From mboxrd@z Thu Jan 1 00:00:00 1970 From: Jean Louis Subject: Re: MAME emulator is giving incentive to use non-free software Date: Tue, 29 Mar 2016 15:51:44 +0200 Message-ID: <20160329135144.GA30468@protected.rcdrun.com> References: <20160328215516.GA27719@protected.rcdrun.com> <877fglzmml.fsf@T420.taylan> <20160329101253.GA5567@protected.rcdrun.com> <878u11mnnr.fsf@gnu.org> Mime-Version: 1.0 Content-Type: text/plain; charset=utf-8 Content-Transfer-Encoding: quoted-printable Return-path: Received: from eggs.gnu.org ([2001:4830:134:3::10]:37571) by lists.gnu.org with esmtp (Exim 4.71) (envelope-from ) id 1aku51-0000UP-J0 for guix-devel@gnu.org; Tue, 29 Mar 2016 09:53:12 -0400 Received: from Debian-exim by eggs.gnu.org with spam-scanned (Exim 4.71) (envelope-from ) id 1aku50-0006PX-FG for guix-devel@gnu.org; Tue, 29 Mar 2016 09:53:11 -0400 Content-Disposition: inline In-Reply-To: <878u11mnnr.fsf@gnu.org> List-Id: "Development of GNU Guix and the GNU System distribution." List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , Errors-To: guix-devel-bounces+gcggd-guix-devel=m.gmane.org@gnu.org Sender: guix-devel-bounces+gcggd-guix-devel=m.gmane.org@gnu.org To: Ludovic =?utf-8?Q?Court=C3=A8s?= Cc: guix-devel@gnu.org Hello Ludovic, You do need legal counsel my friend. I suggest you ask for help of few attorneys from FSF to help you with understanding on what trademarks are and how they can be used to demand control over their rights. Nintendo trademark in the package is certainly wrong. Not even the author is advertising in that manner the package. Did you go to author's page to see that there is no trace of "Nintendo" on the page? The point is of legal nature. It is not based on opinions. I have given you enough clues by which you can seek legal counsel and true legal advice. Keep in mind, by this way, "Nintedo Emulator" is still endagering GuixSD system as such, including all other users who wish to copy it, as it is open to attacks. Same with MAME. That is of enough clue to be concerned and to ask truly legal advice. I am paralegal assisting attorneys in registration of trademarks. For sake of responsibility of what is distributed and understanding how it can affect multiple people worldwide, it is better doing what I am suggesting. Seek advice. Jean Louis On Tue, Mar 29, 2016 at 03:14:32PM +0200, Ludovic Court=C3=A8s wrote: > > For your understanding: > > > > - I cannot just take your package definition and copy it on my websit= e, > > because it includes trademark, it is simply not free description of > > the package. It asks for problems in future, with Nintendo.=20 > > > > - I cannot sell the package or that software, neither provide support= , > > in that shape or form, with the trademark Nintendo=C2=AE because I = don't > > have permission for that. > > > > - a software definition cannot be just made up with trademarks, > > especially not with well known trademarks, and claimed to be GPL > > licensed > > > > - software using trademarks within the source is also questionable. >=20 > I respectfully think that this interpretation is incorrect. >=20 > GPL software is certainly free, trademark or not. >=20 > The FSDG item linked above is implicitly concerned with trademarks that > relate to the name of the software package, as is the case with Firefox > and (apparently) MAME. These are free software packages, but we may no= t > be allowed to distribute them under these names. We still get the 4 > freedoms, obviously, as long as changing the name is trivial (for > instance Firefox has a =E2=80=98configure=E2=80=99 switch for that.) >=20 > IIUC, the Nintendo emulators we=E2=80=99re talking about mention =E2=80= =9CNintendo=E2=80=9D in > their synopsis, but that is most likely a legitimate use of the > trademark=E2=80=94just like mentions of =E2=80=9CIntel=E2=80=9D, the =E2= =80=9CX Window System=E2=80=9D, etc. >=20 > IMO, a valid reason why we could discuss exclusion of these packages is > if they do not have any other use than playing non-free games. I guess > this is an important use case, but I don=E2=80=99t know if it=E2=80=99s = the only one. >=20 > Thoughts? >=20 > Ludo=E2=80=99.