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From Justin Mclean <jus...@classsoftware.com>
Subject Re: [RESULT][IP Clearance] Flex Documentation for Apache Flex
Date Thu, 23 Apr 2015 21:06:45 GMT
Hi,

> I'm vaguely trying to follow, can you clarify what you mean by "use
> those trademarks”?

By use I just mean have them appear in the existing text as they currently do. Obviously the
missing attributions would also need to be added.

That use depends if we have permission to use them or not and that as far as I can see that
is unclear. The discussion around this happened off list so the exact details are unknown.
The extra text “No other license to the Adobe trademarks are granted." was added (by request
of Adobe legal) in addition to their standard disclaimer. To me that states we only have permission
to use some trademarks (the two trademarks mentioned in the first sentence) but not all of
their trademarks. it depends if you interpret “Adobe trademarks” here to be their whole
set or just the two mentioned in the previous sentance. If you do then it seems we don’t
have permission to use any other Adobe trademarks in the content. If you don’t then the
question is what does this extra sentence actually cover that the standard attribution doesn't
cover?

The content (as it currently is) contains (in a couple of places) several other Adobe trademarks,
not just the two mentioned in the attribution. As I said the easy option would be to remove
the extra trademarks, and stick to Adobe's standard attribution, and that what's been done
with previous Flex donations. I'm not sure why we need to treat this donation differently
or why the trademark attribution needs to be different from previous donations.

If we use this modified attribution, we also don’t have any archived email trail (other
than this discussion) to why it is different or what the legal implications of that are as
all of that happened off list. Not exactly an open or transparent process and that’s further
reason for concern.

> IIUC this is about additional Flex documentation being donated to be
> published at http://flex.apache.org/ - if that's correct please
> provide an example of how a trademark would be used in that context

Alex is best to provide that given that the attribution is non standard and the advice to
add this was provided off list, at this point I would only be guessing to what Adobe legal
think they require re the trademarks in question.

Thanks,
Justin
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