Re: [Inkscape-board] final steps re: Inkscape TM policy, logo copyrights (was Inkscape Committee: additional votes needed)
by Bryce Harrington
On Tue, May 28, 2013 at 03:15:16PM -0400, Tony Sebro wrote:
> On 05/28/2013 02:10 PM, Bryce Harrington wrote:
> >Hi Tony, I posted an email the other day with the vote tally, but
> >maybe it was to the wrong alias. Anyway, I voted yea as well, and
> >so we have a majority in favor, and the issue can now be closed.
> >Thanks, Bryce
> Yes; I hadn't seen your email at the time I replied to the thread.
> Bradley has since brought me up to speed. Thanks!
>
> As a next step, the adopted policy should be posted as a new page on
> the Inkscape.org website. I'd also recommend creating another Q & A
> under Section 8 ("Legal") of the Wiki FAQ that points visitors to
> the trademark policy page. Once the policy page is live, I can
> engage the company that was using the Inkscape trademark.
Josh, can you forward these new requirements to the website guys to
implement?
> Now, we still have an open issue re: the ownership of the copyrights
> in the mountain graphic logo. Given that we've been struggling to
> compile a complete list of copyright owners in the mark, I recommend
> that we do the following:
>
> 1. Publish the TM policy on the website in the manner described above.
> 2. Send a notice of the new TM policy to various Inkscape community
> user groups and fora (e.g., inkscape-user, inkscape-announce,
> Inkscapeforum.com, etc.). In the notice, declare our intent to
> license the copyrights to the logo under CC-By-SA 3.0 US, and give
> any copyright holders 60 days to step forward and object.
>
> The TM policy (including the section re: logo usage) will be in
> effect during that 60-day period, but we'd always reserve the right
> to discuss changing the copyright license if a copyright holder were
> to step forward and object.
>
> I can provide draft language for the notice. Let me know what else
> I can do to help the committee finalize the process.
This all sounds fine with me. Ted, IIRC you were the one that got the
ball rolling initially on this; can you review and close the loops on
any follow up tasks to notify the community and so on?
Bryce
> Best,
> -Tony
>
> --
> Tony Sebro, General Counsel, Software Freedom Conservancy
> +1-212-461-3245 x11
> tony@...41...
> www.sfconservancy.org
9 years, 3 months
- 3
- 4
[bryce@...2...: Final Call for Votes (was Re: VOTE: finalizing adoption of Inkscape TM policy)]
by Bryce Harrington
Voting has concluded on this topic. There were four votes in favor,
none opposed, and three not cast; the motion carries.
----- Forwarded message from Bryce Harrington <bryce@...2...> -----
Date: Mon, 20 May 2013 10:16:13 -0700
From: Bryce Harrington <bryce@...2...>
To: inkscape-board(a)lists.sourceforge.net
Subject: [Inkscape-board] Final Call for Votes (was Re: VOTE: finalizing adoption of Inkscape TM policy)
Four votes have been received, which is enough to carry the decision.
However, I'll give until EOD for any other votes to be cast before
wrapping things up.
On Mon, May 13, 2013 at 01:44:52AM -0700, Bryce Harrington wrote:
> All board members are requested to vote YEA or NAY on adoption of the
> attached Trademark Policy for Inkscape. All votes must be posted to
> this mailing list to be counted.
>
> This is a simple majority vote, but for something like this I should
> expect us to be in consensus, so if you vote NAY please provide your
> rationale so we can all consider those thoughts.
>
> Please have your final vote in by Monday May 20th.
>
> Bryce
>
> ----- Forwarded message from Tony Sebro <tony@...41...> -----
>
> Date: Wed, 08 May 2013 15:57:51 -0400
> From: Tony Sebro <tony@...41...>
> To: inkscape@...41...
> Subject: finalizing adoption of Inkscape TM policy
>
> Hi, all.
> During the last thread on this topic, it seemed as if you had reached
> some consensus about Inkscape's TM policy, and the conversation
> shifted towards identifying those who own copyrights in the Mountain
> Graphic logo. So, I send this as follow up to ask your committee to
> make a final decision re: the language of an Inkscape TM policy.
>
> I've attached the latest version of the policy for your review. Based
> on your collective feedback, the current version grants more freedom
> re: modifying and creating derivative works using the logo, and only
> expressly forbids use of the Logo as a logo for an unrelated product
> or service. Note: Ponyscape would still technically violate this
> policy, but we're still free to grant them a written exception.
