Re: Web guidelines for use of GNOME Trademark

[Eric Baudais <baudais kkpsi org>]

On Sat, Nov 22, 2003 at 12:37:17AM +0000, Carlos Morgado wrote:
> 
> On Fri, 21 Nov 2003 23:24:39, Tim Ney wrote:
> 
> >
> >4.	CONDITIONS OF USE
> >
> >A 1.	Licensee agrees to maintain the quality of GNOME Products and
> >Services at a level that meets or exceeds industry standards and that is
> >at least commensurate with the general level of quality of comparable
> >goods and services provided by Licensor.  Upon provision of reasonable
> 
> I think we need a comittee. No! Two! We need Quality Task Force too.
> 
> >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
> 
> No. Are you on crack ? No, really.

Very good point.

> >
> >5.	GOVERNING LAW:
> >
> >This Agreement shall be governed by the laws of the State of California
> 
> No. I am an EU citizen. I don't recognize the authority of an USA court.

This is a good point, but really is a sticky situation I believe.
This part of the GNOME Foundation is registered in the state of
California and we must abide by their laws.  However since GNOME is a
worldwide project we should have Foundations in the major continents.
The EU GNOME Foundation can have this document altered to fit the EU
laws.  Does anyone know the status of the European GNOME Foundation?

Maybe the FSF can give us some tips on how to alter this document to
take in to account our global membership.

> >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.
> >
> 
> I have to pay overnight delivery to contribute to the GNOME project ?

I believe an easy fix is to remove the word overnight.

> >
> >IX.	REPRESENTATIONS AND INDEMNIFICATION
> >
> >1.	General Representations.  Each party hereby represents and
> >warrants
> >for itself that it is a corporation duly organized, validly existing and
> 
> So, not-corporations can't use the logo ?

Good point.

> >
> >X.	DISCLAIMER OF WARRANTIES
> >
> >	THE LICENSOR MAKES NO WARRANTIES REGARDING THE GNOME LOGO, INCLUDING
> >VALIDITY OF THE LICENSOR'S RIGHTS IN ANY COUNTRY, AND HEREBY DISCLAIMS
> >ALL WARRANTIES THAT MIGHT OTHERWISE BE IMPLIED BY LAW, INCLUDING
> 
> AHAHAHHAHA. good one! that was funny.
> 
> 
> >WARRANTIES AGAINST VIOLATION OR INFRINGEMENT OF TRADEMARK, LITERARY, OR
> >PERSONAL RIGHTS, OR OTHER PROPRIETARY RIGHTS.
> 
> OHHHHHH. This was funny too! Not only you say if I get sued by a 3rd party  
> I'm on my own but you TRY to disclaim your civil and criminal  
> responsabilities too!

Are you expecting the GNOME Foundation to indemnify everyone who uses
our trademark against prosecution?  I sure don't want us to be held
liable for anyone who we give permission to use the trademark for a
benign purpose and then violate a local law and held us responsible!
I think this limitation of warranty clause is one of the few good
parts.

> I'll stop reading this crap now. And if something like this comes into  
> existence I'm fairly sure Balsa won't be the only project becoming a  
> "NotGnome Project".

The reason this was posted to the foundation list is for the members
to give comments and suggestions.  It is obvious this trademark
document is not going to fit our purpose.  You have raised some more
good points which Alan hadn't touched on and many he did.  I hope Tim
will take these comments back to the Foundation's lawyers and rework
parts of the document.

Eric Baudais

-- 
They give you illusion that has the appearance of truth.  I give you
truth in the pleasant disguise of illusion.
                                             --Tennessee Williams