Subject: RE: [DotGNU]proposal: DotGNU Trademark License
From: "Lawrence E. Rosen" <lrosen@rosenlaw.com>
Date: Fri, 12 Mar 2004 10:42:52 -0800

A bare trademark license is not allowed under trademark law. This license is
the easiest way to lose the DotGNU service mark.

/Larry Rosen

> -----Original Message-----
> From: James Michael DuPont [mailto:mdupont777@yahoo.com] 
> Sent: Tuesday, August 05, 2003 11:22 PM
> To: license-discuss@opensource.org
> Cc: nb@cisto.com
> Subject: Fwd: [DotGNU]proposal: DotGNU Trademark License
> 
> 
> Dear License discuss list,
> I would be interested i hearing you opinon on this proposed 
> license that norbert has posted to the dotgnu developers list. Mike
> 
> --- Norbert Bollow <nb@cisto.com> wrote:
> > From Norbert Bollow Tue Aug  5 12:17:30 2003
> > Subject: [DotGNU]proposal: DotGNU Trademark License
> > 
> > A recent discussion with Stephen J. Turnbull has reminded 
> me that it 
> > is very important to create some legal protection for the 
> term "DotGNU 
> > Webservice".
> > 
> > Provided that the FSF agrees to this idea, I'd like to include 
> > something like the following in the documentation that will 
> be part of 
> > the upcoming DotGNU 0.1 release:
> > 
> > 
> > """
> > "DotGNU Webservice" Servicemark License
> > 
> > Version 0.1-alpha1
> > 
> > Copyright 2003 Free Software Foundation, Inc.
> > 59 Temple Place - Suite 330, Boston, MA  02111-1307, USA
> > 
> > Everyone is permitted to copy and distribute verbatim 
> copies of this 
> > license document, but changing it is not allowed.
> > 
> > 
> > 
> > "GNU" is a registered trademark of the Free Software 
> Foundation, Inc. 
> > "DotGNU Webservice" is a servicemark of the Free Software 
> Foundation, 
> > Inc.
> > 
> > TERMS AND CONDITIONS FOR USING THE "DotGNU Webservice" SERVICEMARK.
> > 
> > 0. This License grants, to businesses which satisfy the
> >    conditions that are outlined in sections 1 and 2 below,
> >    permission to use the "DotGNU Webservice" servicemark
> >    in the context of their commercial activities.
> > 
> >    Activities which are not of commercial nature are outside the
> >    scope of this license; in particular there are no restrictions
> >    on using the term "DotGNU Webservice" outside the context of
> >    making a commercial service offering.
> > 
> >    Every business which fulfils the conditions that are outlined
> >    in sections 1 and 2 below may choose to accept this license, 
> > thereby
> >    becoming a licensee.  Each licensee is addressed as "you".
> > 
> >    You are not required to accept this License, since you have not
> >    signed it. However, nothing else grants you permission to use the
> >    "DotGNU Webservice" servicemark in the context of making 
> commercial
> >    service offerings; that is prohibited by law if you do not accept
> >    this License. Therefore, by using the "DotGNU Webservice"
> >    servicemark in such a commercial context, you indicate your
> >    acceptance of this License to do so, and all its terms and
> >    conditions. 
> > 
> > 
> > 1. The "DotGNU Webservice" servicemark may only be used in 
> connection
> >    with services that satisfy DotGNU's definition of "webservices",
> >    namely the following two conditions must be satisfied:
> > 
> >    (a) Some functionality is provided, and in addition there is
> >        a description of this functionality, namely how the
> >        service should be used and what it provides.
> > 
> >    (b) The service is offered over a computer network (e.g. the
> >        internet or an intranet) via standard protocols, i.e.
> > protocols
> >        that are open, widely published, and freely available for
> > anyone
> >        to implement.
> > 
> >    If you provide a commercial service and use the "DotGNU
> > Webservice"
> >    servicemark, you must in addition satisfy the following two
> >    conditions:
> > 
> >    (c) You must ensure that whenever the service is usable, 
> the owner
> >        of the data is able to download the data plus the program
> > which
> >        acts on the data (the "webservice program") in an executable
> >        form which can be used with a version of the DGEE ("DotGNU
> >        Execution Environment") webservice server which has been
> >        released by the DotGNU Project of the Free Software
> > Foundation.
> > 
> >    (d) You must provide your customers with a written offer, valid
> > for
> >        at least three years, to give them upon request, at no extra
> >        charge, on a medium customarily used for software 
> interchange,
> >        licensed under the terms of the GNU General Public License,
> >        a complete machine-readable copy of the source code of the
> >        webservice program plus any compilers and libraries which are
> >        needed to translate the webservice program into executable
> >        form.
> > 
> >    The term "webservice program" in sections (c) and (d) 
> above refers
> >    to a computer program which can be used together with a 
> version of
> >    the DGEE ("DotGNU Execution Environment") webservice server to
> >    provide a webservice which is identical in functionality to the
> >    webservice which the customer has purchased from you.  
> > 
> > 
> > 2. Any violation of the conditions in section 1 will automatically
> >    terminate your rights under this License.  You must not use the
> >    "DotGNU Webservice" servicemark if you have previously violated
> > any
> >    of the conditions in section 1.
> > 
> > """
> > 
> > Greetings, Norbert.
> > 
> > -- 
> > Founder & Steering Committee member of
> > http://gnu.org/projects/dotgnu/
> > Free Software Business Strategy Guide   ---> 
> > http://FreeStrategy.info
> > Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich,
> > Switzerland)
> > Tel +41 1 972 20 59        Fax +41 1 972 20 69      
> > http://norbert.ch
> > _______________________________________________
> > Developers mailing list
> > Developers@dotgnu.org
> > http://dotgnu.org/mailman/listinfo/developers
> 
> 
> =====
> James Michael DuPont
> http://introspector.sourceforge.net/
> 
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