>
> *As a next step:* please vote to approve the policy as a committee.
> If it's approved, I'll then find a solution re: determining the
> ownership of copyrights in the Mountain Graphic logo. If the policy
> isn't approved, then let me know what you'd like to see changed.
>
> Thanks! -Tony
>
> --
> Tony Sebro, General Counsel, Software Freedom Conservancy
> +1-212-461-3245 x11
> tony@...41...
> www.sfconservancy.org
>
>
> Inkscape TRADEMARK USAGE POLICY
>
> 1 Purpose
>
> Software Freedom Conservancy (???Conservancy???) has adopted this
> Policy to make sure that the identity of the Inkscape graphics
> editor and its free and open source nature is clear to everyone.
> By using this Policy, the Inkscape Project can spread the use of
> Inkscape while making sure that the mark is protected in a way
> that's consistent with U.S. trademark law. This Policy is written
> to allow all clear and appropriate use of the Inkscape marks while
> preventing abusive use of them in ways that could confuse users
> as to where the software came from. By adhering to this Policy,
> you help to promote to the public the freedom to use and develop
> the Inkscape Project's software.
>
> The Inkscape Project is a member project of Conservancy. The
> Conservancy holds rights in the Marks in accordance with its
> non-profit mission on behalf of the Inkscape Project.
>
> Throughout this Policy, the word "Marks" refers to the following:
>
> * the terms "Inkscape," "Inkscapers," and "Live Path Effects"
>
> * the Mountain Graphic Logo ("Inkscape Logo"), depicted
> here: [FIXME: insert URL]
> [here, we want to include all logos and graphic word marks.
> Ideally, we want to display embedded image files and/or post a
> hyperlink to where the images can be viewed or downloaded]
>
> * the slogan "Draw Freely" [here, we want to include all slogans or tag lines associated
> with the XYZ software]
>
> This Policy is only concerned with Marks associated with the
> Inkscape Project, and does not address any copyrights associated
> with Inkscape software.
>
> 2 Guidelines for using the Marks
>
> 2.1 Trademark symbol on first mention
>
> The first prominent mention of the name should be immediately
> followed by a symbol for trademark: "^tm". For example:
> "Inkscape^tm".
>
> This requirement is waived in all contexts where such marks are
> not normally included: email, online discussion, non-graphical
> advertisements (when permitted), and academic papers. We
> encourage the use of the symbol whenever possible, but recognize
> that many non-commercial and informal uses will omit it.
>
> 2.2 Use of the Marks without written permission
>
> You may use the Marks without prior written permission (subject
> to the other sections):
>
> 1. To refer to the Inkscape software in substantially unmodified
> form. "Substantially unmodified" means built from the source
> code provided by the Inkscape Project, possibly with minor
> modifications including but not limited to: the enabling or
> disabling of certain features by default, translations into
> other languages, changes required for compatibility with a
> particular operating system distribution, or the inclusion of
> bug-fix patches).
>
> 2. To identify Inkscape software as a distinct component of a
> software offering.
>
> 3. To factually refer to the Inkscape Project itself, its products,
> or its protocols.
>
> In addition, you may use the Marks to refer to products, services,
> or communities outside of the Inkscape software and Inkscape
> Project without written permission in the following contexts:
>
> 4. When referring to Inkscape software that is not substantially
> unmodified, to say that the such software is a "derivative of"
> or "based on" Inkscape.
>
> 5. When referring to communities of users in the context of their
> use of the Inkscape software, e.g., virtual communities,
> community-moderated online forums, consortia of organizational
> users, etc., provided that the Marks are not used to suggest
> endorsement of any user community by the Inkscape Project.
>
> We do not charge a fee for a license to use the Marks in these
> contexts. However, we do of course welcome donations. If you're
> interested in donating to the Inkscape Project, care of Conservancy,
> visit http://inkscape.org/donate.php. Conservancy is a 501(c)(3)
> public charity.
>
>
> 2.3 Using the Marks as part of a product name
>
> You may use the Marks as part of the name of a product designed
> to work with Inkscape, so long as the name as a whole (via its other
> components) clearly and unambiguously distinguishes the product
> from Inkscape software itself, and the general presentation of the
> product does not imply any official association or identity with
> the Inkscape Project. Because it would be awkward to attach a
> trademark symbol to a portion of a larger name whose other
> portions might themselves be trademarked, the requirement to
> display the symbol is waived for this circumstance.
