Re: [steering-discuss] Confused by our Trademark Policy ...

2011-04-01 Thread Charles-H. Schulz
Hello Florian,


Le Tue, 29 Mar 2011 16:52:55 +0200,
Florian Effenberger  a écrit :

> Hi Charles,
> 
> Charles-H. Schulz wrote on 2011-03-23 18.04:
> 
> > Voilà. SC members, feel free to vote again, or shout (but for the
> > very last time).
> 
> thanks a lot for managing this, and for your patience. +1 to the
> policy.
> 
> Just one small thing: Legally, marks do currently *not* belong to
> TDF, as TDF does not exist. They legally belong to OOoDeV, but I
> would waive the necessity to mention that until either OOoDeV has
> renamed itself (the annual meeting will decide on that in April), or
> TDF legally exists.

OK, but then the TM policy is adopted anyway... :)

> 
> Another mark: Maybe we should add a version and/or a date to the TM 
> policy, so we know which version people refer to. Like "TM policy as
> of 2011-03-29"


there's the date on the wiki that's automatically there, with the
revision, etc.  
> 
> And then a note: Google has locked our two marks for use in
> advertising, so I hope this will limit the amount of fraudulent
> sites. Anyone seeking permission to use these marks in advertising
> can also contact the legal@ alias and we can decide on exceptions. I
> want things to be as easy as possible.

+1, thanks for handling this!


TM Policy ADOPTED!


Best,
Charles.
> 
> Florian
> 


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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-29 Thread Florian Effenberger

Hi Charles,

Charles-H. Schulz wrote on 2011-03-23 18.04:


Voilà. SC members, feel free to vote again, or shout (but for the very
last time).


thanks a lot for managing this, and for your patience. +1 to the policy.

Just one small thing: Legally, marks do currently *not* belong to TDF, 
as TDF does not exist. They legally belong to OOoDeV, but I would waive 
the necessity to mention that until either OOoDeV has renamed itself 
(the annual meeting will decide on that in April), or TDF legally exists.


Another mark: Maybe we should add a version and/or a date to the TM 
policy, so we know which version people refer to. Like "TM policy as of 
2011-03-29"


And then a note: Google has locked our two marks for use in advertising, 
so I hope this will limit the amount of fraudulent sites. Anyone seeking 
permission to use these marks in advertising can also contact the legal@ 
alias and we can decide on exceptions. I want things to be as easy as 
possible.


Florian

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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-29 Thread Andre Schnabel
Hi,

 Original-Nachricht 
> Von: "Charles-H. Schulz" 

> 
> So I have replaced trademarks by marks, as well as modified the text
> according to some of your corrections above (not all of them). I'd like
> to call for a vote (the final one) starting now until Tuesday at noon
> Foundation time.


+1

André

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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-29 Thread Thorsten Behrens
Charles-H. Schulz wrote:
> So I have replaced trademarks by marks, as well as modified the text
> according to some of your corrections above (not all of them). I'd like
> to call for a vote (the final one) starting now until Tuesday at noon
> Foundation time.
> 
Looks perfect to me, thanks a lot - +1!

-- Thorsten

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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-28 Thread sophie

Hi all,
On 27/03/2011 16:58, Charles-H. Schulz wrote:

Hello,

[...]So I have replaced trademarks by marks, as well as modified the text

according to some of your corrections above (not all of them). I'd like
to call for a vote (the final one) starting now until Tuesday at noon
Foundation time.

+1

and thanks Charles for your work on this

Kind regards
Sophie


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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-28 Thread Charles-H. Schulz
Le Mon, 28 Mar 2011 18:13:59 +0200,
Italo Vignoli  a écrit :

> On 3/28/11 6:06 PM, Caolan McNamara wrote:
> > On Sun, 2011-03-27 at 15:58 +0200, Charles-H. Schulz wrote:
> >> So I have replaced trademarks by marks, as well as modified the
> >> text according to some of your corrections above (not all of
> >> them). I'd like to call for a vote (the final one) starting now
> >> until Tuesday at noon Foundation time.
> >
> > Let put this one to bed finally, +1.
> 
> +1 as well, Italo
> 

ah I think it needs some more of...
Just kidding. 

