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To: <gentoo-nfp@g.o>
From: "Daniel Robbins" <drobbins@g.o>
Subject: RE: CDs and t-shirts
Date: Sat, 17 Apr 2004 09:24:37 -0600
> 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


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Replies:
Re: CDs and t-shirts
-- Kurt Lieber
References:
Re: CDs and t-shirts
-- Paul de Vrieze
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Updated Jun 17, 2009

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