[Sugar-devel] [RELEASE] Sugar-Artwork 0.111-libre unstable
stroetmann at ontolab.com
Fri Sep 15 12:38:55 EDT 2017
I followed the discussion about the OLPC logo with great interest. Sadly
to say, I was already running out of popcorn last month.
First of all, someone in this threat said the right things about
trademarks. I would like to add the following points:
1. The OLPC logo is a trademark and as long as Sugarlabs has no written
allowance to use it the alleged legal problem exists indeed. But ...
3. OLPC has tolerated the use since 2006 and did not change its position
after OLPC and Sugarlabs departed. What is developing in this case is a
so-called customary right, which means that Sugarlabs might already have
the right to use the OLPC logo. I would recommend that OLPC and
Sugarlabs get together, pay the fee together, and care for the trademark
against misuse together.
2. Furthermore, one of the most important points when handling an
infringement of a trademark right is how the broad public (e.g. 65% of a
representative group as accepted by a judge) interprets a
sign/logo/trademark and connects it to an entity (e.g. person,
organization, corporation) respectively is answering the question if a
confusion of the broad public between the trademark owner and the
trademark user does exist. The latter might be the case with every logo
that is an abstraction of the Vitruvian (see da Vinci) in the case of
the OLPC logo and an abstraction or clipart of a foot in the case of the
4. As far as I have noticed it, the OLPC logo is used as a functional
icon of the Graphical User Interface (GUI) and hence it is covered by
the GPL in an illegal way. Sugarlabs is not allowed to impose any other
license on signs/logos/trademarks that it does not own, is not allowed
explicitly to use in this way, or has no copyright for.
5. I like the OX logo because it is a nice abstraction of the Vitruvian
and similar graphics. Nevertheless, an alternative logo or this function
that allows to select an individual logo by the users might be
interesting as well.
6. As far as I noticed, there are children on this mailing list, too,
and everybody should be an ideal for them when discussing and solving
problems. Somehow, this does not always work as it should do. ;)
> Thank you Sebastian,
> This debug was long time due. Now Sugar can be called "Libre" :D
> I honestly didn't ever like the OLPC logo icon and the new feet are
> very cute!
> 2017-09-15 10:08 GMT-05:00 Sebastian Silva <sebastian at fuentelibre.org
> <mailto:sebastian at fuentelibre.org>>:
> Hello Sugar friends,
> I am assuming the responsibility of making a new release of
> Sugar-Artwork package featuring the omission of a Trademarked logo.
> To avoid conflicts with incumbent parties, I have not increased
> the version number, instead I have tagged the release as 0.111-libre.
> *This release comes with a stern warning to downstream
> distributors and users, that the XO computer icon is trademarked
> and, in the absence of a suitable (trademark) license, it
> constitutes a risk to downstream developers and deployments.*
> Sugar-devel mailing list
> Sugar-devel at lists.sugarlabs.org
> <mailto:Sugar-devel at lists.sugarlabs.org>
> Laura V.
> *I&D SomosAZUCAR.Org*
> “Solo la tecnología libre nos hará libres.”
> ~ L. Victoria
> Happy Learning!
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