Re: Web guidelines for use of GNOME Trademark

[Alan Cox <alan lxorguk ukuu org uk>]

On Gwe, 2003-11-21 at 23:24, Tim Ney wrote:
> gnome.org. Anyone wanting to use the trademark, will be able to file the
> agreement either on-line or by printing out, signing and returning to
> GNOME Foundation by post.

Providing they are Americans and not very bright ones.

> Click through to Agreement (see attached)
> with fields to fill in:
> 
> Name (Individual, organization or company):
> Contact person:
> 
> Postal Address:
> 
> Telephone number:
> Fax number:
> 

Missing a privacy statement.

> B."GNOME Products and Services" shall mean products and services related
> to computer software platform developed and designed by the GNOME
> Project.

What about the many parts of Gnome designed by people who are not
members of the Gnome project itself - like say the screensavers from
Jamie.

> not use the GNOME Logo, or confusingly similar variations, either as a
> designation of origin, trade name, Internet domain name, or in any other
> source-identifying manner.

Enlighten me - how can you use the gnome logo as domain name, or is this
text trying to claim gnome-foo.org type names too ?

> goods and services provided by Licensor.  Upon provision of reasonable
> notice and during normal business hours, Licensee shall permit Licensor
> or any representative duly authorized by Licensor access to Licensee's
> premises to inspect the quality of Licensee's GNOME Products and
> Services and otherwise ensure Licensee's compliance with the terms of
> this Agreement.

Let me get this straight "If I want to use the Gnome logo on a web page
you get the right to turn up and 'inspect' my house"

> 5.	GOVERNING LAW:
> 
> This Agreement shall be governed by the laws of the State of California
> without reference to conflict of law principles.  The parties agree that
> the exclusive venue for any action arising out of or in connection with
> this Agreement shall be the United States District Court for the
> Northern District of California or the Superior and Municipal courts of
> the State of California, San Francisco County.

Oops, that won't work very well in most of the world. GNOME is an
international project so this is highly inappropriate.

> VI.	NOTICE:
> 	
> Any written notice provided by any party in relation to this Agreement
> shall be considered valid if sent by U.S. Mail or certified mail, or by
> Federal Express, DHL or other reliable overnight courier service, to the
> recipient at the address specified above.

Name an overnight courier service from Siberia to California. This is
totally US centric.

> 1.	General Representations.  Each party hereby represents and warrants
> for itself that it is a corporation duly organized, validly existing and
> is in good standing under the laws of the jurisdiction of its

So you have to be a commercial organisation to do this. Most Gnome
developers are not. So they write it, you license the trademark and
refuse them use of it. 

So in summary, you've taken a free software project logo, used boiler
plate american only terms, excluded almost every developer from the
right to apply to use it, given yourself the right to inspect their
house if they could and did sign it, and made no privacy promise of any
kind.

Now the logo does need protection, but this is most emphatically not the
way to do it. It is a hard problem too as the Debian discussion and
ongoing problems getting it right show.