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Re: apache non-free?

On Thu, Dec 06, 2001 at 11:36:40AM -0800, Rob Bos wrote:
> > BTW: Someone of the people who fear legal risks should remove the apache
> >     packages from the archives - distributing a package built from
> >     modified sources violates the copyright...
> I've been reading /usr/share/doc/copyright, and this might be a good point,
> though phrased somewhat trollishly - provision 4 and 5.
> <snip>
>  * 4. The names "Apache Server" and "Apache Group" 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.
>  *
>  * 5. Products derived from this software may not be called "Apache"
>  *    nor may "Apache" appear in their names without prior written
>  *    permission of the Apache Group.
> </snip>
> Since the package is called "apache", debian is using the apache name to
> "endorse or promote products derived from this software" and since the
> package is modified (several .info files, a few other miscellaneous things)
> that may count as a "derivative".

That's no different than "Debian". You cannot endorse a product using a
trademark without permission. That doesn't make the software non-free.

Likewise, if someone derived a distribution from Debian, and called it
"Debian 5.0", they would be breaking some laws concerning our rights
over the mark "Debian".


/                   Ben Collins    --    Debian GNU/Linux                  \
`  bcollins@debian.org  --  bcollins@openldap.org  --  bcollins@linux.com  '

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