Trademarks: A threat tofree software's freedom? (NewsForge)

Trademarks: A threat tofree software's freedom? (NewsForge)

I'm not a Debianite (I am a Gentooist), but as I have an interest in free
software remaining free, I tend to follow their debates on the subject to
some degree.

I'm not sure about the AbiWord case, but I know the Mozilla-Firefox policy
has been discussed on the Gentoo devel group. In that case, Firefox
restricts the use of their branding icons and the like as well as the
name, they claim (not unreasoanbly) due to concern over dilution of
trademark and reputation.

Thus, the question there in relation to the policy you quoted above would
be whether "name" includes other identifying "trademarks" such as icons
and the like. I'd suggest that it does, altho that's of course up to
Debian to decide. However, I can see a legitimate concern and debate over
what /could/ become a slippery slope. Once certain (admittedly
reasonable, altho not necessarily desirable) restrictions are allowed, as
with name, and now icon and other "trademark" artwork, there will always
be borderline cases. Just where is the line drawn as to what restrictions
are allowed and what not? In a uni-national context, one could simply
leave it up to the legal definition of trademark. However, in the
multi-national/international context of free software and the internet,
which nation's law applies? What if some nation institutes a law that
goes as far over the top in respect to trademarks as I'd guess most here
would agree the DMCA went over the top in respect to other "intellectual
property", copyrights? We can't let the arbitrarily over the top laws of
some renegade nation (and I say that as a USian) dictate equally
unreasonable over the top policies in general.

I'm glad to see this debate, as it's important to think about for all of
us that care about freedom of expression and the "free software world",
whether we agree on the details or not. As for my thoughts on where it's
all headed, see my response just posted to the original NewsForge article.

Duncan