Draft Debian trademark policy

This article is a draft. Out of respect for the unreleased status of this information, please do not cite or republish information here without permission. If you'd like to do so, ask by editing this page!

This is a draft of a Debian Trademark Policy. This is not an official or accepted policy or even a complete draft of one. It's a set of notes that explain the thinking of some interested parties on the issues involved.

The goal of the document is to explain the nature of trademark law to users and to create a policy that is "as free as possible" within the current limitations of trademark law and that simplifies, streamlines, explains, and documents common cases.

Since the desire of this policy is one shared by several other organizations, it can/should be rewritten to serve as a more generic trademark policy for organizations.

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What To Do If You Want To Use The Mark

Interpreting these guidelines is never a binary operation and there is always room for interpretation. Ultimately, it is the Debian Project Leader, his or her delegates, and the Board of directors of Software in the Public Interest, Inc,. whose interpretations matter most. If you are uncertain, please don't hesitate to ask.

• Information on asking for permission.

You do not need a license if...

Not everybody needs to ask for permission to use the DEBIAN mark. Groups that can use the Debian mark without permission.

• Anyone working within the Debian project or or sub-projects/etc as long as they are:
  • Using the mark to refer to work they have done in the capacity of a developer on the project;
  • .... keep filling this in.
    • The permission to use the trademark does not mean permission to start a company and call it Debian. If the Debian trademark committee or the DPL decides that a DD is using a mark in bad faith, the developer in question may be asked to stop.
  • Any use that falls under the banner of "fair use" of the mark which is similar to the concept under copyright. This includes:
    • Any descriptive use (insert legal terms here Greg)
    • Selling verbatim (exhaustion) CD vendors
    • etc

You need a license if...

Licensing is necessary any time anyone creates a company, product or set of services, certification program, or even a separate free software project that wants use the DEBIAN mark as part of its name.

Verbatim copies of ISOs will not require a license. However, if anyone will modify the ISOs before distributing them under the DEBIAN name, this would need to be reviewed.

All licensed uses should be monitored for quality, and can be terminated if use is contrary to Debian core principles. If someone deviates from our quality standards, we need to be able to take it back.

Criteria

The criteria by which the DPL or his/her delegates evaluates any licensing claim will ultimately hinge on this:

• Whether or not the it confuses the public on the source or origin of the goods or services.

Licensing Procedures

• DPL makes decisions in clear cases.
• If DPL is conflicted, delegates the decision to a committee of three disinterested Debian Developers.
• licensing framework and decision-making processes

Disputes / Violations

The DPL is responsible to ensure the resolution of disputes.

What is a violation? How to tell.

If you think you really have a violation, this is what you should:

• Email a (to be created) alias at trademarks@debian.org which will be forward to leader@debian.org , legal@spi-inc.org , spi-trademark@lists.spi-inc.org , and any listed delegates of the DPL.

You Cannot Use the License If....

• You are referring to a private company that is involved in the production or promotion of non-free software disconnected to Debian.
• etc.

Use Cases

use cases should be here