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?
Tom
On Thu, May 14, 2020 at 5:39 AM Miro Hrončok <mhroncok(a)redhat.com> 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(a)lists.fedoraproject.org
To unsubscribe send an email to legal-leave(a)lists.fedoraproject.org
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@lists.fedoraproject.org