> We may go on to keep our model and our code protected under GPL
> license.
>
> Only an information regarding the copyright for such private Name:
> Boeing..Lockheed.. and so on could be necessary.
>
> These addons won't be a restriction only an information.
>
> Cheers
To be absolutely clear, here is the correspondence I had earlier this year:
--- start my email ---
Greetings,
I am the project lead of the open source (free) software library called,
JSBSim. We use this software to simulate the flight of aircraft. We also
create data files that contain presumed characteristics of the vehicle
(weight and balance, engines, controls, aerodynamics, etc.). All data comes
from publicly available, traceable, sources. None of our aircraft models are
sold. They are all freely available.
We have recently been discussing whether or not we are allowed to call our
aircraft models a "Boeing 737", or even simply a "737" model. What
limitations are there on the use of the name "Boeing" in this situation, or
the use of the aircraft type name, "737"? Would we be allowed to use the
aircraft type name and/or company name if we had a disclaimer in the data
file, such as:
"This simulation model of a Boeing 737 aircraft was created using publicly
available data, publicly available technical reports, textbooks, standard
textbook aeronautical relationships, and "guesstimates", and possibly even
results from the DATCOM tool. It contains no proprietary or restricted data.
It has been validated only to the extent that it seems to "fly right", and
possibly to conform to published, publicly known, performance data (maximum
speed, endurance, etc.). Thus, this model is meant for educational and
entertainment purposes only.
This simulation model is not endorsed by the manufacturer."
Best regards,
Jon Berndt
Chief Architect and Development Coordinator
JSBSim Project
www.jsbsim.org
League City, TX
--- end my email ---
And the reply is as follows:
--- start reply ---
Hello Jon,
Thank you for your inquiry regarding use of Boeing trademarks.
Since it appears as though JSBSim will use the product identifiers
(e.g..Boeing 737) in a descriptive manner, and no profit will be derived
from said usage, then we have no objection to inclusion of the product
identifiers on the software. However, if a situation arises in which the
aircraft models are to be sold for a profit, please contact us to discuss
implementation of a Trademark License Agreement for the sale of consumer
products.
Please be advised that inclusion of the Boeing logo on any JSBSim is not
compliant with our Corporate Brand Strategy, and is not approved.
We have no objection to the proposed disclaimer provided, and prefer that it
is used.
Sincerely,
{name removed}
Intellectual Property Licensing
Boeing Intellectual Property Management
(xxx) xxx-xxxx
(xxx) xxx-xxxx
--- end reply ---
I hope you agree with me that Boeing was very reasonable. I do hope we can
be equally reasonable and fair, and comply with the GPL at the same time.
This will require some creativity and thought.
[As an aside, I think it would be proper to apply the same approach
(licensing, disclaimers, or whatever) across the board to all aircraft
models where the company still exists or where the IP is still clearly
owned.]
A key phrase in the above reply from Boeing is, " if a situation arises in
which the aircraft models are to be sold for a profit, please contact us".
Here again is the use of the word, "profit". There is also the concept that
all of the models are freely available, so that if someone is selling a copy
of FlightGear and models, it can be argued that they could not possibly be
deriving "profit" from selling a collection of files that is already
available freely, but are instead deriving a profit from selling
"convenience".
Nevertheless, I am not a lawyer. I don't have much time to think about this
right now, but I think there's some valuable input being supplied here (and
offline). Is there a consensus forming?
Jon
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