Difference between revisions of "Commentary:Use for Software"
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| − | Commentary on Use for software | + | ===Commentary on Use for software=== |
| − | + | These guidelines have taken the view that any modification to the software from that found in the official repository requires a trademark license. Some open source software providers have had their product combined with malicious software, which negatively affects the reputation of the open source project. For this reason, any software that has been modified is considered non-authentic, perhaps counterfeit, software if distributed using the trademark. | |
| − | + | ==== Uses for which we are granting a license ==== | |
| − | Uses we consider non-infringing | + | U.S. law: A license is a defense to an infringement claim, i.e., but for the license the accused use would be a trademark infringement. |
| + | |||
| + | U.S. law: Limitations on when trademark may be used should be expressed as condition of license, not covenant, so that a failure to meet the limitation is a basis for a trademark infringement claim. | ||
| + | |||
| + | ====Uses we consider non-infringing==== | ||
| + | |||
| + | Because the goods discussed in this section, software, are identical to the trademark owner's goods, the uses described in this section are for the distribution of authentic (unmodified) goods only. Distribution of modified software requires a license. | ||
Revision as of 23:59, 24 February 2013
Commentary on Use for software
These guidelines have taken the view that any modification to the software from that found in the official repository requires a trademark license. Some open source software providers have had their product combined with malicious software, which negatively affects the reputation of the open source project. For this reason, any software that has been modified is considered non-authentic, perhaps counterfeit, software if distributed using the trademark.
Uses for which we are granting a license
U.S. law: A license is a defense to an infringement claim, i.e., but for the license the accused use would be a trademark infringement.
U.S. law: Limitations on when trademark may be used should be expressed as condition of license, not covenant, so that a failure to meet the limitation is a basis for a trademark infringement claim.
Uses we consider non-infringing
Because the goods discussed in this section, software, are identical to the trademark owner's goods, the uses described in this section are for the distribution of authentic (unmodified) goods only. Distribution of modified software requires a license.