>
> 2.4 Prohibited usages of the Marks
>
> You may not use the Marks in the following ways:
>
> * In any way likely to cause confusion as to the identity of the
> Inkscape Project, the provenance of its software, or the
> software's license.
>
> * In any way that indicates a greater degree of association
> between you and the Inkscape Project than actually exists.
>
> * In any way that implies a designated successor to Inkscape (e.g.,
> "Inkscape++" is not permitted).
>
> * In any way that indicates that Inkscape favors one distribution,
> platform, product, etc. over another except where explicitly
> indicated in writing by Inkscape.
>
> 2.5 Limitations to this Policy
>
> This Policy does not confer any rights to use the trademarks ???Software
> Freedom Conservancy,??? ???Conservancy,??? or to use any other trademarks
> other than the Marks listed in Section 1. This Policy
> does not authorize you to act as an agent for Conservancy,
> enter into any agreement on behalf of or otherwise create any
> liability for the Inkscape Project or Conservancy.
>
> 2.6 Guidelines for using the Inkscape Logo
>
> The copyright associated with the Inkscape Logo are licensed
> under the Creative Commons license Attribution-ShareAlike 3.0 United States
> license. The Inkscape Project encourages artists to use, modify, and
> create derivative works of the Inkscape Logo. That being said,
> the Inkscape Logo also serves as a graphic Mark for the Inkscape Project.
> To prevent the creation of separate depictions of the Inkscape Logo that
> would intentionally or inadvertently compete with and dilute our Mark, we
> ask that when using the Logo to refer to the Inkscape Project and/or to the
> Inkscape software, you use the Logo in compliance with the general usage
> guidelines provided in this Policy.
>
> We also ask that you not use the Inkscape Logo, or any portion of the
> Inkscape Logo, as part of a trademark, logo, or brand to be associated with
> any other product, service, or entity other than Inkscape. For example,
> an artists is welcome to create a derivative work using the Inkscape Logo;
> however, a ficticious trucking company does not have permission to use that
> derivative work as its corporate logo.
>
> The Inkscape Project and Conservancy reserve the right to prohibit the use
> of the Logos in a manner inconsistent with these guidelines that would
> weaken or dilute the Inkscape Logo, create a likelihood of confusion, or
> otherwise infringe upon the trademark rights of Conservancy and the
> Inkscape Project in the Inkscape Logo.
>
> 2.7 Use of the Marks in merchandising
>
> You may create and sell merchandise using the Inkscape name and the
> Inkscape Logo without additional permission provided that you use only
> unmodified graphics from the logo page on the Inkscape website. Please
> contact us if you would like to sell any other merchandise containing the
> Marks. This section is subject to the other provisions contained in this
> Policy, including those regarding permissions required for usage and using
> the Marks as part of a product name.
>
> 3 Rights reserved by Conservancy
>
> Conservancy reserves the sole right to:
>
> * Determine compliance with this Policy.
>
> * Modify this Policy in ways consistent with its mission of protecting the
> public.
>
> * Grant exceptions to this Policy, of any kind and for any reason
> whatsoever, other clauses notwithstanding.
>
> 4 Questions
>
> This Policy is designed to keep Inkscape's Marks safe in order to
> protect this software's reputation, earned by the contributions
> of the Inkscape Project to the [free and] open source software
> community. If you see any use of the Marks anywhere that you
> think violates this Policy or otherwise goes against the spirit
> of the Inkscape Project and Conservancy's mission, please bring
> it to Conservancy's attention by contacting us at
> [TRADEMARK@...58...].
>
> If you have questions about using the Marks, or if you think you
> should be able to use the Marks for any purpose not allowed by
> this Policy and would like permission for that use, please contact
> Inkscape by emailing [TRADEMARK@...58...] or by writing to
> Inkscape Project c/o Software Freedom Conservancy, 137 Montague St.
> Ste 380, Brooklyn, NY 11201-3548.
>
>
>
> ----- End forwarded message -----
>
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----- End forwarded message -----
9 years, 10 months
- 1
- 0
VOTE: finalizing adoption of Inkscape TM policy
by Bryce Harrington
All board members are requested to vote YEA or NAY on adoption of the
attached Trademark Policy for Inkscape. All votes must be posted to
this mailing list to be counted.
