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https://issues.apache.org/jira/browse/NETBEANS-126?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16264703#comment-16264703
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ASF GitHub Bot commented on NETBEANS-126:
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matthiasblaesing commented on issue #289: [NETBEANS-126] Replace with trademark
free icons
URL:
https://github.com/apache/incubator-netbeans/pull/289#issuecomment-346683201
I see two distinct problems we need to solve:
1. Copyright: Are we allowed to use artwork and
2. Trademarks: Are we allowed to use a "symbol" and "name"
I read some more and (I'm not a lawyer and I know that quoting from
wikipedia is questionable):
https://en.wikipedia.org/wiki/Fair_use_(U.S._trademark_law)
> A nonowner may also use a trademark nominatively—to refer to the actual
trademarked product or its source. In addition to protecting product criticism
and analysis, United States law actually encourages nominative usage by
competitors in the form of comparative advertising.
Some more, that might better hold up:
https://www.inta.org/TrademarkBasics/FactSheets/Pages/Fair-Use-of-TrademarksNL.aspx
> Nominative fair use generally is permissible as long as (1) the product or
service in question is not readily identifiable without use of the trademark,
(2) only so much of the mark as is reasonably necessary to identify the product
or service is used and (3) use of the mark does not suggest sponsorship or
endorsement by the trademark owner.
My reading: The trademark part would be ok, as it is the intention to refer
to the product itself and it is required to be quickly recognizable.
The remaining thing is copyright: We don't know where the icons come from.
They were distributed with netbeans, but they could be distributed with the
source as "fair use". So I could live with just readding the icons (#251) or
taking the icons from another source under a compatible license.
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> Browser icons needs to be re-instated
> -------------------------------------
>
> Key: NETBEANS-126
> URL: https://issues.apache.org/jira/browse/NETBEANS-126
> Project: NetBeans
> Issue Type: Bug
> Reporter: lbruun
> Assignee: lbruun
> Priority: Minor
> Labels: donation-fixes, pull-request-available
> Attachments: css-editor-icons-usage.png, css-editor-icons.png,
> nb-icon.png, web-browser-api-icons.png
>
>
> A number of browser icons were "removed" from the donation, in [this
> changeset|http://hg.netbeans.org/releases/rev/034a0c65c347?revcount=1500].
> They weren't actually removed, rather they were all replaced with a dummy
> NetBeans icon. I think Oracle removed them because Oracle couldn't donate
> such icons, as they don't "own" these trademarks.
> h2. Module path "css.editor"
> Removed from {{css.editor}}:
> !css-editor-icons.png!
> The browser icons in this module are - as far as I can tell - only used for
> code completion hints on CSS where they are used to signal if the browser has
> support for the CSS property or not. Example:
> !css-editor-icons-usage.png!
> h2. Module path "web.browser.api"
> Removed from {{web.browser.api}}:
> !web-browser-api-icons.png!
> The above icons are all replaced in the donation with a dummy NetBeans icon:
> !nb-icon.png!
> I'll do a PR to re-instate these.
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