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Re: The current Trademark License Agreement is unacceptable



Am Donnerstag, den 27.08.2009, 15:39 -0600 schrieb Stephen John Smoogen:
> On Thu, Aug 27, 2009 at 3:28 PM, Richard Koerber<fedora ml shredzone de> wrote:
> > Hi Paul!
> >
> > Thank you for your answer. Like Christoph, I am also concerned about signing
> > the TLA for my German Fedora web site. I will try to explain my concerns, even
> > though it will be difficult for me, since the topic is rather complex and
> > English isn't my native language.
> >
> >> Section 3 only contemplates a transfer of the domain name.  There's no
> >> implication for the content of the website (data), which remains the
> >> property of the previous owner.  You can transfer a domain name
> >> without transferring any data or content, but I suspect you knew that
> >> already. ;-)
> >
> > I do not completely agree. The TLA also says: "The right to use the Licensor's
> > Trademarks will cease immediately upon the termination or expiration of this
> > Agreement and Licensee must immediately discontinue use of the Licensor's
> > Trademarks."
> >
> > If I understand it correctly, it means that after termination, I would not
> > only have to give away the domain, but I would also have to stop using the
> > word "Fedora" at all.
> 
> As someone told me long ago, when you start having ideas about
> absolutes in law, go see a lawyer. They are the only one who are
> qualified to properly parse that for you. 

The problem is: Who can afford a lawyer? This is American trade mark
law, so you not only need a common lawyer but an expert for intellectual
property rights. Is Red Hat really expecting their community members to
pay for a lawyer if they want to contribute? That would be ridiculous. 

Regards,
Christoph

P.S.: Bug thanks to Paul for his explanations, although I cannot
subscribe to his POV. I will reply tomorrow, now I'm too sleepy.


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