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Re: Debian logos and trademarks



* Bastian Venthur <venthur@debian.org> [070207 10:05]:
> I have a question. If I understand you correctly you want to put the
> "official use" logo under the MIT license AND enforce it as an
> unregistered trademark so that someone can only use it if "we" (who?)
> authorize it. This sounds contradicting to me and how does this meet the
> DFSG?

Even if there is a problem with the DFSG, there is no contradiction.
A trademark, even when registered and enforced, gives more rights than
a copyright license wanting to double-enforce the trademark rights.
Even if the copyright license tried to mimic trademark law exactly
in one jurisdiction, it wail fail in another one, and finaly there will
be most likely some jurisdiction where it forbids something the law
allows. Trademark law and copyright law are orthogonal and should be kept
so.

I'm even not totally sure there actually is a DFSG problem. We have lots
of trandemarks on words on phrases that are used. Documentations
speaking about the JAVA language, about being compiled or optimized for
Pentium processors and so on. That those bits are trademarks and may not
be used in some ways orthogonal to copyright does not make those
documents non-free. Logos are quite extreme in that regard, but that
similarity at least gives a little gray touch to it.

Hochachtungsvoll,
	Bernhard R. Link



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