MJ Ray wrote:
Passing off is a little different, so I don't want to confuse thatwith trademarks.
That's not something I know much about; a reference on the difference would be appreciated if you have one.
How is "Python" being used by the distributor to label the shipped version of CPython in any way that you can determine *during* purchase?
Let's modify the scenario, then. Let's say I am particularly keen to get a Linux distribution which contains this Python language I've heard so much about. I ask the commercial distributor at the stand: "Does this copy of Debian contain Python?" Does he say:
a) Yes b) Noc) It includes a bit of software we call "python" which is based on the official one from the PSF, and we hope it's fully compatible with it, but we have no connection with them, etc. etc. d) Hang on, I have to call the PSF to get their approval before I can tell you.
a) is, I assert, trademark infringement. b) is misleading and unhelpful at best. d) is clearly ridiculous. I suppose c) would be OK, but I doubt that's the answer you would get in practice. If it's the only legal answer, does Debian need to warn its distributors?
A bit of y, a bit of something like c and a bit of z. My position is that I do not understand why the distributor would *need* to infringe the "Python" word trademark. I see no need to use the Python mark inthe course of trade to distribute debian.
So, as I understand it, the use of the word Python in the Debian docs on the CD is using the mark, but it's not in the course of trade?
Does that mean if I give away my can's of Gerv's Cola labelled as Coca Cola, instead of selling them, then it's not in the course of trade so it's OK? Or if I sell boxes labelled "Famous Name-Brand Cola inside", and people open them after purchase and see cans of what looks very like Coke, that's OK too?
I admit this is a bit stretched, but I find it hard to understand how we come to a position where Debian can label anything it likes with any trademarks it likes in its distribution, as long as it doesn't write the trademarks on the outside of the CD.
Gerv