On 2004-09-01 22:12:11 +0100 Joe Button alug@joebutton.co.uk wrote:
[...] buy up the Apache Foundation and stop distros including 'apache' packages. Seems a bit counter the the spirit of free software. Aren't names covered by trademarks rather than copyright? IANAL obviously...
Summary: the interaction of trademarks and copyrights is nasty, but "misuse" fears help us.
Your situation isn't that far-fetched. The Apache Foundation has a trademark on the name "Apache" for software and its members have made vaguely threatening noises towards Debian about its "apache" packages. See about halfway down http://lists.debian.org/debian-legal/2003/11/msg00086.html for an example. (I suggest ignoring the "I know the DFSG better than you" thread that follows. It gets ugly.)
One can use a trademark to honestly describe the origin of goods. If it comes from Apache, we can call it Apache and the trademark doesn't stop it. There's a fun grey area in the Apache copyright licences about that. I'm told if they try to use the copyright licence to stop people honestly using the trademark, that might be judged "copyright misuse" by the courts and void their copyright. IANAL though, so don't bet on it.
It's really easy to make software non-free by a trademark-related copyright clause, but Apache doesn't quite do that. Debian's http://www.uk.debian.org/logos/ are non-free though.
[...] Joerg's managed to get himself a bit of a reputation for intransigence though.
I think opening with accusations of deliberate illegal behaviour hasn't endeared him to many people on debian mailing lists.
I would be too surprised if cdrecord went the way of xfree86 at some point.
Well, libburn is there for CDs and growisofs already works really well for DVDs. Write a "cdburn" replacement for cdrecord (without the horrid syntax, please) or add libburn support to growisofs and get fame, riches and the wisdom of the ages (or none of the above maybe...)