Re: [Debburn-devel] License of cdrkit - GPLv2 + additional restrictions
Le dimanche 24 septembre 2006 à 23:32 +0200, Francesco Poli a écrit :
> > Jörg Schilling interprets this restriction as implied by trademark law
> > in his country.
>
> I don't know whether his interpretation is a legally valid one (IANAL),
> even though I've heard of cases where courts prevented the attempt to
> use an exclusive right (copyright, trademark, ...) to block
> interoperability.
> Here, the restriction clearly forbids creating a derivative work that is
> a drop-in replacement of the original, and thus interferes with
> interoperability.
It does, but to what extent? AIUI wodim doesn't output this text and can
be a drop-in replacement without a problem.
> > Replacing the text by a 'this software cannot return
> > "schily" because it would infringe on Jörg Schilling's trademark'
> > notice - or no notice at all - would seem like a fine solution.
>
> Dropping this restriction from cdrkit would be a solution, if a
> qualified lawyer confirms that we have the right to do so...
I agree that we need some legal expertise to confirm that. Doesn't
Debian or SPI have access to a lawyer for such cases? What is the
appropriate procedure?
> Anyway, let's not split hairs on the validity of Joerg Schilling's
> claims: what we are talking about are clearly non-free restrictions (I
> hope we can agree on that...) and must thus be solved somehow.
I think the problem is more about GPL-compatibility than about
DFSG-freeness. DFSG #4 already allows licenses forbidding re-use of the
name or version number, and this isn't much a different case here.
--
.''`. Josselin Mouette /\./\
: :' : josselin.mouette@ens-lyon.org
`. `' joss@debian.org
`- Debian GNU/Linux -- The power of freedom
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