Close, but not quite. My concern is an express copyright license that allows very liberal use. So I am person who wants to modify the software, add malware, and go ahead and plant a logo on it that is under a license that says essentially I can use the logo any way I want. So my use of the logo is licensed, my malware is licensed (because I can modify the software anyway I want), I'm good. Ok, maybe you have trademark guidelines that say I can't do that, but who cares? I have an express license to the logo and I may never have seen the guidelines anyway (much less agreed to them), so they aren't enforceable against me. Why aren't I home free? You can say "ah, that copyright license says you can use the design but not the goodwill." Good luck with that - will it work? Sometimes, yes. Always, no. The moral of the story is don't put your logos under a FOSS (or CC) license. All rights reserved on those suckers. Which is my original quibble, the copyright license IS the right place to be putting the restriction.
Pam
On Fri, May 15, 2020 at 2:43 PM Tom Callaway <tcallawa@xxxxxxxxxx> wrote:
I think the point of note here is that requiring the removal of trademarks in modification scenarios does not conflict with the open source license of the Eclipse works. The hypothetical concern is that a trademarks guidelines for use somehow create a situation where it is not possible to comply with them and the open source software copyright license at the same time, and I believe Pam is asserting that she did not think that was possible.TomOn Fri, May 15, 2020 at 1:29 PM Florian Weimer <fw@xxxxxxxxxxxxx> wrote:* Pamela Chestek:
> I am, as described - a sharey license on the logo in the code and
> restrictions on the use in trademark guidelines.
Isn't that quite common?
For example, the trademark license published by the Eclipse Foundation
attempts to use trademarks to prevent redistribution of modified
sources without full-scale renaming of everything:
| Unless otherwise agreed to in advance in writing (which may be in
| email form) by Eclipse, the following restrictions apply:
| […]
| Nobody other than Eclipse open source projects may develop or
| maintain software packages that use 'org.eclipse' in their namespace
<https://www.eclipse.org/legal/logo_guidelines.php>
But your initial observation applies here as well—these additional
restrictions are rather deeply buried on their web site.
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