I am, as described - a sharey license on the logo in the code and restrictions on the use in trademark guidelines.
Pam On Fri, May 15, 2020 at 10:35 AM Tom Callaway <[email protected]> wrote: > Pam, > > To be absolutely clear, I am not aware of any real-world examples of a set > of trademark guidelines causing incompatibilities, but with the badgeware > licenses... it's hypothetically possible that a malicious actor could try > to create such a scenario. > > Tom > > > > On Fri, May 15, 2020 at 9:49 AM Pamela Chestek <[email protected]> wrote: > >> Ok, now you got me started ... >> >> I would not consider trademark guidelines as enforceable against the user >> of a trademark. You have no idea whether a user ever saw them and probably >> there is no mechanism for obtaining the assent of the person. (OTOH, they >> are enforceable against the trademark owner under equitable principles like >> estoppel.) >> >> So if the copyright license says "modify, share!!", you may not be able >> to undo that by saying in the trademark guidelines, "oh, we didn't really >> mean that thing we said about 'modify, share!!' in the copyright license." >> >> Will you be able to say "well, we're talking about two different things >> here, they can modify and share the *copyright*, but trademark is a >> whole different matter and just because they can copy and share the >> copyright doesn't mean they get to create confusion!!" Yes, you can argue >> that. Will it work? Maybe. Do I think that it's going to work 100% of the >> time? Nope. (Reflect for a moment on patent licenses granted implicitly >> because of the copyright grant.) But what will work 100% of the time is NOT >> granting a "modify, share!!" copyright license to start. >> >> Pam >> >> On Thu, May 14, 2020 at 12:44 PM Tom Callaway <[email protected]> >> wrote: >> >>> Hmmmm. I wonder what the SPDX answer is for "copyright license on a logo >>> that really should be trademark guidelines"... >>> >>> Tom >>> >>> On Thu, May 14, 2020 at 12:41 PM Miro Hrončok <[email protected]> >>> wrote: >>> >>>> On 14. 05. 20 18:37, Tom Callaway wrote: >>>> > In this case, this is a logo, which is also a trademark (though, not >>>> a >>>> > registered one as far as I can see). >>>> > >>>> > Since the software does not require the logo to be present (or to be >>>> more >>>> > specific, the software _license_ does not require this), and there >>>> are no >>>> > restrictions on distribution (only modification), it seems to me that >>>> this logo >>>> > presents no real risk or burden to our users or downstream. >>>> Additionally, it is >>>> > noteworthy that the Fedora logos (and other FOSS logos such as the >>>> Firefox and >>>> > Chromium logo) are part of Fedora with similar restrictions on >>>> modifying them. >>>> > Ideally, these restrictions would be separated from the copyright >>>> licensing (as >>>> > they would be more applicable as trademark use guidelines), but the >>>> intent is clear. >>>> > >>>> > Assuming that Richard Fontana agrees, I would be inclined to clarify >>>> our stance >>>> > on permissible content (as found here: >>>> > >>>> https://fedoraproject.org/w/index.php?title=Packaging:What_Can_Be_Packaged) >>>> to >>>> > call out the following as another example of permissible content: >>>> > >>>> > * Logos/trademarks are permissible, as long as all of the following >>>> conditions >>>> > are met: >>>> > A. The logo/trademark files are distributed by the owner (or with >>>> the clear >>>> > and explicit permission of the owner) >>>> > B. The logo/trademark files are distributable by third-parties. >>>> > C. The logo/trademark files have a direct relationship to software >>>> under an >>>> > acceptable license that is present in Fedora (or about to be added at >>>> the same time) >>>> > D. Any existing trademark guidelines/restrictions/rules on the >>>> > logos/trademarks do not prevent Fedora (or anyone) from fully >>>> exercising the >>>> > rights given them in the licensing on the associated software. >>>> > Permission to modify is not required for logos/trademarks, but their >>>> use must >>>> > NOT be contingent upon restrictions that would conflict with the >>>> license terms >>>> > of the associated software. Two examples: >>>> > 1. The associated software may require the removal or replacement of >>>> the >>>> > logos/trademarks if the software is modified. Removing/replacing the >>>> logos does >>>> > not prevent Fedora (or anyone) from fully exercising the rights given >>>> to them in >>>> > the FOSS software license. In this case, the software and the logos >>>> would be >>>> > permissible, but the logos may have to be removed/replaced if Fedora >>>> (or anyone >>>> > downstream) makes modifications to the software. Packagers in such a >>>> situation >>>> > should be especially careful. >>>> > 2. The software license cannot require the logos/trademarks to be >>>> used in the >>>> > software and simultaneously have trademark guidelines that only >>>> permit use on >>>> > unmodified versions of the software. In this scenario, neither the >>>> logos nor the >>>> > software would be permissible in Fedora. >>>> > If you're not sure if a logo/trademark is acceptable for inclusion, >>>> feel free to >>>> > bring the specific situation to the attention of Fedora Legal for >>>> review. >>>> > >>>> > **** >>>> > Under these criteria, the lua logo would be acceptable (as would the >>>> existing >>>> > Firefox/Chromium logos). >>>> > >>>> > Thoughts? >>>> >>>> This is exactly the rule I assumed we already had but couldn't find. >>>> Thanks. >>>> >>>> BTW If this goes fine, what would I put in License? GPLv2 and Lua Logo? >>>> >>>> -- >>>> Miro Hrončok >>>> -- >>>> Phone: +420777974800 >>>> IRC: mhroncok >>>> >>>> _______________________________________________ >>> legal mailing list -- [email protected] >>> To unsubscribe send an email to [email protected] >>> Fedora Code of Conduct: >>> https://docs.fedoraproject.org/en-US/project/code-of-conduct/ >>> List Guidelines: https://fedoraproject.org/wiki/Mailing_list_guidelines >>> List Archives: >>> https://lists.fedoraproject.org/archives/list/[email protected] >>> >>
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