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Ubuntu Community Council statement on Canonical package licensing

Ubuntu Community Council statement on Canonical package licensing

Posted Feb 19, 2014 20:00 UTC (Wed) by bronson (subscriber, #4806)
In reply to: Ubuntu Community Council statement on Canonical package licensing by dlang
Parent article: Ubuntu Community Council statement on Canonical package licensing

OK, but first please answer this: exactly what would the license be for?


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Ubuntu Community Council statement on Canonical package licensing

Posted Feb 19, 2014 20:19 UTC (Wed) by jspaleta (subscriber, #50639) [Link]

We'd have to see the license text. So far no derivative who is a party to any such licensing has chosen to publish the license terms they agreed to. And Canonical has not published a standard license or license template for us to publicly review.

All that can be said right now.. is that based on the content Mint hsa been distributing in their install and live images, they do not appear to be including any Canonical owned trademark protected works and thus a trademark license from Canonical has not been required.

However, that is not to say that Mint's plans in the future would or would not benefit from being a licensee of the Canonical owned trademarks. If Mint has signed a licensing agreement which includes access to the Canonical owned trademarks, Mint could start including those trademarks in future images. Being able to do that could reduce their engineering burden as they would no longer have to rip these trademarks out. So really Canonical could have actually helped Mint developers out by offering them a license.

Mint could materially benefit from being a licensee, without being compelled to take a license. That is Mint assessment to make in terms of value-add of being a licensee of the marks.

There is absolutely no evidence, so far put forward publicly, that Canonical has threatened anyone into taking a license based on erroneous legal theories surrounding trademark compliance. No evidence at all. People are jumping to conclusions as to what actually transpired to date.

But I am deeply concerned about the chatter coming from multiple Canonical employees concerning their opinions about the legality of Mint's re-use of Ubuntu built binaries, generally. And while this is not evidence of Canonical's legal opinion on the matter, its a red flag with regard to the contextual culture inside the Canonical fenceline about what the herd's understanding of the legal issues are. I fear greatly, that the discussion points I'm seeing cropping up are representative of the majority thinking inside the fenceline is. Its its down right dangerous thinking.

It is this additional need from people inside the Canonical fenceline to rationalize a "need" for derivatives to take on a license that is deeply concerning and points to a need for additional clarity. If your employees are going on and expounding such grotesque misunderstanding of what copyright and trademark laws actually do and how your company plans to enforce them.. then you need to do a much better job providing clarity on the issue. Because right now,the crazy is filling up the vacuum of understanding created by the vague "ip" policy language.

Ubuntu Community Council statement on Canonical package licensing

Posted Feb 19, 2014 23:03 UTC (Wed) by dlang (guest, #313) [Link] (5 responses)

well, from the summary, it would seem to be about routine trademark issues. If you have some evidence to say something else, then give details instead of just crying about how unfair it is for ubuntu to ask for a license.

we don't know the details, but there have been several plausible scenarios posted here. People who are being asked are getting the details, apparently none of them have thought that they are so unusual to make it worth posting details about them, so I have no reason to doubt the summary.

Ubuntu Community Council statement on Canonical package licensing

Posted Feb 20, 2014 0:09 UTC (Thu) by ewan (guest, #5533) [Link] (4 responses)

There are no 'routine trademark issues' with what Mint does. There are at most, some really, really esoteric ones, maybe.

Ubuntu Community Council statement on Canonical package licensing

Posted Feb 20, 2014 0:50 UTC (Thu) by khim (subscriber, #9252) [Link] (1 responses)

Yes, it's possible to take source files of Ubuntu packages, remove all places where “ubuntu” trademark is used and produce “ubuntu-clean” distribution. CentOS does that to RedHat's packages. But Linux Mint does not do that: instead it pulls Ubuntu packages, trademakes and all then does some live surgery on top of them.

First of all Ubuntu packages are branded (their version string includes “ubuntu” in it and it's shown in various places), but it goes beyond that: a lot of packages include string “ubuntu” in various places (think “lsb_release -i”). Linux Mint just takes all these packages without any modifications, installs them “as is” then overwrites these lines on each boot (see here, for example). I don't really see how such activity may ever be considered “really, really esoteric issue”.

Ubuntu Community Council statement on Canonical package licensing

Posted Feb 20, 2014 1:17 UTC (Thu) by jspaleta (subscriber, #50639) [Link]

First Centos ships packages with redhat in the name.
Second Centos ships files on the system with redhat in the name.
Doing this is not a problem from a trademark enforcement stance.

I know why server is a centos server.... even though it has the file /etc/redhat-release in the system, because I the contents of that file say CentOS.

If the system is purporting to be Mint, then its meeting the requirements of trademark enforcement. I think how Mint goes about setting up its files is a hack, but I don't think its going to meet the bar of causing confusion in the marketplace.

I love that question. Someone enabled the Mint repositories on their Ubuntu system.. pulls in the packages from Mint repositories which include the Mint branding (required by Mint's MATE packages) and now their system advertises itself as Mint and the Ubuntu Software Center gets confused because it doesn't expect to be running on a Mint branded computer. Oh the irony.

The fact that pulling packages from Mints repository, breaks the Ubuntu software application, which is designed to work ONLY on Ubuntu systems... is actually an even stronger indication that Mint is doing its job correctly with regard of trademark due diligence. Even the Ubuntu software center thinks its running on Mint and fails to work as a result! Awesome.

Good job Mint.

Ubuntu Community Council statement on Canonical package licensing

Posted Feb 20, 2014 1:26 UTC (Thu) by dlang (guest, #313) [Link] (1 responses)

Since the Mint folks have all the details of what Canonical asked them to sign a license for, why don't you ask them rather than playing a lawyer?

Or set something up that does the same thing as Mint and see what the Canonical Lawyers ask you to license?

Ubuntu Community Council statement on Canonical package licensing

Posted Feb 20, 2014 1:44 UTC (Thu) by jspaleta (subscriber, #50639) [Link]

Or... we can examine a Mint install image payload and see if we can detect any existing Canonical owned trademark material at all in the images. Install image or livecd, whatever Mint produces as bootable media.

And then we can install a base Mint system using that image and see if we can detect any existing Canonical owned trademark material at all on the filesystem left behind by the install process.

And then we can go to Mint's repositories and check all its packages for any Canonical owned trademark material.

We don't have to be lawyers to look for trademarked material. If we don't find any, than its pretty obvious there's nothing to worry about.

Remembering of course that filenames on the system with the word Ubuntu in them are not trademark protected instances nor are packagenames which can be used to cause marketplace confusion.

If that were not true, then Red Hat would need also be a licensee, as Fedora has both packagenames and filenames with the word ubuntu in them...as part of downloadable content. And I think Debian as well, right... Debian has packages which drop payloads using filename with the word ubuntu in them.

I would LOVE to see Canonical ask Red Hat to be a licensee on the grounds that Fedora ships files with the word ubuntu in the name as part of a trademark due diligence campaign. L-O-V-E I-T. It would be like Christmas.


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