Seth Goodman wrote:
Tyler wrote on Tuesday, October 17, 2006 6:42 AM -0500:
Michael M. wrote:
I don't think Debian does the same thing with its "Official Use
Logo." The logo indicates that the project officially has been
approved by Debian, but it doesn't imply any sort of control over
the project by Debian.
But how does Debian decide to approve a project? Do I just ask them
nicely, and then modify the code to my hearts content? Debian doesn't
require a formal code review, but could still revoke their trademark
if they don't like the code, or for any other reason.
My question as well. If someone starts with a snapshot of an official
Debian release, follows the Debian packaging guidelines and fully
complies with the GPL, is there any basis for denying their continued
use of the official Debian logo?
There would have to be. As Tyler already pointed out, the Debian
"Official Use Logo" license says:
"3. We reserve the right to revoke a license for a product"
There's no question that Debian has a "basis" for denying use of the
logo, in legal terms. That's how trademarks work.
I think the question you guys are trying to ask is whether Debian
applies the same "reasonableness" with regard to use of its trademark as
Mozilla is applying with regard to use of the Firefox trademark. I
can't answer that, and to some extent it's a judgment call. You'd have
to look back at any or all instances of Debian's denials --
specifically, at the reasons Debian cited for those denials -- and
decide for yourself. I have seen accusations on a couple of blogs that
Debian is being hypocritical in its position regarding Mozilla, but I've
not seen anyone back that claim up with any analysis supporting that
opinion. (And you know what people say about opinions ...).
But the mere fact that Debian *can* deny usage of its trademark does
not, in and of itself, support the charge of hypocrisy. And on the face
of it, I would say that Debian's general policy is more lenient and more
reasonable than Mozilla's, for the simple reason that Debian does not
require any up-front code review. That doesn't mean that Debian is
necessarily always more reasonable than Mozilla is being.
--
Michael M. ++ Portland, OR ++ USA
"No live organism can continue for long to exist sanely under conditions of absolute
reality; even larks and katydids are supposed, by some, to dream." --S. Jackson
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