Bug#757621: Octocat Ball is non-free (trademark)

[Markus Koschany]

On Sun, 10. Aug 16:41 Calinou  wrote:
> But, isn't it non-free anyway? Since you can't modify and distribute
> it like you would distribute something under public domain or GPL,
> as the permission is exclusive.

Apparently you are confusing trademark with copyright. A
trademark is "a recognizable sign, design or expression which
identifies products or services of a particular source from those of
others." Debian is a registered trademark too and has also a trademark policy 
that
restricts the usage of Debian's logos, signs or name to certain
conditions.

https://www.debian.org/trademark

That doesn't make Debian non-free. There are also many other open-source
projects that have a similar trademark policy and they are not
considered non-free by the Debian community.

https://en.wikipedia.org/wiki/List_of_trademarked_open-source_software

You can use Neverball in full compliance with the GPL and since Github
has given permission to use its trademark in-game there is
absolutely no reason to remove the octocat ball from the game.

> It may also be seen as encouraging usage of GitHub.

This may be your opinion but it is irrelevant for the issue at hand.



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Bug#757621: Octocat Ball is non-free (trademark)

[Calinou]

But, isn't it non-free anyway? Since you can't modify and distribute it 
like you would distribute something under public domain or GPL, as the 
permission is exclusive.


It may also be seen as encouraging usage of GitHub.


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Bug#757621: Octocat Ball is non-free (trademark)

[Markus Koschany]

Hello,

On 09.08.2014 23:45, Calinou wrote:
> Package: neverball
> Version: 1.6.0-2
> Severity: serious
> 
> The game includes several balls, which the player can choose from (the
> difference is purely cosmetic, nothing gameplay-related is involved).
> However, 1.6.0 includes a problematic one, the Octocat Ball which is
> likely non-free, since it's a registered trademark of GitHub, Inc
> .
> 
> I guess “censoring” (by removing the ball or adding a placeholder
> instead) will work in order to fix that.

The developers of Neverball asked for permission to use the Octocat logo
in the way as you can see it in the game today. They got written
permission from Github to use the trademark logo inside the game.

http://sources.debian.net/src/neverball/1.6.0-2/doc/legal/license-octocat.md/

Quote from Josh "Cheeseness" Bush on behalf of the Neverball community
==
Hi there! We've just moved our F/OSS project
[Neverball](https://github.com/Neverball/neverball) to GitHub and would
 like to add an Octocat themed bonus ball in the game to celebrate.

I have made a work-in-progress ball, but would like to seek permission
before including it in the game, as it seems to be outside the preferred
usage.

![screen00011](https://f.cloud.github.com/assets/1570520/1541274/769b1678-4d32-11e3-9ae3-ec80c46e414a.png)

Many thanks <3

Cheese
==


Quote from Github staff:
==


Hi Cheese,

I bring you rad tidings from the Octocat-tamers! It's totally cool for
you to include the Octocat bonus ball in the way you've outlined.

Thanks so much for checking in with us first, and happy new-GitHub-home
to Neverball!

Cheers,

Haleigh

===


If I don't hear any valid objections in the next couple of days, I
intend to resolve this bug by adding the above paragraph to
debian/copyright to clarify the usage of the Octocat logo.

Markus








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Bug#757621: Octocat Ball is non-free (trademark)

[Calinou]

Package: neverball
Version: 1.6.0-2
Severity: serious

The game includes several balls, which the player can choose from (the 
difference is purely cosmetic, nothing gameplay-related is involved). 
However, 1.6.0 includes a problematic one, the Octocat Ball which is 
likely non-free, since it's a registered trademark of GitHub, Inc 
.


I guess “censoring” (by removing the ball or adding a placeholder 
instead) will work in order to fix that.



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