+1, of course. 

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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-28 Thread Italo Vignoli

On 3/28/11 6:06 PM, Caolan McNamara wrote:

On Sun, 2011-03-27 at 15:58 +0200, Charles-H. Schulz wrote:

So I have replaced trademarks by marks, as well as modified the text
according to some of your corrections above (not all of them). I'd like
to call for a vote (the final one) starting now until Tuesday at noon
Foundation time.


Let put this one to bed finally, +1.


+1 as well, Italo

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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-28 Thread Caolan McNamara
On Sun, 2011-03-27 at 15:58 +0200, Charles-H. Schulz wrote:
> So I have replaced trademarks by marks, as well as modified the text
> according to some of your corrections above (not all of them). I'd like
> to call for a vote (the final one) starting now until Tuesday at noon
> Foundation time.

Let put this one to bed finally, +1.

C.


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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-28 Thread Michael Meeks

On Sun, 2011-03-27 at 15:58 +0200, Charles-H. Schulz wrote:
> So I have replaced trademarks by marks, as well as modified the text
> according to some of your corrections above (not all of them). I'd like
> to call for a vote (the final one) starting now until Tuesday at noon
> Foundation time.

Perfect ! :-) not that I have a vote, but I'm casting my non-vote for
it :-)

Thanks Charles !

Michael.

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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-24 Thread Michael Meeks
Hi Charles,

On Wed, 2011-03-23 at 18:04 +0100, Charles-H. Schulz wrote:
> I have thus taken Michael's input and adapted it to our existing
> proposal. In substance, the TM policy itself *hasn't changed* I simply
> added one more link in the text to our logo guideline.

Looks good; we still talk exclusively about Trademarks, where I would
really prefer 'Marks' to be used everywhere (as it was at the
beginning). IMHO that separation was introduced to try to create a new
category for logos, and I don't believe we want that.

The exemplary pointer right in the middle of the hard rules is odd. Our
guidelines are extremely practical ;-) so I would say:

- (see our simplified logo policy for more practical information) 
+ (see our simplified logo policy for some examples) 

I would also remove the blurb at the beginning.

"While this document covers the topics related to Trademark
 Policy, you may find more practical information about our
 logos and how to use them here."

as part of that too; no need for two links.

Otherwise, with that included, I'm for approving this this as the best
I can persuade you to iterate to as of now without advice to back me up,
IANAL etc. ;-)

HTH,

Michael.

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Re: [steering-discuss] Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-24 Thread Charles-H. Schulz
Hello Bernhard,


Le Wed, 23 Mar 2011 22:49:04 +0100 (CET),
"Bernhard Dippold" a écrit :

> Hi Charles, all
> 
> while I'm fine with the TM policy,  I think  there should be one more
> case mentioned in the logo policy:
> 
> Charles M. Schultz wrote
> 
> > Hi there,
> > 
> > that's hopefully the last time we do this.
> 
> When you keep your eye on the Trademark policy, voting should be
> possible...
> 
> > [...]
> > 
> > Our logo guideline got a new paragraph at its beginning explaining
> > clearly the use of the TDF mention. 
> 
> The Logo Policy doesn't cover the use case that TDF wants to present
> the logo with subline on an external resource - as officially
> supported reference to LibreOffice and The Document Foundation.
> 
> Do you want to include such use:
> http://www.spi-inc.org/projects/libreoffice/
> in the policy?
> 
> Or is it already covered and I didn't see it?


It is implicitly covered :-)

Best,
Charles.

> 
> Best regards
> 
> Bernhard
> 
> 
> 
> 


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[steering-discuss] Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-23 Thread Bernhard Dippold
Hi Charles, all

while I'm fine with the TM policy,  I think  there should be one more
case mentioned in the logo policy:

Charles M. Schultz wrote

> Hi there,
> 
> that's hopefully the last time we do this.

