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Re: Share Scratch, but restrict the use of trademarks



Hi Thibaut,

Thanks for your answer!
For a sane workflow in Debian, we need to be allowed modifications such as:
  - bug fixes (including security);
  - moving files around for better integration;
  - adding documentation;
  - dynamic linking of libraries;
  - removing files or features which are not free according to the
Debian Free Software Guidelines or which are covered by enforced patents;
  - rarely, early integration of features which we hope will be accepted
upstream.
With the exception of the last item, all of these types of changes would be welcome (in fact, we'd be grateful!)  We would also welcome people integrating new features - this has been done many times already with versions of Scratch like BYOB, Panther, etc. But we would ask that anyone wishing to add new features do so in a rebranded version of Scratch that does not contain our trademarks. This is to avoid confusion with official versions, and keep features consistent across all platforms.

I'm not sure how to proceed, as I'm I am also not a lawyer, and not very good at legalese. Shall I just draft something saying it's ok to do X and not ok to do Y, and run it by the list? I wonder if there are any standard templates for this sort of thing, or examples that have worked well in the past.

-Amos


On 09/30/2011 04:42 AM, Thibaut Paumard wrote:
Dear Amos,

Le 29/09/11 22:19, Amos Blanton a écrit :
I'm working on getting the rest of the Scratch Team to sign off on
releasing Scratch 1.4 under the GPL v3. One roadblock that remains is
that we feel it's important to prevent others from re-releasing modified
versions of Scratch with our trademarks. We *do not* want to prevent
maintainers or helpful contributors from fixing bugs or addressing
security issues in the official Scratch package. And we're happy to see
Scratch remixed as long as the remix isn't called Scratch, and doesn't
use our logo or the Scratch Cat (this has been done many times already
<http://wiki.scratch.mit.edu/wiki/List_of_Scratch_Modifications> under
our current custom license).
IANAL, but I far as I understand, software license and trademark license
really are two distinct matters. You can GPL your software even if you
require any derived work to be rebranded. That would, however, force
Debian to rebrand Scratch right-away, which you probably don't want to
happen. It's also very important that you don't make exceptions for
Debian or whatever vendor: if you allow "us" to do something with your
software, you should allow our downstream as well.

For a sane workflow in Debian, we need to be allowed modifications such as:
  - bug fixes (including security);
  - moving files around for better integration;
  - adding documentation;
  - dynamic linking of libraries;
  - removing files or features which are not free according to the
Debian Free Software Guidelines or which are covered by enforced patents;
  - rarely, early integration of features which we hope will be accepted
upstream.

I think you should first clarify which modifications you are willing to
allow under the name "Scratch", and which modifications would require
re-branding. You can certainly then just put a file (README.trademark,
LICENSE.trademark?) in the source distribution which explains exactly
that. The exact content of this file can be discussed, so that in the
end you grant us and the rest of the world sufficient rights to work
with your package in a legal and sane manner, but not too much so as to,
in effect, loose the benefit of you trademark.

Best regards, Thibaut.


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