Gentoo Archives: gentoo-nfp

From: Daniel Robbins <drobbins@g.o>
To: gentoo-nfp@l.g.o
Subject: RE: [gentoo-nfp] CDs and t-shirts
Date: Sat, 17 Apr 2004 15:24:38
Message-Id: E1BErgL-00027O-AA@smtp.gentoo.org
In Reply to: Re: [gentoo-nfp] CDs and t-shirts by Paul de Vrieze
> I talked with Daniel yesterday. Basically the reason for this > whole license thing is that there must be some garantees > against the NFP falling appart. We hope there won't be fights > in the board either, but in case such things happen, Daniel > would be able to take the trademark, the GPL'ed source and > the developers and continue the distribution.
There is no "special arrangment" in the NFP plan to allow me to do this. I think the most that would be possible is something like this: if the NFP totally disintegrates and ceases to function, I would be able to set up a Web site (using these trademarks on the site legally) and either allow a new community to form around the code, or allow any existing Gentoo community continued use of their tradename and logo. My lawyer (looking out for my best interests) initially wanted me to hold on to the trademarks and grant a license to the NFP. I negotiated him down to what I presented to everyone, that the trademarks will be transferred to the NFP and the NFP in turn will issue a license to me.
> After the NFP > has lived for a while ( and has gone through several board > changes ) this should not be necessary and the license could > be given back.
If the NFP survives, it would still have ownership of the trademarks. There's no way for me to take them from the NFP, so no need for the NFP to take them back. The NFP could simply resume using them if (theoretically) it shut down for a period of time but then resumed its mission. The other reasoning for allowing me to use the marks is one of fairness. I developed the "Gentoo" brand and committed myself to giving this brand value. I personally designed the "G" logo (in blender; it was a lot of work.) They could legitimately be sold to the NFP rather than just transferred. This is what my lawyer suggested I do, because from his perspective it is common sense. I again talked him down for just the ability to continue to use them and thus keep running the Store as a separate entity for as long as I choose. Daniel -- gentoo-nfp@g.o mailing list

Replies

Subject Author
Re: [gentoo-nfp] CDs and t-shirts Kurt Lieber <klieber@g.o>