When you keep your eye on the Trademark policy, voting should be possible...

> [...]
> 
> Our logo guideline got a new paragraph at its beginning explaining
> clearly the use of the TDF mention. 

The Logo Policy doesn't cover the use case that TDF wants to present the 
logo with subline on an external resource - as officially supported reference
to LibreOffice and The Document Foundation.

Do you want to include such use:
http://www.spi-inc.org/projects/libreoffice/
in the policy?

Or is it already covered and I didn't see it?

Best regards

Bernhard




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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-23 Thread Charles-H. Schulz
Hi there,

that's hopefully the last time we do this.
After some discussion here and there it became clear that Mike's latest
proposal (insert some text and keep the existing policies) was the
easiest and the best one. 

I have thus taken Michael's input and adapted it to our existing
proposal. In substance, the TM policy itself *hasn't changed* I simply
added one more link in the text to our logo guideline.

Our logo guideline got a new paragraph at its beginning explaining
clearly the use of the TDF mention. 

See here:
http://wiki.documentfoundation.org/TradeMark_Policy#Non_Permitted_Use
and the logo policy:
http://wiki.documentfoundation.org/Logo_Policy

Voilà. SC members, feel free to vote again, or shout (but for the very
last time).

Best,

-- 
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Membre du Comité exécutif
The Document Foundation.

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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-17 Thread Michael Meeks
Hi guys,

On Wed, 2011-03-16 at 16:56 +0100, Florian Effenberger wrote:
> > general (and I think we do) does the TDF subline and the TDF trademark
> > need a specific, more restrictive trademark policy OR does the TM
> > already cover its usage?
>
> It is indeed a bit confusing. In the beginning, we talk about LibO and 
> TDF trademarks, but then we have this paragraph: "TDF Trademarks should 
> be used in their exact form, neither abbreviated nor combined with any 

Right :-)

> I think Michael raised these concerns already and wanted to legally 
> check it. Michael, any results?

Nope; and I couldn't share any such advice as you know :-) But I think
the points I raised were obvious enough even to an IANAL type such as
myself.

> Sorry for jumping in so late...

Ditto, I've been buried.

Personally - I would be well up for getting the trademark policy out in
its earlier form before we started to try to get the logo distinction
included.

IMHO - we have everything we want to stop crazies pretending to be us
by clearly forbidding:

"2. In any way that indicates a greater degree of association
between you and TDF than actually exists".

I would suggest that we remove the in-text reference to the Logo page;
and yet have a clear statement on the separate Logo page, and perhaps
add a FAQ type link at the bottom ("does using a TDF logo indicate an
association with the project?") that says something like:

"Using a Logo with 'The Document Foundation' sub-line without being
officially recognised as part of TDF idicates a degree of association
that is closer than actually exists, and is therefore in breach of our
trademark guidelines". "Please use the non-TDF mark in its place in its
place etc. etc. ... "

That is a helpful clarification I think.

I'd like to recommend keeping the other bits until we have a foundation
and employed counsel that can advise us on this; but I would also like
to further advise that legal advice is deadly expensive, and usually
extremely vague - handing you the same risks back again; and we have
(perhaps) better things to spend our money on ;-)

My feeling is also that we should fix the over-concern and distinction
of "trademarks" from other marks, and restore the original "Marks"
language that was a result of better advice.

So - in short with a few cleans and I'm happy :-)

HTH,

Michael.

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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-16 Thread Florian Effenberger

Hi Charles,

Charles-H. Schulz wrote on 2011-03-11 14.34:

there's no more formal running vote. We're discussing on what to do
with respect to the TDF trademark itself and the TDF subline. My last
post was asking the following question: If we agree on the TM policy in


I agree, and thanks a lot for drafting and pushing it forward! Just one 
remark: Legally, we should maybe mention "Referred to 'TDF' in this 
document", rather than "short 'TDF'", as the latter one might create the 
impression "TDF" is our trademark as well, which it isn't.


