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



Brian Thomas Sniffen wrote:
> Josh Triplett <josh.trip@verizon.net> writes:
>>>On the other hand, if you take the source code to GCC and format it
>>>into the shape of a Coca Cola trademark, then you can't use it for
>>>selling soft drinks. Does this mean that GCC is not free?
>>
>>No, no more than the fact that you can't modify the source to GCC to
>>contain the source to Visual C++ (even independently of the fact that
>>GCC is copyleft; I'm referring to the fact that you can't distribute the
>>source of Visual C++).
> 
> Sure I can.  If I happen to independently reimplement Visual C++, then
> I own the copyright on that.  Microsoft does not.

Granted, though you'd have a heck of a time proving it if the code was
identical.  However, I was referring to modifying GCC to include the
source, meaning copying that source from VC++.

>>This does not apply, of course, to the one kind of requirement that
>>DFSG4 allows: requiring that derived works carry a different name.
> 
> But trademarks are names.  That's all they are -- not necessarily in
> roman characters or pronounceable, but names nonetheless.

That's a huge leap, and I seriously doubt it was intended by the
drafters of DFSG4.  I would argue very strongly against that
interpretation.  A name is just that, a name: some text moniker that
identifies a project.  "GCC", "grub", "Linux", and "Apache" are all
names.  A logo is not a name.

A name does not, of course, need to be in Roman characters (TeX is not,
though it is commonly romanized), nor pronounceable (many projects
choose names with dubious pronounceability).  However, a logo is in no
way equivalent to a project name, and I do not believe a requirement
such as "You must use a different logo for modified versions." passes
the DFSG, nor should it.

- Josh Triplett

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