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Re: RC bug filled against desktop-base related to the open logo.

On Sat, 14 Aug 2010 13:24:21 -0300 Gustavo Franco wrote:

> Please bear with me if it was discussed here before, I wasn't CC'ed.

It was indeed discussed on debian-legal before (more than once, to tell
the truth)...

Just to cite the most recent ones, please see the threads that contain
the following messages:

> Pompee William filled #587668 (The Debian open logo with "Debian" is
> not compliant to the Debian policy) against desktop-base. #587482 was
> filled against gdm-themes

I assume you read my comment on #587482, since you refer to that bug:

> I don't really see the point for the following reasons, but would like
> you to shed some light:
> * It's not the open logo itself, but the swirl + Debian with Debian's
> logo regular font;

If the same font was used as in the Debian Open Use Logo with "Debian"
text (let's call it DOULwt), then I think it's hard to claim that the
resulting image is not derived from the DOULwt...

Creating a derivative work does not necessarily involve the act of
taking the original work and modifying it.
You can also create a derivative work, by just looking at the original
one and putting the same pieces together in a similar enough way.

> * Btw, if it was the open logo, we're not talking about software.

In its broad sense, we are.
See my essay:

> DFSG quote about Derived Works states "original software";

Regardless of which sense you prefer for the term "software", it has
been made clear by GR-2004-003 that the Social Contract mandates the
whole content of Debian (main) to be Free according to the DFSG:

See the actual SC:

| "Social Contract" with the Free Software Community
|     1. Debian will remain 100% free
|        We provide the guidelines that we use to determine if a work is
|        "free" in the document entitled "The Debian Free Software
|        Guidelines". 

> * If DFSG explicitly included images, fonts and music

The DFSG do include images, fonts and music, even though not explicitly.

See again GR-2004-003, which clarified this by changing the wording of
the Social Contract.
Moreover, please note that the DFSG were originally conceived to apply
to every work (not just programs) in Debian (main).
See the following statement by Bruce Perens:

| When designing the DFSG, I was considering the contents of a Debian CD,
| much like the Official Debian ISO image, containing all of the Debian
| software and documentation.
| I intended for the entire contents of
| that CD to be under the rights stated in the DSFG - be they software,
| documentation, or data.
[ from http://lists.debian.org/debian-legal/2003/08/msg00264.html ]

> we would still
> need to protect Debian trademark.

This seems to be the reason why the DOULwt is still non-free, even
though I am not convinced that it is the best strategy to follow...

I hope I clarified.

 Need some pdebuild hook scripts?
..................................................... Francesco Poli .
 GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4

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