Ben Reser wrote:

The problem is the GPL doesn't give or deny the right to names. It says
nothing about trademarks. The BSD license is rather clear about this.
Further, the GPL only requires an appropriate Copyright. What
constitutes an appropriate Copyright is up for debate. While I
understand your point. My point is that Mandrake should be very clear
about what you can and can not do.


I do not know if a copyright licence can override regulation about trade marks. I mean, this is not the point of the GPL. The GPL gives you relaxed intellectual property regulation, compared to the "standard" and international copyright laws. I think it makes the GPL stronger, because trying to override other commercial regulations would make it weaker, because it would be more at risk to be attacked in court on different regulation fronts.
The GPL gives you the right to use the code, but not essentially to use the name of a company for advertising, because it is not relevant for that. The FSF just wants to free the source code. Not anything else. And I think that the restrictions of Mandrake on MNF, and RedHat on "anaconda" are plain right. But I understand your point too. One can ask if they can really prevent you to sell the software with the "Mandrake screen" on it, even if you do not use their name to advertise. That is a good point, and for the moment nothing in the GPL clarify this point, and only Mandrakesoft may do so. It may be the same case with Quake 2 engine : the code is Free, but not the "artistic part" like textures, graphics and level design. But on the other hand, they never prevented magazines to give away "Mandrake" distribution disks of the download edition. So I understand your point : there are different points of view.

You have also to think that until now, GPL developers have in fact given a lot more rights than the GPL actually gives.
The GPL says that you do not have to release any binaries. Moreover, you have not to release your source code to the public, only to the people who buy the software.
Of course, it is advantageous to release the source code to the public, since you can spread your code and take advantage of external contributors. Moreover, any buyer can do th same.
However, almost all Linux companies have always given away by FTP their distribution by FTP. Having iso images of binary is extremely handly, but consider this is a favour. Of course, there is also the strategic advantage to be installed on more computers and touch more future customers and Mandrake Club buyers.

Eric




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