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



Nathanael Nerode wrote:
> Josh Triplett wrote:
>>Both of these licenses seem clearly non-free to me, since they restrict
>>the uses of unmodified or "insufficiently different" versions.
> 
> Only to the extent of prohibiting misrepresentation of other works,
> projects, and organizations as belonging to/being endorsed by/being part of
> Debian.
> 
> That's a standard, acceptable class of restrictions, isn't it?  This really
> *is* about misrepresentation and nothing more.

If that is truly the case, then you don't need to say that at all in the
license.  See http://lists.debian.org/debian-legal/2004/05/msg00540.html
and the resulting thread.  Claiming endorsement by someone else without
their permission is already illegal.  Therefore, using the Debian logo
to claim endorsement by Debian without permission is already illegal, so
the Debian logo license should not mention it.

> If I have accidentally made the restrictions broader than that in my
> proposed licenses, then it's a mistake which should be fixed.

I belive that is what happened, yes.  Your proposed licenses did not
permit any use of an unmodified or insufficiently modified logo, except
to refer to Debian.  Instead, what you probably want is something
similar to the clauses from the zlib license: "The origin of this
software must not be misrepresented" and "Altered source versions must
be plainly marked as such".  As for not permitting others to claim
endorsement by or affiliation with Debian, that is already not permitted.

> Anyway, as someone else said, if you don't defend your trademark against
> those particular uses, you don't have a trademark anymore.  The original
> and primary purpose of a trademark is to identify a business/product
> distinctively.  Preventing uses which cause confusion as to the identity or
> source of your product or business is what you have to do in order to keep
> your trademark at all.

That's completely unrelated to whether the suggested licenses are
DFSG-free or not.

- Josh Triplett

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