[Fedora-legal-list] Verifying Fedora from unofficial remixes that have removed the Fedora trademarks

[Tom "spot" Callaway]

On 10/29/2010 09:57 AM, "Jóhann B. Guðmundsson" wrote:
> Is there anything legally prohibiting or restricting us on verifying and
> gather information if users are running Fedora or are running some
> unofficial remix that have removed the Fedora trademarks?

It is difficult/impossible to answer this question without specifics on
implementation. This may seem a bit opposite from what you've asked for,
but it is how lawyers prefer to work.

Let me instead say the following:

Smolt already records the OS/Distro when users opt-in. I assume it looks
in /etc/redhat-release or /etc/fedora-release (and other places for
non-Fedora/Red Hat distros).

It is fine to look at the Smolt counts to guestimate how many remixes
are out there, with the understanding that some remixes may not be using
Smolt.

If you have another specific proposal, I'd be willing to look it over.

> If we are not allowed to gather this data in anyway or form can the
> unofficial remix be legally bound to notify us of their existence and or
> provide us with that data so we could have some kind of an idea on how
> many remixes are out there which Fedora is "upstream" for?

I am unaware of any existing requirement that remixes "notify" anyone of
their existence. It is likely that if we attempted to impose such a
requirement upon modification of Fedora, it would conflict with the Free
Software licensing that Fedora is built on. FWIW, I do not see the merit
of any such requirement, except to make it more difficult for remixes to
exist. Unless a remix is using the Fedora trademarks outside of the
Trademark Usage Guidelines, my inclination is to simply let them do what
they wish.

~spot