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Re: firefox -> iceweasel package is probably not legal



On Wednesday 06 December 2006 07:42, Andreas Barth wrote:
> * Arnoud Engelfriet (arnoud@engelfriet.net) [061206 16:26]:
> > What I don't understand is why a package for the Iceweasel software
> > would carry the name firefox.
>
> It doesn't do that. All what we do is saying people who had previously
> installed firefox that we rather recommend them now to use iceweasel.
> That is a normal thing to do if a package changed name. The same happens
> with people who used to use kernel-image-* - these packages are renamed
> to linux-image-* now.

There is, of course, a critical difference for this name change.  Debian 
changed the name not for technical reasons (as I believe was the motivation 
behind kernel -> linux) but for trademark reasons.  Debian no longer ships 
Firefox (TM) because it is not authorized to do so...  and yet it continues 
to ship firefox?  It's still trademarked (capitalized or otherwise), it is 
still a competing browser, and it is still confusing.  More importantly, 
debian is not "recommending" iceweasel, it is installing it INSTEAD of 
firefox.  Debian has the infrastructure to recommend packages, but is not 
doing so here.

> Anyways, I think this is a theoretical discussion and can be stopped. If
> the mozilla foundation wants us to stop providing such hints for the
> firefox users, they should ask us (though that would make upgrades for
> our users more difficult). Otherwise, this discussion is just a waste of
> time.

And here we arrive at the crux of the issue and where I'll bow out of the 
conversation.  Trademark law is an ongoing discussion two parties, and since 
we don't have the other party present, all we are really doing is discussing 
the hypothetical.  Until Mozilla says something it's hard to know the best 
course of action...  having said that, Debian will not be absolved of 
trademark liability (should Mozilla chose to litigate) just because Mozilla 
didn't express it's concerns in a timely fashion.  

If I was in a postion of responsibilty in Debian, I would probably ask Mozilla 
and find out.

-Sean

-- 
Sean Kellogg
e: skellogg@u.washington.edu
w: http://blog.probonogeek.org/

So, let go
 ...Jump in
  ...Oh well, what you waiting for?
   ...it's all right
    ...'Cause there's beauty in the breakdown



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