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 19:47:54 +0200 Message-ID: <20160329174754.GB5951@protected.rcdrun.com> References: <20160329002620.GB6484@jookia-eeepc.Home> <20160329044242.GA1239@protected.rcdrun.com> <20160329062711.GA17752@jookia-eeepc.Home> <20160329073040.GA20807@protected.rcdrun.com> <20160329082522.GA10814@jookia-eeepc.Home> <20160329120051.GD13512@protected.rcdrun.com> <87h9fpnz1o.fsf@gnu.org> <20160329145251.GB26383@protected.rcdrun.com> <87mvphjm4w.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]:44499) by lists.gnu.org with esmtp (Exim 4.71) (envelope-from ) id 1akxlX-0004XR-E8 for guix-devel@gnu.org; Tue, 29 Mar 2016 13:49:23 -0400 Received: from Debian-exim by eggs.gnu.org with spam-scanned (Exim 4.71) (envelope-from ) id 1akxlW-0000jq-9k for guix-devel@gnu.org; Tue, 29 Mar 2016 13:49:19 -0400 Content-Disposition: inline In-Reply-To: <87mvphjm4w.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 Ludo, Please understand, I have nothing personal against you and your work, I appreciate it much, to make functional operating system and future is bright, as people will tend to use Guix and GuixSD for the features it offers. There shall be somebody checking the issues before the package is included. That is my opinion, of course you do as you wish. Process should be like this: - does the package use free software license as specified by FSF? - if yes, does it use any trademarks? - if yes, does the trademark owner explicitly says in the package that trademark may be used in compatible manner with the license? - if it cannot be used in compatible manner with the license, trademark shall be removed or otherwise handled. Above is for trademarks that belong to software owners. But there is one more important question when deciding on package inclusions: - does the package includes well known third party trademarks, that don't belong to the sofware author? This is more dangerous than the trademarks that belong to software owner, although respect shall be given to both in equal manner IMHO. With the trademark one can take down all the distribution from the website, at least temporarily. One is open to attacks. Did you see how NPM reacted, they reacted wrongly to simple accusation, but in their case, there was no trademark infringement, it was just warning. And they over-reacted. In my opinion, there was no trademark infringement with the KIK Interactive. It was lack of knowledge on NPM side.=20 Read here: https://en.wikipedia.org/wiki/Trademark_infringement Trademark has different classes. For example, cooking would be different from tyre sales. I could call my cooking recipes or business MIRKADO=C2=AE = if I wish, while tyre sales could call them MIRKADO=C2=AE if they wish. That = is not infringing, unless the trademark is well known by special convention. For example, one cannot open a business for car sales and name it Coca-Cola, it would not work, as trademark is well known (with exceptions of some countries if they don't follow the convention). Definition of infringement: Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. And the Nintendo emulator in GuixSD is clearly: - using Nintendo trademark, making it non-free, as users cannot just legally copy GuixSD and give to others. Whole distribution is infected with it, as the package definition uses the trademark and in the source there appears "Nintendo" too. - the trademark is used in the relation to products or services which are identical or similar to the products or services which the registration covers. That applies. These both cases applies to packages of Nintendo, and to the intended package of MAME. That is for your consideration. I am sharing my knowledge and experience with you. Jean Louis