This is a simple majority vote, but for something like this I should
expect us to be in consensus, so if you vote NAY please provide your
rationale so we can all consider those thoughts.
Please have your final vote in by Monday May 20th.
Bryce
----- Forwarded message from Tony Sebro <tony@...41...> -----
Date: Wed, 08 May 2013 15:57:51 -0400
From: Tony Sebro <tony@...41...>
To: inkscape@...41...
Subject: finalizing adoption of Inkscape TM policy
Hi, all.
During the last thread on this topic, it seemed as if you had reached
some consensus about Inkscape's TM policy, and the conversation
shifted towards identifying those who own copyrights in the Mountain
Graphic logo. So, I send this as follow up to ask your committee to
make a final decision re: the language of an Inkscape TM policy.
I've attached the latest version of the policy for your review. Based
on your collective feedback, the current version grants more freedom
re: modifying and creating derivative works using the logo, and only
expressly forbids use of the Logo as a logo for an unrelated product
or service. Note: Ponyscape would still technically violate this
policy, but we're still free to grant them a written exception.
*As a next step:* please vote to approve the policy as a committee.
If it's approved, I'll then find a solution re: determining the
ownership of copyrights in the Mountain Graphic logo. If the policy
isn't approved, then let me know what you'd like to see changed.
Thanks! -Tony
--
Tony Sebro, General Counsel, Software Freedom Conservancy
+1-212-461-3245 x11
tony@...41...
www.sfconservancy.org
Inkscape TRADEMARK USAGE POLICY
1 Purpose
Software Freedom Conservancy (???Conservancy???) has adopted this
Policy to make sure that the identity of the Inkscape graphics
editor and its free and open source nature is clear to everyone.
By using this Policy, the Inkscape Project can spread the use of
Inkscape while making sure that the mark is protected in a way
that's consistent with U.S. trademark law. This Policy is written
to allow all clear and appropriate use of the Inkscape marks while
preventing abusive use of them in ways that could confuse users
as to where the software came from. By adhering to this Policy,
you help to promote to the public the freedom to use and develop
the Inkscape Project's software.
The Inkscape Project is a member project of Conservancy. The
Conservancy holds rights in the Marks in accordance with its
non-profit mission on behalf of the Inkscape Project.
Throughout this Policy, the word "Marks" refers to the following:
* the terms "Inkscape," "Inkscapers," and "Live Path Effects"
* the Mountain Graphic Logo ("Inkscape Logo"), depicted
here: [FIXME: insert URL]
[here, we want to include all logos and graphic word marks.
Ideally, we want to display embedded image files and/or post a
hyperlink to where the images can be viewed or downloaded]
* the slogan "Draw Freely" [here, we want to include all slogans or tag lines associated
with the XYZ software]
This Policy is only concerned with Marks associated with the
Inkscape Project, and does not address any copyrights associated
with Inkscape software.
2 Guidelines for using the Marks
2.1 Trademark symbol on first mention
The first prominent mention of the name should be immediately
followed by a symbol for trademark: "^tm". For example:
"Inkscape^tm".
This requirement is waived in all contexts where such marks are
not normally included: email, online discussion, non-graphical
advertisements (when permitted), and academic papers. We
encourage the use of the symbol whenever possible, but recognize
that many non-commercial and informal uses will omit it.
2.2 Use of the Marks without written permission
You may use the Marks without prior written permission (subject
to the other sections):
1. To refer to the Inkscape software in substantially unmodified
form. "Substantially unmodified" means built from the source
code provided by the Inkscape Project, possibly with minor
modifications including but not limited to: the enabling or
disabling of certain features by default, translations into
other languages, changes required for compatibility with a
particular operating system distribution, or the inclusion of
bug-fix patches).
2. To identify Inkscape software as a distinct component of a
software offering.
3. To factually refer to the Inkscape Project itself, its products,
or its protocols.
In addition, you may use the Marks to refer to products, services,
or communities outside of the Inkscape software and Inkscape
Project without written permission in the following contexts:
4. When referring to Inkscape software that is not substantially
unmodified, to say that the such software is a "derivative of"
or "based on" Inkscape.
5. When referring to communities of users in the context of their
use of the Inkscape software, e.g., virtual communities,
community-moderated online forums, consortia of organizational
users, etc., provided that the Marks are not used to suggest
endorsement of any user community by the Inkscape Project.
