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From Pedro Giffuni <...@apache.org>
Subject Re: Use of copyrighted images with permission
Date Sat, 19 Nov 2011 21:03:39 GMT

--- On Sat, 11/19/11, Rob Weir wrote:

> 
> So you have his permission to use it.  But does Apache
> have his permission?  And what about downstream
> consumers?  Although it is unlikely, we need to consider
> the possibility that someone else takes
> the BSD port and customizes it and then redistributes
> it.  Would they have permission to copy the logo?
> 

That's exactly the issue. I will put it this way: NetBSD
and OpenBSD can obviously use it. If IBM or RedOffice wants
to use it because they claim they support any BSD/unix,
even through linux binaries, that's OK too.

What is unacceptable is vandalizing the image like having
"beastie" doing obscene things or violently killing a
penguin. (Yes those images exist).

The Apache logos are also copyrighted and I am sure similar
abuses are not permitted. You cannot write books about indians
and cowboys and put the ASF logo on it ... I think.

> The license also says it can be used for "personal
> use".  I don't think that is compatible with the ALv2.
> 

You need permission for other uses, just like the ASF logo.

> > Can I go ahead and use this in Apache OO for the
> > FreeBSD port only or should I ask legal@?
> >
> 
> I'm not sure we've discussed this before:  What
> exactly do you think the relationship of the
> BSD port will be to the AOO project?

Just like the relationship with Apache httpd or any
other Apache project. We have people that work on
both.

> In particular, do you want to eventually have an official
> Apache release of the BSD binaries, made available on
> the Apache mirrors?  Or were you thinking of building
> and release the BSD port yourself, via
> another website?
>

We have been shipping OpenOffice.org, built directly
from the source provided by openoffice.org for a
long time. I don't think SUN/Oracle ever considered
shipping FreeBSD binaries, I have no idea if
the Podling is considering releasing them but users
probably prefer the pre-packaged releases the FreeBSD
project makes anyways as these share dependencies from
other packages and we do our own testing and QA.

> If you release your own BSD port, based on the Apache
> releases, then you have more flexibility to bundle
> other software with it.  Maybe something like "BSD
> Office, powered by Apache OpenOffice"?
> 

No, our port is plain OOo, we don't change the brand.
The changes would be minimal: just add a small beastie
in a corner.

The existing OOo has a branding layer so I wanted to
use it instead of reinventing the wheel.

> If you want to have the BSD port released by Apache, then I
> think you'll want to ask legal-discuss@ to review and classify
> that license.
> 

I don't have a license, I only have permission ;-). I guess
I could use the 4 clause BSD license, which is permitted,
but since that doesn't put a limit on possible abuses that
Kirk may want to avoid, what I can do is include the
modified logos only in the FreeBSD port/package by using:

--with-intro-bitmaps=/path/my_ooo_intro.bmp
--with-about-bitmaps=/path/my_ooo_about.bmp

cheers,

Pedro.

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