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Re: [virt-tools-list] [libosinfo] Provide logo URLs for Fedora, Ubuntu & Windows



On Wed, Feb 15, 2012 at 02:02:28AM +0200, Zeeshan Ali (Khattak) wrote:
> On Wed, Feb 15, 2012 at 1:57 AM, Zeeshan Ali (Khattak)
> <zeeshanak gnome org> wrote:
> > From: "Zeeshan Ali (Khattak)" <zeeshanak gnome org>
> 
> This obsoletes the previous "Provide logo URLs for Fedora and Ubuntu"
> patch from me. If for some reason you are not convinced with the
> important of these patches, see this Boxes screenshot :)
> 
> http://static.fi/~zeenix/tmp/boxes+win-fedora-ubuntu-iso-logos.png

While the motivation to display logos is fine, after reviewing the Fedora
legal guidance on use of logos I think I'll have to NACK this patch for
now. This mail contains the details:

  https://lists.fedoraproject.org/pipermail/legal/2011-April/001615.html

> 1. Distribution of the icons containing the logo files is not connected
> to whether the use is infringement or not (which makes sense, we don't
> get a free pass on using a trademarked logo improperly just because we
> didn't distribute it). This doesn't mean that we can distribute icons
> containing trademarks either, just that the two items aren't connected.

Based on this point, the trademark issue is not focused around whether we
have distributed the logo, but rather whether/how we have *used* it. So
even if we download the logo, rather than bundle it, we still have to
abide by the same trademark usage rules

> 2. With that said, the fact that the icon is _always_ coming from the
> VM, thus minimizing the chance of a VM being labeled with the wrong
> trademarked logo, is a good thing, and in fact, necessary.

Since we are proposing to download logos from a 3rd party site, there
would be a non-negigable chance of us mis-labelling a VM with the wrong
trademarked logo. So we would fall foul of this point.

> 3. Red Hat Legal explains that the rule of thumb is this:
>  - If the wordmark (e.g. "Fedora") is sufficient to describe the item,
> then the logo use is not necessary, and thus, not permitted.

Since your screenshot shows that the 'wordmark' is indeed present &
sufficient, we would fall foul of this point too.

So reluctantly, NACK to this use of logos :-(

Regads,
Daniel.
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