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



On Wed, Feb 15, 2012 at 12:43 PM, Daniel P. Berrange
<berrange redhat com> wrote:
> 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

But we are not even using them, only providing a link to them. I don't
see anything in that mail about linking.

>> 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.

Not really an issue for libosinfo but the apps using those logos. What
we can do is to ensure that the links we are providing match the
product's name. I don't see why we can't do that.

>> 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.

That screenshot is of Boxes, which is downloading, caching and showing
the logos (not very different from what a web browser does) and its
Boxes that will get in trouble for any possible trademark violations,
not libosinfo AFAICT.

In Boxes at least, we really really want to show the logos for each
OS, otherwise the UI looks totally ugly and unimpressive. I'm open to
suggestion on how to achieve this goal in ways that would satisfy your
concerns but we really need to do this. If linking is considered a
'use' of the logo, I guess we'll have to bite the bullet and handle
this entirely in Boxes.

-- 
Regards,

Zeeshan Ali (Khattak)
FSF member#5124


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