Re: Web guidelines for use of GNOME Trademark

[Alan Cox <alan lxorguk ukuu org uk>]

> No, but that whole text is null and void in Portugal. Not only you can't  
> disclaim "all warranties that might otherwise be implied by law". If it's in  
> Law, comercial contracts can't overwrite it. The disclaim of IP violations a  
> priori might even be consider bad faith.

I can't speak for Portugal but in UK, and I think US, contracts contain
implied terms added by statue law (parliament) or by common law
(precedence - ie someone decided that was an implication before when
untangling a prior contract mess in court). 

So in the UK for example if I sell you a car there is an implied term
from the law that the car is fit for use (is drivable etc), but I can
still remove that term in the contract explicitly - and you would need
and want to do so for selling scrap cars. Its just that if I don't do so
then they apply (oh and you have to do so clearly....)

That is different to the many rights you may have which cannot be
disclaimed - eg I can't disclaim responsibility for my device killing
people in the UK. In that sense it is more about "unless you say
otherwise"

It also seems (looking at the book) that there wouldn't in fact be a
contract if it turned out the foundation didnt hold the logo rights (it
would be a 'void' contract)

> I like the dual logo sugestions. I'd also sugest this might be a good start  
> for a *commercial* agreement with companies as it seems highly geared towards  

Another approach might be to have a set of automatic grants of use for
certain things

"Non commercial use on the web site of a gnome project application"
"Non profit T-shirts for promotion at events"

(obviously with some of the relevant conditions still applying)