On Thu, May 14, 2020 at 12:38 PM Tom Callaway <tcallawa@xxxxxxxxxx> wrote: > > In this case, this is a logo, which is also a trademark (though, not a registered one as far as I can see). > > Since the software does not require the logo to be present (or to be more specific, the software _license_ does not require this), and there are no restrictions on distribution (only modification), it seems to me that this logo presents no real risk or burden to our users or downstream. Additionally, it is noteworthy that the Fedora logos (and other FOSS logos such as the Firefox and Chromium logo) are part of Fedora with similar restrictions on modifying them. Ideally, these restrictions would be separated from the copyright licensing (as they would be more applicable as trademark use guidelines), but the intent is clear. > > Assuming that Richard Fontana agrees, I would be inclined to clarify our stance on permissible content (as found here: https://fedoraproject.org/w/index.php?title=Packaging:What_Can_Be_Packaged) to call out the following as another example of permissible content: > > * Logos/trademarks are permissible, as long as all of the following conditions are met: > A. The logo/trademark files are distributed by the owner (or with the clear and explicit permission of the owner) > B. The logo/trademark files are distributable by third-parties. > C. The logo/trademark files have a direct relationship to software under an acceptable license that is present in Fedora (or about to be added at the same time) > D. Any existing trademark guidelines/restrictions/rules on the logos/trademarks do not prevent Fedora (or anyone) from fully exercising the rights given them in the licensing on the associated software. > Permission to modify is not required for logos/trademarks, but their use must NOT be contingent upon restrictions that would conflict with the license terms of the associated software. Two examples: > 1. The associated software may require the removal or replacement of the logos/trademarks if the software is modified. Removing/replacing the logos does not prevent Fedora (or anyone) from fully exercising the rights given to them in the FOSS software license. In this case, the software and the logos would be permissible, but the logos may have to be removed/replaced if Fedora (or anyone downstream) makes modifications to the software. Packagers in such a situation should be especially careful. > 2. The software license cannot require the logos/trademarks to be used in the software and simultaneously have trademark guidelines that only permit use on unmodified versions of the software. In this scenario, neither the logos nor the software would be permissible in Fedora. > If you're not sure if a logo/trademark is acceptable for inclusion, feel free to bring the specific situation to the attention of Fedora Legal for review. > > **** > Under these criteria, the lua logo would be acceptable (as would the existing Firefox/Chromium logos). > > Thoughts? I agree with the overall direction of this. Some of the specific language could use further iteration. For example, I am not sure this needs to be broader than "logos" since only logo image files would be associated with a non-FOSS copyright license or other terms included in the software limiting permissions normally required of Fedora content. Richard > Tom > > On Thu, May 14, 2020 at 5:39 AM Miro Hrončok <mhroncok@xxxxxxxxxx> wrote: >> >> Hello. I try to package a software that shows the Lua logo in it. >> >> https://bugzilla.redhat.com/show_bug.cgi?id=1834280 >> >> The logo's license is: >> >> Copyright © 1998 Lua.org. Graphic design by Alexandre Nakonechnyj. >> Permission is hereby granted, without written agreement and without license or >> royalty fees, to use, copy, and distribute this logo for any purpose, including >> commercial applications, subject to the following conditions: >> >> - The origin of this logo must not be misrepresented; you must not claim that >> you drew the original logo. >> - The only modification you can make is to adapt the orbiting text to your >> product name. >> - The logo can be used in any scale as long as the relative proportions of its >> elements are maintained. >> >> ---end--- >> >> Clearly, this does not allow modifications, but do we have some exceptions for >> branding? Or do I need to strip the logo out of the package? >> >> -- >> Miro Hrončok >> -- >> Phone: +420777974800 >> IRC: mhroncok >> _______________________________________________ >> legal mailing list -- legal@xxxxxxxxxxxxxxxxxxxxxxx >> To unsubscribe send an email to legal-leave@xxxxxxxxxxxxxxxxxxxxxxx >> Fedora Code of Conduct: https://docs.fedoraproject.org/en-US/project/code-of-conduct/ >> List Guidelines: https://fedoraproject.org/wiki/Mailing_list_guidelines >> List Archives: https://lists.fedoraproject.org/archives/list/legal@xxxxxxxxxxxxxxxxxxxxxxx > > _______________________________________________ > legal mailing list -- legal@xxxxxxxxxxxxxxxxxxxxxxx > To unsubscribe send an email to legal-leave@xxxxxxxxxxxxxxxxxxxxxxx > Fedora Code of Conduct: https://docs.fedoraproject.org/en-US/project/code-of-conduct/ > List Guidelines: https://fedoraproject.org/wiki/Mailing_list_guidelines > List Archives: https://lists.fedoraproject.org/archives/list/legal@xxxxxxxxxxxxxxxxxxxxxxx -- Richard Fontana Senior Commercial Counsel Red Hat, Inc. +1 212 689-4350 (mobile) _______________________________________________ legal mailing list -- legal@xxxxxxxxxxxxxxxxxxxxxxx To unsubscribe send an email to legal-leave@xxxxxxxxxxxxxxxxxxxxxxx Fedora Code of Conduct: https://docs.fedoraproject.org/en-US/project/code-of-conduct/ List Guidelines: https://fedoraproject.org/wiki/Mailing_list_guidelines List Archives: https://lists.fedoraproject.org/archives/list/legal@xxxxxxxxxxxxxxxxxxxxxxx
