Hi. Summary:
Debian would like to sign, jointly with SPI, a letter stating that we do not intend to apply for EANs. A draft of the letter is below. Process: We (Debian, me specifically) are about to ask Free Software Conservancy for legal advice - specifically whether there is anything wrong with this proposed letter. If the advice is favourable, and subject to comments we get from SPI, we will sign this letter on behalf of Debian and we would like the SPI Secretary to sign it on behalf of SPI. We will need approval from the SPI Board. I doubt there would be any problem with this, but I thought I should let you know. I will CC the Board on the request I make to our legal counsel and ask them to send you a copy of the advice we receive. Background: Debian was recently asked by a vendor of Debian CDs to help them out with an issue relating to EANs. An EAN is the (number represented by a) barcode which is used to identify physical products at the point of sale. Some large online trading platforms prefer everything they sell to have an EAN where possible. (Presumably this makes their database management easier or something.) It appears that they particularly don't want their clients to be selling without an EAN, items that do have an EAN. And they want (for some reason) to ensure that products sold without EANs, which bear trademarks, are sold in that way only with the consent of the trademark holder. I assume that this is part of their efforts to try to ensure their clients do not breach trademarks. After investigating the issues, we (Debian) don't think we want to issue EANs (in part because Debian provides data files, not physical embodiments, which probably should not have EANs). I drafted the letter you find below. I have now been delegated by the Debian Project Leader to take care of this issue. Thanks for your attention. Regards, Ian. === draft letter === RE DEBIAN - EUROPEAN ARTICLE NUMBER (EAN) To Whom It May Concern The Debian Project ("Debian") and Software In The Public Interest Inc ("SPI") wish to make known that: 1. Debian, through its Trusted Organisations including SPI, owns and controls the trademark "Debian" in various jurisdictions. 2. Debian does not provide European Article Numbers (EANs). Nor do any of Debian's associated organisations do so on Debian's behalf. 3. Debian and SPI give public permission for products embodying Debian's software and documentation to be sold, according to the Debian Trademark Policy (which can be found at https://www.debian.org/trademark). That policy does not make any requirement about EANs. Therefore (provided the the policy is adhered to) we have no objection to Debian branded products being sold without EANs. 4. Debian do not anticpate this situation changing in the next 2 years. Specifically, we do not expect to be issuing EANs within the next 2 years. 5. Please therefore allow vendors of Debian merchandise to trade, notwithstanding any lack of EANs for those products. 6. This is without predjudice, of course, to our right to enforce our trademarks against anyone found violating our trademark policy. We are simply saying that lack of an EAN is, in itself, completely fine. Signed for the Debian Project for Software in the Public Intere === email from trading platform support desk to a Debian vendor === From: Support Vendeur **** To:*** Subject: RE:[CASE ****] Demande de courrier Dear Seller, Thank you for contacting ***. My name is **** and it has been a delight to talk with you on the phone. Once again, thank you for taking the time to answer me. It is my pleasure to assist you with your query related with your EAM exemption application. As regards as your case, I can see that you would like to products from the brand Debian without having to buy EAN codes. Please note that in order to do that, as you are not the manufacturer of the concerned products, you need to apply for an EAN exemption approval. In order to have your application processed, the fields below should be populated in the form. Estimated annual revenue Condition of your product Company website Company description Brand to be exempted and seller connection to the brand How do you upload your listings Number of products needing UPC or EAN exemptions Justification for UPC or EAN exemptions Name Email Phone Company name You also need to prove a letter coming from your manufacturer that states those facts: -your manufacturer doesn't provide you any EAN codes. -your manufacturer allows you to send his products without any EAN codes. -your manufacturer is not going to buy any EAN code during the 2 next years. Incomplete applications will not be processed. EAN or UPC exemptions cannot be granted for single ASINs sold in product bundles or in bulk. With the exception of antique products, the condition of an item for which an EAN or UPC exemption is requested must be New. Please find more info about those EAN exemptions requests by clicking on the following link: *** No answer is require from your side, but if you have further questions concerning your sales, please never hesitate to contact *** again [...] -- Ian Jackson <ijack...@chiark.greenend.org.uk> These opinions are my own. If I emailed you from an address @fyvzl.net or @evade.org.uk, that is a private address which bypasses my fierce spamfilter.