I also would change "widespread use of TDF trademarks" to "widespread 
use of our trademarks", as the former one might raise the impression 
people should use the TDF subline as much as possible, which they 
shouldn't. This term, "TDF trademarks", occurs more often, and probably 
all should be replaced by "our trademarks", to make it clear and avoid 
confusion.


We should also add a separate paragraph "Contact", where we sum up the 
contact possibilities. In addition to the e-mail address, we should also 
add a fax number. Feel free to use mine, which is currently also 
registered with the trademark office, as I'm the legal representant of 
OOoDeV: +49 8341 99660889 (we will this replace then later on with the 
official TDF fax number)


The sentence "Trademarks are not just TDF logos but also the names of 
its various products and projects, as well as the names 
documentfoundation.org and libreoffice.org among others (also called 
word marks), and are collectively referred to as “TDF Trademarks”." is 
wrong. The only thing generally registered as trademark or being filed 
is "LibreOffice" and "The Document Foundation", solely as word mark. No 
logos, no URLs and the like. These can, however, be covered by copyright 
or competition law, and we should add a sentence. Sorry for being so 
touchy here, but in some countries claiming TMs you don't have is even a 
crime.


Legally, we should also avoid saying at the moment that the trademarks 
belong to TDF, as legally, they belong to OOoDeV. However, if this 
policy will be put in place only as soon as the foundation legally 
exists, leave it in the draft. In that case, don't worry about my fax 
number, rather wait until we have our own office or contact point. :-)



general (and I think we do) does the TDF subline and the TDF trademark
need a specific, more restrictive trademark policy OR does the TM
already cover its usage?


It is indeed a bit confusing. In the beginning, we talk about LibO and 
TDF trademarks, but then we have this paragraph: "TDF Trademarks should 
be used in their exact form, neither abbreviated nor combined with any 
other word or words. TDF has a set of acceptable logos for general use. 
If you are not sure where they are please inquire on our lists. Only the 
logos that bear the exact mention of the software name with the mention 
“The Document Foundation” are reserved for the sole and official use of 
TDF as an entity, for instance on splash screens from software builds 
compiled by the Document Foundation or DVD labels officially stemming 
from the Document Foundation. You may not use this set of logos but only 
the logos bearing the software name without the Document Foundation's 
mention."


I think Michael raised these concerns already and wanted to legally 
check it. Michael, any results?


Sorry for jumping in so late... although this mail is rather long, I 
think the points addressed are just minor and do not touch the general 
intention of the TM policy. :)


Florian

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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-11 Thread Charles-H. Schulz
Hi,

Le Wed, 09 Mar 2011 19:18:31 +0100,
Florian Effenberger  a écrit :

> Hi,
> 
> sorry for stepping in so late on this, the last days have been a bit 
> busy with off-TDF things. :-)
> 
> I've lost plot a bit: Is there a formal vote running now, or do we
> need to clarify the situation with regards to the TDF tagline?
> 

there's no more formal running vote. We're discussing on what to do
with respect to the TDF trademark itself and the TDF subline. My last
post was asking the following question: If we agree on the TM policy in
general (and I think we do) does the TDF subline and the TDF trademark
need a specific, more restrictive trademark policy OR does the TM
already cover its usage?

Best,

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Membre du Comité exécutif
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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-09 Thread Florian Effenberger

Hi,

sorry for stepping in so late on this, the last days have been a bit 
busy with off-TDF things. :-)


I've lost plot a bit: Is there a formal vote running now, or do we need 
to clarify the situation with regards to the TDF tagline?


Florian

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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-08 Thread Charles-H. Schulz
Hi,

I turned this discussion inside out in my mind, and I think that we can
perhaps work it out if we ask a different question.
We all agree on the TM policy itself (we do, I think). There is but one
detail concerning the use of the TDF subline in a logo that is understood as
somewhat different (or not). The reason we have this discussion is that we,
or at least a majority of us believe that TDF itself on a logo should not be
used that easily.

