Re: RC bug filled against desktop-base related to the open logo.
Gustavo Franco wrote:
> Please bear with me if it was discussed here before, I wasn't CC'ed.
Do you want to be? I've guessed yes, but please state explicitly.
Pre-filing discussion is around
http://lists.debian.org/debian-legal/2010/06/msg00014.html
> 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 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;
This is arguably an acceptable reason for copyright, although I'm
unsure whether it's still derived from it. Why was the debian
in the usual font put there? To look like the logo with text?
> * Btw, if it was the open logo, we're not talking about software. DFSG
> quote about Derived Works states "original software";
I feel that's unacceptable - the logo is software, even if it might
not be a program in some formats. Arguing otherwise would allow all
manner of unmodifiable rubbish into debian.
> * If DFSG explicitly included images, fonts and music we would still
> need to protect Debian trademark.
Protect it from what? Misuse maybe, but there are other laws against
abuse and honest use isn't restricted by trademark (at least not here
http://www.bailii.org/uk/legis/num_act/1994/ukpga_19940026_en_1.html#pt1-pb3-l1g11
). As I understand it, 11(2)(b) means that indicating the intended
purpose of a backdrop as one for a debian system is not infringing a
trademark (so doesn't need a trademark licence). Do others think
I've understood that correctly? Are other laws (TRIPS?) similar?
So in this case, there might be only the question of whether the
expression is derived from the logo with text, so would be affected by
its (non-free) copyright licence. What do others think of that?
Hope that helps,
--
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
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