New subject: Final Call for Votes (was Re: VOTE: finalizing adoption of Inkscape TM policy)

13 May 2013

      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 -----

VOTE: finalizing adoption of Inkscape TM policy

Bryce Harrington

Johan Engelen

Bryce Harrington

Bryce Harrington

Bryce Harrington

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