Le mardi 07 octobre 2008 à 10:31 +0200, Josselin Mouette a écrit :
> I’ll ask for clarifications about the rest.

And here are the clarifications.

My understanding is the following:
      * We can call the distributed software Xen as long as it is
        compatible with upstream regarding to VM images support. The
        compatibility test is not yet available, but we could easily
        setup a test suite to be run manually when in doubt. In all
        cases, I’m pretty sure any incompatibility would already be
        considered a bug, and full compatibility with upstream is
        something that we should definitely advertise.
      * If someone wants to make an incompatible version, he will have
        to change the name. Personally, I don’t think this restriction
        is incompatible with the DFSG, as there are no real restrictions
        on modifications. Since we have hands free for patches that are
        relevant to us, this is not a Mozilla-like situation.
      * If we really want to take the paranoid stanza, I guess it would
        be fine to keep the package names and change the descriptions to
        make it clear it is “based on Xen”. However I would find it
        detrimental for both Debian and upstream.

Cheers,
-- 
 .''`.
: :' :      We are debian.org. Lower your prices, surrender your code.
`. `'       We will add your hardware and software distinctiveness to
  `-        our own. Resistance is futile.
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Hi Josselin

See inline.

> -----Original Message-----
> From: Josselin Mouette [mailto:[EMAIL PROTECTED]
> Sent: Tuesday, October 07, 2008 2:31 AM
> To: Stephen Spector
> Cc: [EMAIL PROTECTED]
> Subject: RE: About the Xen trademark policy
> 
> Le vendredi 03 octobre 2008 à 13:02 -0400, Stephen Spector a écrit :
> > Thanks for your email and I am glad that Debian is continuing to
> > support Xen in your product releases. I see no issue with Debian
> > moving forward as you suggest at this time with Xen logo and wording
> > usage. We are still working on the FIT test and it is not ready at
> > this time for official publication.
> 
> Sorry to bother you again, but actually some people in the project
> asked me to clarify the following points:
>       * Are we allowed to distribute our modified versions using the
> Xen
>         name? (I already understand that the answer is yes.)

Yes

>       * Are we allowed to distribute commercially our modified versions
>         using the Xen name?

Commercial products that are sold to customers can use the Xen name if they 
commit to the compatibility goals of the Xen project (ie we use the name solely 
to ensure that any VM created on any Xen implementation will run on any other 
Xen implementation).  The compatibility goals are enshrined in the "FIT" test 
which stands for Faithful Implementation Test.

The Xen project specifically regards Xen compatibility and uniformity of 
management APIs as key to the goals of the project  (we want fast, free, 
compatible, ubiquitous implementations of the same technology only insofar as 
the technology meets the compatibility goals.  Customers rely on that as a key 
requirement for their virtualized infrastructure)

>       * Are our users allowed to redistribute, commercially or not, our
>         modified versions, using the Xen name?

Any free/community use can do whatever it wants, quite literally.  Any 
commercial distribution that wishes to call itself Xen must be compatible with 
other Xen branded commercial offerings, otherwise the commercial distribution 
is not Xen.   This is determined by the FIT test.  In the latter case, where an 
arbitrary, possibly incompatible variant of the code base is commercially 
distributed then it clearly isn't Xen, however it may still use the (factually 
correct) term "Xen based" or "Xen derived" or similar.

>       * Are our users allowed to redistribute, commercially or not,
>         versions they have modified further, using the Xen name?

Community - yes, anything is allowed.  Commercial implementations must support 
our user base / customer base's key demands for compatibility as defined in the 
FIT test.

> 
> There are quite a number of our users who propose commercial Debian-
> based offers, and we need to ensure that they will not violate your
> trademark policy by doing so

Absolutely. Please understand that the policy is in place specifically to 
counter claims (from competitive non open source technologies/companies) that 
Xen is "fragmented and incompatible and with a weak ISV ecosystem".  Our 
aspiration is for that not to be the case - through unification of the vendors 
around a simple test of compatibility - the FIT.

> 
> Of course, we are ready to accept some conditions on the range of
> allowed modifications, and the FIT test idea looks acceptable to me; we
> still consider the software to be free since we can modify it further
> by changing the name.

I certainly hope that we meet your needs.  Let me emphasize that we view 
satisfying the needs of the Debian community as a key goal here - we have 
utmost respect for the Debian team's deep suspicion of trademarks in general; 
in the case of Xen it has turned out that the compatibility requirement is 
absolutely paramount in users' minds, and so the project sought to align the 
vendors to achieve compatibility using the TM as the only tool at our disposal.

If you folks have any suggestions we'd be very keen to hear them.

Thanks and best

Simon


> 
> Cheers,
> --
>  .''`.
> : :' :      We are debian.org. Lower your prices, surrender your code.
> `. `'       We will add your hardware and software distinctiveness to
>   `-        our own. Resistance is futile.


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