On Fri, Nov 12, 2010 at 19:40:11 +0100, Didier 'OdyX' Raboud wrote:

> CC'ing Guido; see below.
> 
> Le vendredi 12 novembre 2010 19:06:16 Julien Cristau, vous avez écrit :
> > On Fri, Nov 12, 2010 at 19:03:29 +0100, Didier 'OdyX' Raboud wrote:
> > > Le vendredi 12 novembre 2010 18:46:23 Julien Cristau, vous avez écrit :
> > > > how do you figure that image is a derivative of the logo, making the
> > > > logo's copyright license relevant?
> > > 
> > > Hi,
> > > 
> > > The derivation is obvious when looking at the images.
> > 
> > Not to me it ain't.
> 
> I knew we would disagree, but I'm fine with this; discussion is healthy.
> 
I'm not sure it's the word I'd use for discussion about lawyery stuff
between non-lawyers.  Waste of time would be more like it, so this will
by my last mail here.

> Let's try to summarize my thoughts:
> 
> I consider that any graphical occurence of the "debian" word as it
> appears (with the Poppl-Laudatio-Condensed font, red dot on i,
> lower-case) in the Debian Open Use Logo "with" the word "debian"
> (DOUL-with if spelled short) is to be considered as a derivative of
> it.

So what are you basing this on?

> The specific non-DFSG-free license attached to the DOUL-with is
> there due to "ongoing concerns about trademarks" (that's on [0]). So
> the trademark is essentially the name "debian" as it appears on the
> logo.
> 
No.  The trademark is "Debian".  Nothing to do with how it appears on
the logo.

> My point is that whereever that "debian" trademark appears, it must be
> considered under that restrictive license, otherwise we are basically
> not protecting our trademark.

That doesn't follow, AFAICT.

> Either it is under the restrictive license and it has to be removed
> from main (as a violation of the DFSG), or it is not and it means that
> anybody can draw a pixel-by-pixel identical "debian" word and do
> whatever he wants with it.
> 
Not "do whatever he wants with it".  If the trademark "Debian" is
protected then using it in a way prohibited by trademark law would be a
problem *regardless of whether what's being used is a derivative of the
Debian open use logo with "Debian" or not*.

Cheers,
Julien

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