Ben Reser wrote:

e) On the license page which I've already provided the URL to several
times above... you say that if I decide to as a VAR sell MNF to my
clients that I must conform "to all of MandrakeSoft's intellectual
rights and trademark protections listed in the product (this includes
removing MandrakeSoft logos & trademarks from the product)."  This seems
to be a catch 22.

The GPL requires you to display an appropriate copyright, while it is
not clear in this, I would take that to mean that I must display a
Mandrake copyright notice on the software Mandrake wrote.  Additionally
it requires that if it is an interactive program that I display an
appropriate copyright notice if the program displays that.  Since
Mandrakesoft would obviously lay trademark rights to it's own name, how
can I possibly comply?

IMO : the code source is GPL, so you can use it, fork it sell it, etc.. using the terms of the GPL, which are : you have to display the authors of the program and clearly indicate the changes that you made. Now, what Mandrakesoft prevents you is using the "Mandrakesoft" trademark as advertisement or promotion to commercialise their product. This is not the same thing : on one hand, the GPL ask you to make a notice of the authors when you use their intellectual work, and this, Mandrakesoft cannot prevent you to do it, because they would prevent you to fullfill the terms of the GPL, thus they would break the GPL themselves. On the other hand, the GPL does not grant you the right to use the reputation of a trade mark. In this latter case, this is not the GPL which applies, but the laws on trade marks.
My 2c understanding.
Eric



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