So the question is: does the TM policy in abstracto give enough protection
to all of our trademarks, logos etc? If not, can we insert some additional
languages?

Hope this helps,

Charles.

2011/3/8 Thorsten Behrens 

> Bernhard Dippold wrote:
> > As you should vote on the Trademark Policy, perhaps it would be
> > reasonable to leave the Logo Policy (having less legal weight IMHO)
> > aside for the moment.
> >
> Hi Bernhard, all,
>
> well maybe - but maybe we should beforehand try to reach mutual
> agreement on what we want to achieve (unless we want to go back &
> change the trademark policy, possibly) -
>
> > Perhaps it would be sufficient to add a few words to this paragraph:
> >
> Hm, I don't think that really clears things up enough?
>
> > When you distribute a product that is allowed to be called
> > LibreOffice (and this has to be defined when it is compiled - at
> > least this is what I think as non-coder), this product contains the
> > logo *with* TDF subline, as it is "substantially unmodified".
> >
> Yes, and
>
> > > * Community made DVDs or USB keys with "LibreOffice"
> > > * Supporter websites referring to "LibreOffice"
> >
> > It's the Usage Examples paragraph, the Rules paragraph is above:
> > "Individual community members and other people referring to our
> > product and the community should use the logo without the subline."
> > >
> > > As contrasted to the TDF mark, which is reserved for "substantially
> > >unmodified" software. Does that mean we are even defending the
> > >LibreOffice mark at all ? what are the limits on its use ? the TM policy
> > >says it can only be used for "Substantially unmodified" software too.
> >
> > That's the basic rule - nothing has changed here.
> >
> > The product is only allowed to be called "LibreOffice", if it
> > contains the "substantially unmodified binaries".
> >
> > But in the description of this product, references to the community,
> > merchandise or support people should not use the logo with TDF
> > subline, if they don't speak for the community or TDF.
> >
> And this is not clearly separated at all, I'm afraid. The catch is
> that there's a very fuzzy border between a splash screen (being
> permitted to display TDF), and a screenshot on a box (*not* being
> permitted to display TDF, if handed out by a mere community member,
> if I interpret you right?)
>
> > No - Charles just want to provide different visuals - and as they
> > aren't protected by an image mark, they can't interfere with the
> > wordmarks.
> >
> I think that was Michael's issue - with the link to the logo
> guidelines, they actually affect each other, legally. ;)
>
> So if you're ok that if in doubt, the Trademark rules are the
> authoritative ones (i.e. I don't want to revisit them, should we
> later discover they contradict the intended logo guidelines), then
> I'd agree with your proposal to remove the link to the logo
> guidelines and approve the trademark rules as-is.
>
> Cheers,
>
> -- Thorsten
>
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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-07 Thread Thorsten Behrens
Bernhard Dippold wrote:
> As you should vote on the Trademark Policy, perhaps it would be
> reasonable to leave the Logo Policy (having less legal weight IMHO)
> aside for the moment.
> 
Hi Bernhard, all,

well maybe - but maybe we should beforehand try to reach mutual
agreement on what we want to achieve (unless we want to go back &
change the trademark policy, possibly) -

> Perhaps it would be sufficient to add a few words to this paragraph:
> 
Hm, I don't think that really clears things up enough?

> When you distribute a product that is allowed to be called
> LibreOffice (and this has to be defined when it is compiled - at
> least this is what I think as non-coder), this product contains the
> logo *with* TDF subline, as it is "substantially unmodified".
> 
Yes, and

