To me, this seems a bit different from the usual advertising clauses,
which usually say something like “this notice must be reproduced in all
copies and derivative works etc etc”.
https://developer.steinberg.help/display/VST/Steinberg+VST+usage+guidelines
The restrictions demand that “whenever ‘VST’ is used, or the SDK is used
to create a product, or when the SDK is included”, the logo must be
displayed on all web pages related to the product, all documentation for
the product, and any physical package for the product.
My not-a-lawyer worry would be that, if these restrictions are
enforceable in combination with GPLv3, “Fedora Linux” could be found to
be “the product” here.
I’m the maintainer of the giada package in Fedora and the instigator of
the original thread on VST3 SDK licensing. I’m very interested to see
the final determination on whether or not Section 7 of the GPLv3
provides an “escape hatch” such that VST3 could be acceptable in Fedora
after all.
– Ben Beasley
On 7/29/21 2:46 PM, Neal Gompa wrote:
On Thu, Jul 29, 2021 at 11:33 AM Pamela Chestek <pchestek@xxxxxxxxx> wrote:
IMO, a requirement that a logo be included is not an additional restriction permitted by the GPLv3. Under Section 7(b), it is not a "legal notice" (a trademark is not a notice, it's branding) or an "author attribution" (copyright authorship and branding are entirely different things). It is effectively the opposite of what Sections 7(c), (d) and (e) permit, forcing the misrepresentation of the product if someone has modified the code (the logo indicates that the product is the authentic original software but it may not be if it's been modified), it is forcing using a name for publicity purposes, and it is requiring the use of a trademark, not prohibiting it.
IANAL, but it's effectively an advertising clause, though I'm not sure if it's
part of the license of the code or the name. The GPL specifically
doesn't cover licensing the name itself, so trademark rules can be
whatever.
--
真実はいつも一つ！/ Always, there's only one truth!
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