[Sugar-devel] [RELEASE] Sugar-Artwork 0.111-libre unstable

[Walter Bender]

Christian,

Thank you for your synopsis.  I think you make good points. However, I
think the situation is further complicated by the fact that OLPC released
Sugar Artwork under the GPL prior to the creation of Sugar Labs.  I defer
to our lawyer at SFC, to sort through this on our behalf.

Regards.

Walter

On Sep 15, 2017 12:39 PM, "Christian Stroetmann" <stroetmann at ontolab.com>
wrote:

> Hello Everybody
>
> 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 Gnome logo.
> 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. ;)
>
>
>
> Best regards
> Christian Stroetmann
>
> 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!
>
>
> Regards
>
>
> 2017-09-15 10:08 GMT-05:00 Sebastian Silva <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.
>>
>> https://download.sugarlabs.org/sources/sucrose/glucose/sugar
>> -artwork/sugar-artwork-0.111-libre.tar.xz
>>
>> *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.*
>> Regards,
>>
>> Sebastian
>>
>> _______________________________________________
>> Sugar-devel mailing list
>> Sugar-devel at lists.sugarlabs.org
>> http://lists.sugarlabs.org/listinfo/sugar-devel
>>
>>
>
>
> --
> Laura V.
> * I&D SomosAZUCAR.Org*
>
> “Solo la tecnología libre nos hará libres.”
> ~ L. Victoria
>
> Happy Learning!
> #LearningByDoing
> #Projects4good
> #IDesignATSugarLabs
> #WeCanDoBetter
>
>
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