> > * Community made DVDs or USB keys with "LibreOffice"
> > * Supporter websites referring to "LibreOffice"
> 
> It's the Usage Examples paragraph, the Rules paragraph is above:
> "Individual community members and other people referring to our
> product and the community should use the logo without the subline."
> >
> > As contrasted to the TDF mark, which is reserved for "substantially
> >unmodified" software. Does that mean we are even defending the
> >LibreOffice mark at all ? what are the limits on its use ? the TM policy
> >says it can only be used for "Substantially unmodified" software too.
> 
> That's the basic rule - nothing has changed here.
> 
> The product is only allowed to be called "LibreOffice", if it
> contains the "substantially unmodified binaries".
> 
> But in the description of this product, references to the community,
> merchandise or support people should not use the logo with TDF
> subline, if they don't speak for the community or TDF.
> 
And this is not clearly separated at all, I'm afraid. The catch is
that there's a very fuzzy border between a splash screen (being
permitted to display TDF), and a screenshot on a box (*not* being
permitted to display TDF, if handed out by a mere community member,
if I interpret you right?)

> No - Charles just want to provide different visuals - and as they
> aren't protected by an image mark, they can't interfere with the
> wordmarks.
>
I think that was Michael's issue - with the link to the logo
guidelines, they actually affect each other, legally. ;)

So if you're ok that if in doubt, the Trademark rules are the
authoritative ones (i.e. I don't want to revisit them, should we
later discover they contradict the intended logo guidelines), then
I'd agree with your proposal to remove the link to the logo
guidelines and approve the trademark rules as-is.

Cheers,

-- Thorsten

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Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-07 Thread Bernhard Dippold

Hi Michael, Charles, all,

please let me describe how I think it is meant - probably we need to 
rephrase the Logo policy (but not the Trademark Policy).


As you should vote on the Trademark Policy, perhaps it would be 
reasonable to leave the Logo Policy (having less legal weight IMHO) 
aside for the moment.


It can be fine-tuned later on.

If you want the Logo Policy to become a relevant part, then you should 
consider to add a link (and/or a one-line description) to the Policies 
paragraph (merchandise, services). At the moment this paragraph doesn't 
differ between the different logos.


Perhaps it would be sufficient to add a few words to this paragraph:

At the moment it reads:
You may create and sell merchandise using TDF Trademarks without 
additional permission provided that you use only unmodified graphics 
from the logo page on TDF and LibreOffice websites.


Adding "for that purpose" restricts the use of the "internal" logo:

You may create and sell merchandise using TDF Trademarks without 
additional permission provided that you use only unmodified graphics for 
that purpose from the logo page on TDF and LibreOffice websites.


If you are interested in my perception of the Logo Policy, please read 
on - even if the topic is tightly connected, it is a different one...


Michael Meeks schrieb:

Hi Charles,

On Thu, 2011-03-03 at 16:42 +0100, Charles-H. Schulz wrote:

   I inserted
   inside the Logo policy page the notion of "substantially unmodified
   version of LibreOffice" that already exists in the Trademark Policy.


This is a direct reference to the Trademark Policy - I don't know if it 
is necessary to repeat it here.


The main point for the product is:

When you distribute a product that is allowed to be called LibreOffice 
(and this has to be defined when it is compiled - at least this is what 
I think as non-coder), this product contains the logo *with* TDF 
subline, as it is "substantially unmodified".




Sure - but the Logo page seems to suggest to me that you can use the
LibreOffice logo for anything at all - the "Usage example" seems to
accept that you -can- use the "LibreOffice" name for:

* Community made DVDs or USB keys with "LibreOffice"
* Supporter websites referring to "LibreOffice"


It's the Usage Examples paragraph, the Rules paragraph is above:
"Individual community members and other people referring to our product 
and the community should use the logo without the subline."


As contrasted to the TDF mark, which is reserved for "substantially
unmodified" software. Does that mean we are even defending the
LibreOffice mark at all ? what are the limits on its use ? the TM policy
says it can only be used for "Substantially unmodified" software too.


That's the basic rule - nothing has changed here.

The product is only allowed to be called "LibreOffice", if it contains 
the "substantially unmodified binaries".


But in the description of this product, references to the community, 
merchandise or support people should not use the logo with TDF subline, 
if they don't speak for the community or TDF.




