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From Ross Gardler <rgard...@opendirective.com>
Subject Re: Use of copyrighted images with permission
Date Sat, 19 Nov 2011 23:50:09 GMT
On 19 November 2011 21:03, Pedro Giffuni <pfg@apache.org> wrote:
>
> --- 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.

ASF logo's are available under the Apache licence but they are also
trademarks. People can reuse them just like our code. They can modify
them, but only in conformance with the trademark policy.

We can't ship something that limits downstream users to "personal
use". I feel confident that legal-discuss would say "no", but IANAL
and I don't understand the full details so don't take this as the
final word. If you feel I am missing something then legal-discuss
should be consulted.

Ross

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