We do not charge a fee for a license to use the Marks in these
contexts. However, we do of course welcome donations. If you're
interested in donating to the Inkscape Project, care of Conservancy,
visit http://inkscape.org/donate.php. Conservancy is a 501(c)(3)
public charity.
2.3 Using the Marks as part of a product name
You may use the Marks as part of the name of a product designed
to work with Inkscape, so long as the name as a whole (via its other
components) clearly and unambiguously distinguishes the product
from Inkscape software itself, and the general presentation of the
product does not imply any official association or identity with
the Inkscape Project. Because it would be awkward to attach a
trademark symbol to a portion of a larger name whose other
portions might themselves be trademarked, the requirement to
display the symbol is waived for this circumstance.
2.4 Prohibited usages of the Marks
You may not use the Marks in the following ways:
* In any way likely to cause confusion as to the identity of the
Inkscape Project, the provenance of its software, or the
software's license.
* In any way that indicates a greater degree of association
between you and the Inkscape Project than actually exists.
* In any way that implies a designated successor to Inkscape (e.g.,
"Inkscape++" is not permitted).
* In any way that indicates that Inkscape favors one distribution,
platform, product, etc. over another except where explicitly
indicated in writing by Inkscape.
2.5 Limitations to this Policy
This Policy does not confer any rights to use the trademarks ???Software
Freedom Conservancy,??? ???Conservancy,??? or to use any other trademarks
other than the Marks listed in Section 1. This Policy
does not authorize you to act as an agent for Conservancy,
enter into any agreement on behalf of or otherwise create any
liability for the Inkscape Project or Conservancy.
2.6 Guidelines for using the Inkscape Logo
The copyright associated with the Inkscape Logo are licensed
under the Creative Commons license Attribution-ShareAlike 3.0 United States
license. The Inkscape Project encourages artists to use, modify, and
create derivative works of the Inkscape Logo. That being said,
the Inkscape Logo also serves as a graphic Mark for the Inkscape Project.
To prevent the creation of separate depictions of the Inkscape Logo that
would intentionally or inadvertently compete with and dilute our Mark, we
ask that when using the Logo to refer to the Inkscape Project and/or to the
Inkscape software, you use the Logo in compliance with the general usage
guidelines provided in this Policy.
We also ask that you not use the Inkscape Logo, or any portion of the
Inkscape Logo, as part of a trademark, logo, or brand to be associated with
any other product, service, or entity other than Inkscape. For example,
an artists is welcome to create a derivative work using the Inkscape Logo;
however, a ficticious trucking company does not have permission to use that
derivative work as its corporate logo.
The Inkscape Project and Conservancy reserve the right to prohibit the use
of the Logos in a manner inconsistent with these guidelines that would
weaken or dilute the Inkscape Logo, create a likelihood of confusion, or
otherwise infringe upon the trademark rights of Conservancy and the
Inkscape Project in the Inkscape Logo.
2.7 Use of the Marks in merchandising
You may create and sell merchandise using the Inkscape name and the
Inkscape Logo without additional permission provided that you use only
unmodified graphics from the logo page on the Inkscape website. Please
contact us if you would like to sell any other merchandise containing the
Marks. This section is subject to the other provisions contained in this
Policy, including those regarding permissions required for usage and using
the Marks as part of a product name.
3 Rights reserved by Conservancy
Conservancy reserves the sole right to:
* Determine compliance with this Policy.
* Modify this Policy in ways consistent with its mission of protecting the
public.
* Grant exceptions to this Policy, of any kind and for any reason
whatsoever, other clauses notwithstanding.
4 Questions
This Policy is designed to keep Inkscape's Marks safe in order to
protect this software's reputation, earned by the contributions
of the Inkscape Project to the [free and] open source software
community. If you see any use of the Marks anywhere that you
think violates this Policy or otherwise goes against the spirit
of the Inkscape Project and Conservancy's mission, please bring
it to Conservancy's attention by contacting us at
[TRADEMARK@...58...].
If you have questions about using the Marks, or if you think you
should be able to use the Marks for any purpose not allowed by
this Policy and would like permission for that use, please contact
Inkscape by emailing [TRADEMARK@...58...] or by writing to
Inkscape Project c/o Software Freedom Conservancy, 137 Montague St.
Ste 380, Brooklyn, NY 11201-3548.
----- End forwarded message -----
9 years, 10 months
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