Reading the legalse, I am -very- confused; it seems like there are a
lot of things that we are trying to use this policy for:

* restricting spokespeople to a chosen set
* ensuring that binaries integrity and origin is known
* defending our trademark so it is valid: ie. it must be
  LibreOffice


You're right: These are parts of the Trademark Policy, but for the first 
point misinterpretation should be reduced by appliance of the Logo Policy.


Then there are two sets of marks:

* LibreOffice
* The Document Foundation


Right.


And it (seems) to me - that we want to have a different policy for
these two marks.


No - Charles just want to provide different visuals - and as they aren't 
protected by an image mark, they can't interfere with the wordmarks.


Well - worse than that - I read the "Trademark Guidelines" - which
incidentally are quite good legalese, and it says there is no
difference. Then I read the "Rules" page, and it says there is a
difference.

Which is correct ?


The Trademark Guidelines.

There is no way to use the word "LibreOffice" in a way that is not in 
agreement with the Trademark Policy.


But the logo to be used for this reference exists in two different 
versions. One for TDF and community, one for everybody else.



   It fixes the inconsistency or even the contradiction between the two.
   You may object of course we might just merge the two pages, but
   that's where I disagree: Legally speaking, trademarks, logos, image
   marks, wordmarks are different notions and have different values.


+1


Really - I strongly dislike this belief that we want different rules to
a logo vs. word-mark, vs. Trademark. Are we really saying it is ok for
someone to call it "LibreOffice, The Document Foundation" - if they use
a differe

Re: [steering-discuss] Confused by our Trademark Policy ...

2011-03-07 Thread Charles-H. Schulz
Hello Michael,


Le Mon, 07 Mar 2011 15:57:10 +,
Michael Meeks  a écrit :

> Hi Charles,
> 
> On Thu, 2011-03-03 at 16:42 +0100, Charles-H. Schulz wrote:
> >   I inserted
> >   inside the Logo policy page the notion of "substantially
> > unmodified version of LibreOffice" that already exists in the
> > Trademark Policy.
> 
>   Sure - but the Logo page seems to suggest to me that you can
> use the LibreOffice logo for anything at all - the "Usage example"
> seems to accept that you -can- use the "LibreOffice" name for:
> 
>   * Community made DVDs or USB keys with "LibreOffice"
>   * Supporter websites referring to "LibreOffice"
> 
>   As contrasted to the TDF mark, which is reserved for
> "substantially unmodified" software. Does that mean we are even
> defending the LibreOffice mark at all ? what are the limits on its
> use ? the TM policy says it can only be used for "Substantially
> unmodified" software too.
> 
>   Reading the legalse, I am -very- confused; it seems like
> there are a lot of things that we are trying to use this policy for:
> 
>   * restricting spokespeople to a chosen set
>   * ensuring that binaries integrity and origin is known
>   * defending our trademark so it is valid: ie. it must be
> LibreOffice
> 
>   Then there are two sets of marks:
> 
>   * LibreOffice
>   * The Document Foundation
> 
>   And it (seems) to me - that we want to have a different
> policy for these two marks.
> 
>   Well - worse than that - I read the "Trademark Guidelines" -
> which incidentally are quite good legalese, and it says there is no
> difference. Then I read the "Rules" page, and it says there is a
> difference.
> 
>   Which is correct ?
> 
> >   It fixes the inconsistency or even the contradiction between the
> > two. You may object of course we might just merge the two pages, but
> >   that's where I disagree: Legally speaking, trademarks, logos,
> > image marks, wordmarks are different notions and have different
> > values.
> 
>   Really - I strongly dislike this belief that we want
> different rules to a logo vs. word-mark, vs. Trademark. Are we really
> saying it is ok for someone to call it "LibreOffice, The Document
> Foundation" - if they use a different font/set of colors / style of
> writing ? :-) I hope not.
> 
>   Mozilla use a single policy for their "Marks" and IMHO we
> should do the same (as the original, legally reviewed guidelines did)
> - I see you replaced "Mark" with "Trademark" in each case, I don't
> think this makes for a clear, crisp policy.
> 
> > Thank you everyone... I guess the vote is being reconducted for one
> > more period of 24 hours now.
> 
>   My take is: that the situation gets more confused rather than
> clearer the more that the pages are edited :-) The original TM
> policy, as reviewed some weeks ago was good, currently it is not
> watertight.
> 
>   I would strongly suggest we step back and re-consider
> actually what it is we want to achieve with this separation of
> different logos / marks; it is -highly- unclear to me.
> 
>   Then I suggest we write that down clearly, succinctly, and
> minimally - in tight language that can be understood by everyone.
> 
>   That is IMHO not where we are today; so I recommend we do not
> approve the policy in its current form; sorry.
> 
>   HTH,
> 
>   Michael.
> 

