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Proposed vote on issue of the day: trademarks and free software



Hi,

For those of you who're not aware: the Mozilla Foundation is now forcing
people who want to use their firefox trademark to display an EULA to
their users on first run of the software. It does not currently require
them to accept to it, so they can easily bypass the license by just
ignoring it.

Obviously this doesn't have any effect on us; we don't use the Mozilla
trademark, and unless they choose to drop the GPL or MPL or any of their
other licenses as a license choice, we can just ignore this EULA, but
that doesn't make this thing any less obnoxious.

I find the kind of practices that the Mozilla Foundation is going
through rather disturbing. Free Software is about giving people the
ability to modify software and share these modifications; and though
Mozilla isn't currently doing that, they /are/ impeding the freedom to
modify software for those users who want to use their trademark.

There are two reasons I'm proposing this vote, even though it doesn't
directly affect us:
- I've always considered Debian to be a leading member of the Free
  Software community; as such, I feel it is our duty to tell others when
  we think they are straying off the path of Free Software.
- Perhaps more importantly, if the Free Software community as a whole
  accepts this kind of behaviour from large Free Software projects, it
  is not unimaginable that other projects will follow suit. This kind of
  thing /would/ directly affect us, since I'd hate to have to remember
  a Debian-World mappings of software names including things like
  Iceweasel-Firefox, Giant-Gnome, Degeneration-Evolution, and
  Kitten-Mutt. If you get my point.

Now, I'd also like to mention that I'm not opposed to trademarks as a
whole; as the case around the Linux trademark has shown, there will
always be cases where having a trademark is necessary. Additionally, the
argument which the Mozilla people have been using in defense of their
trademark policy back when we changed our branding of Firefox to
Iceweasel, that the Bad Boys might ship a version of Firefox which
includes trojans that they want to be able to fight through trademarks;
and that in order to make such a fight possible, they have to defend
their trademark now, might be somewhat sensible. However, when they
start using their trademark to enforce certain requirements that we
would consider non-free if it were in a copyright license, I think
they're going one bridge too far.

As such, I'm proposing the following position statement as under section
4.1.5 of the constitution:

===Begin resolution text===
The Debian Project has been watching the case around the Mozilla
Project's EULA requirement for people wishing to use their trademarks
from a distance. This is an issue that has been brewing for a few years
now; and even though we've chosen not to use the Firefox, Thunderbird,
Mozilla, and Seamonkey trademarks, we still feel that we ought to make
our position on this important issue clear.

The Free Software community as a whole is based around the notion that
one should be allowed to modify software when they feel it necessary;
and that the right to such modification and subsequent redistribution is
a basic right to users that should not be taken away.

By using trademark law to enforce certain requirements that we do not
usually consider to be characteristic of Free Software, such as a
requirement for patch review and a requirement to include a particular
end-user license, the Debian Project feels that the Mozilla Foundation
has now turned the trademarked version of their Free Software into
software that is no longer free.
===End resolution text===

We've actually already said this by uploading forked versions of Mozilla
software; but given my above rationale, I think it's only proper to make
this more official through this resolution.

I'm looking for seconds.

-- 
<Lo-lan-do> Home is where you have to wash the dishes.
  -- #debian-devel, Freenode, 2004-09-22

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