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Re: Inappropriate use of Debian logo.



On Tue, Nov 30, 2010 at 02:40:25PM +0100, Josselin Mouette wrote:
> Stefano just mentioned that it would be better to CC him if we want
> something to be done to do something. So here we go.

Thanks Joss for the Cc, as I'm not subscribed to -legal (so please keep
the Cc on replies).

I've read the thread and I do have some questions for the list. As far
as I can tell, there is no *trademark* violation going on here, simply
because the swirl is no trademark, what we have under trademark is the
Debian name [1]; consequently, we have licensed the logo that contains
the "debian" label under the DO(official)UL license [2].  However, if
the swirl used in the mentioned website is derived from the Debian
swirl, than we might have here a violation of the DO(pen)UL, about the
following:

  The above copyright notice and this permission notice shall be
  included in all copies or substantial portions of the Software.

As far as I can tell (IANAL, and before contacting SPI lawyer) what we
should ask Legend PC is then to come into compliance of the license, by
mentioning copyright and permission notices.

Does that matches the analysis made by other -legal people?
If this is the case, do we have any precedent for a request like the
above ever been sent to others? (just to look for related material, not
because we need a precedent before going ahead, of course)

TIA,
Cheers.

[1] http://www.debian.org/trademark
[2] http://www.debian.org/logos/

-- 
Stefano Zacchiroli -o- PhD in Computer Science \ PostDoc @ Univ. Paris 7
zack@{upsilon.cc,pps.jussieu.fr,debian.org} -<>- http://upsilon.cc/zack/
Quando anche i santi ti voltano le spalle, |  .  |. I've fans everywhere
ti resta John Fante -- V. Capossela .......| ..: |.......... -- C. Adams

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