Normally I woud probably start to rant but you're outlining something
important here :-)

I think if you're confused then other people are confused. I think that
the TM policy is trying to address one global situation while keeping
one specific exception (the TDF outline) as a somewhat more restrictive
usage. 

The TM policy should be kept as is, probably, but we should come up
with one specific exception for TDF, included right inside the text.
Which means we need to draft one more paragraph into it. What do you
(and the others) think

-- 
Charles-H. Schulz
Membre du Comité exécutif
The Document Foundation.

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[steering-discuss] Confused by our Trademark Policy ...

2011-03-07 Thread Michael Meeks
Hi Charles,

On Thu, 2011-03-03 at 16:42 +0100, Charles-H. Schulz wrote:
>   I inserted
>   inside the Logo policy page the notion of "substantially unmodified
>   version of LibreOffice" that already exists in the Trademark Policy.

Sure - but the Logo page seems to suggest to me that you can use the
LibreOffice logo for anything at all - the "Usage example" seems to
accept that you -can- use the "LibreOffice" name for:

* Community made DVDs or USB keys with "LibreOffice"
* Supporter websites referring to "LibreOffice"

As contrasted to the TDF mark, which is reserved for "substantially
unmodified" software. Does that mean we are even defending the
LibreOffice mark at all ? what are the limits on its use ? the TM policy
says it can only be used for "Substantially unmodified" software too.

Reading the legalse, I am -very- confused; it seems like there are a
lot of things that we are trying to use this policy for:

* restricting spokespeople to a chosen set
* ensuring that binaries integrity and origin is known
* defending our trademark so it is valid: ie. it must be
  LibreOffice

Then there are two sets of marks:

* LibreOffice
* The Document Foundation

And it (seems) to me - that we want to have a different policy for
these two marks.

Well - worse than that - I read the "Trademark Guidelines" - which
incidentally are quite good legalese, and it says there is no
difference. Then I read the "Rules" page, and it says there is a
difference.

Which is correct ?

>   It fixes the inconsistency or even the contradiction between the two.
>   You may object of course we might just merge the two pages, but
>   that's where I disagree: Legally speaking, trademarks, logos, image
>   marks, wordmarks are different notions and have different values.

Really - I strongly dislike this belief that we want different rules to
a logo vs. word-mark, vs. Trademark. Are we really saying it is ok for
someone to call it "LibreOffice, The Document Foundation" - if they use
a different font/set of colors / style of writing ? :-) I hope not.

Mozilla use a single policy for their "Marks" and IMHO we should do the
same (as the original, legally reviewed guidelines did) - I see you
replaced "Mark" with "Trademark" in each case, I don't think this makes
for a clear, crisp policy.

> Thank you everyone... I guess the vote is being reconducted for one
> more period of 24 hours now.

My take is: that the situation gets more confused rather than clearer
the more that the pages are edited :-) The original TM policy, as
reviewed some weeks ago was good, currently it is not watertight.

I would strongly suggest we step back and re-consider actually what it
is we want to achieve with this separation of different logos / marks;
it is -highly- unclear to me.

Then I suggest we write that down clearly, succinctly, and minimally -
in tight language that can be understood by everyone.

That is IMHO not where we are today; so I recommend we do not approve
the policy in its current form; sorry.

HTH,

Michael.

-- 
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