Subject: Re: Followup on Exhibit B licences
From: John Cowan <cowan@ccil.org>
Date: Tue, 6 Mar 2007 23:02:39 -0500

Rick Moen scripsit:

> TenderSystem Public Licence 1.1, like the other "Exhibit B" licences,
> (apparently by intention) impairs commercial reuse (thus violating
> OSD#6) by requiring a trademarked logo + company name on "every user
> interface screen" while simultaneously specifically denying a trademark
> licence.  

I think this is an over-interpretation on your part.  In general,
if X compels Y to do Z, X is estopped from also enjoining Y from
doing Z, particularly in the same breath lik this.  In effect,
the requirement to use the trademarks is tantamount to a limited
license to use them.

Furthermore, there is an analogue of fair use for trademarks.
I can speak of drinking Coke, and a novelist can say that his
protagonist drives a Ford, without stepping on trademarks.

And as for intention, "the devil himself knoweth not the mind of man"
(Blackstone).  Legal intent must be judged by objective evidence.

-- 
John Cowan    http://ccil.org/~cowan  cowan@ccil.org
'Tis the Linux rebellion / Let coders take their place,
The Linux-nationale / Shall Microsoft outpace,
We can write better programs / Our CPUs won't stall,
So raise the penguin banner of / The Linux-nationale.  --Greg Baker