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

[Christian Stroetmann]

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 
> <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.
>
>     https://download.sugarlabs.org/sources/sucrose/glucose/sugar-artwork/sugar-artwork-0.111-libre.tar.xz
>     <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
>
>
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>
>
>
>
> -- 
> 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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