3. The changes you make do not alter the fundamental user experience from that provided by Mugshot™ as made available by Red Hat. That is, you can: 1. localize the client code; 2. provide patches or bug fixes to the client code; 3. provide extensions or plug-ins to the client code; or 4. adapt the client code to run on another platform; but 5. you cannot substantively modify or remove basic components of the client code such that the user experience is altered. 4. You do not redirect the client code to operate with a server other than the server found at mugshot.org It is very important that any modified version of Mugshot™ meet (or exceed) the quality level people have come to associate with Mugshot™. Red Hat reserves the right to require persons to cease use of the Mugshot™ mark if they are redistributing software with low quality and efforts to remedy the situation have not succeeded. In particular, when making additions or changes to the Mugshot™ code, we recommend that you contact the Mugshot Project in advance to discuss any quality concerns that may arise. To ensure high quality, you should rigorously test the effects of such changes against the mugshot.org servers. Conclusion These guidelines are designed to assist users and distributors of Mugshot Project code. If you are aware of violations of them, please contact us at trademarks@redhat.com. Copyright © 2007 Red Hat, Inc. All rights reserved. -- Heikki Henriksen <heikkih@gmail.com>
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