Re: Proposal - Free the Debian Open Use logo

[Simon Law <sfllaw@debian.org>]

On Sun, Oct 05, 2003 at 06:54:55PM -0400, Eric Sharkey wrote:
> > 	Well, that's a simplification.  But Debian can modify the logo
> > to refer to something else, say goldfish, while other people cannot.  So
> > the playing field isn't open, so it isn't DFSG-free.
> 
> You are completely misrepresenting the point of DFSG 8.

	I object to this accusation.

>                                                          For any work
> created by a copyright holder, and licensed for use to a user, the
> copyright holder is not bound by the license, but may do things which
> would violate that licesnse, including relicensing the work under any
> other terms he can think of.

	True.

> DFSG 8 says that license terms can't say Debian can do something
> that other licensee's cannot, but this cannot apply to works for
> which Debian itself is the copyright holder.
> 
> If this were true, for any work licensed under the GPL for which the
> copyright holder were Debian (as opposed to a particular developer),
> then this software would be considered non-DFSG free by clause 8
> since only Debian would have the right to re-license under a different
> license, such as BSD.
> 
> This is absurd.

	Of course Debian is in a privledged position with regards to the
software Debian owns.  I would agree with your claim that this is absurd
if the Open Use license never mentioned the word "Debian" at all.  It
says, however:

    This logo or a modified version may be used by anyone to refer to the
    Debian project, but does not indicate endorsement by the project.

	Let's say that I am an artist in the employ of BAD DNA Inc., an
evil bioengineering conglomerate.  I really like the font used by the
Debian Open Use logo, so I think I shall derive our new corporate logo
from the font used in Debian's.  Some quick copy-pasting should do the
trick.

	Uh oh.  I can only modify the logo if I refer to the Debian
project.  Although I am given the right to modify the work (satisfying
DFSG 3) I can only do so within a limited sense.  I can't even change
the logo, as you suggested before in DFSG 4, to refer to BAD DNA.  I am
at an impasse, and cannot modify the logo to suit my needs.  And even if
I did modify my logo against the license, I cannot use it to refer to
BAD DNA.  How is that free?

	Now perhaps I picked DFSG 8 incorrectly.  But do you not see how
onerous this restriction is?

Simon