Gentoo Archives: gentoo-nfp

From: Ulrich Mueller <ulm@g.o>
To: gentoo-nfp@l.g.o
Cc: licenses@g.o
Subject: [gentoo-nfp] Reconsider the license of the "g" logo (item for Trustees meeting)
Date: Mon, 07 Nov 2016 14:20:22
1 tl;dr Consider relicensing the blue "g" logo [1] and the red "gentoo"
2 logo [2] under CC-BY-SA-2.5 (or 3.0).
4 Currently, different versions of the "g" logo are distributed under
5 different licenses. The vector version [3] is distributed under
6 CC-BY-SA-2.5, but the Blender version [1] under CC-Sampling-Plus-1.0.
7 I would like to ask Trustees to reconsider their decision (taken in
8 the 2010-08-15 meeting) on the license of the Blender version, for the
9 following reasons.
11 [Most of the following is taken from my comments in [4]. Repeating and
12 complementing it here for convenience.]
14 1. Creative Commons have retired their Sampling-Plus licenses on
15 2011-09-12, see [5] and [6] for details.
17 2. CC-Sampling-Plus-1.0 is incompatible with most free licenses,
18 including all versions of CC-BY and CC-BY-SA. Consider the following
19 example: A Gentoo developer gives a talk at a conference, and licenses
20 it under CC-BY-SA-3.0. The original image of the "g" logo is used on
21 the title page, and a lightened version is used as page background.
22 Now, since CC-Sampling-Plus-1.0 is incompatible with CC-BY-SA-3.0, the
23 slides cannot be distributed at all. I doubt that this is the result
24 which is desired in this scenario.
26 3. Two different legal tools are mixed here, namely copyright and
27 trademark protection. Note that there are large corporations whose
28 logo doesn't meet the threshold of originality [7,8] or where
29 copyright has expired [9]. These logos are in the public domain,
30 as far as copyright is concerned, but there is trademark protection
31 nevertheless. Apparently, these corporations don't think that the
32 missing copyright protection of their logo would dilute their brand.
34 4. I doubt that having different licenses (namely CC-Sampling-Plus-1.0
35 and CC-BY-SA-2.5) for versions of the logo that have only slightly
36 different visual appearance could help protecting the Gentoo brand.
37 Someone who is using the vector version in violation of the Name and
38 Logo Usage Guidelines could argue that these don't apply to the vector
39 version, because the Gentoo Foundation itself makes a distinction
40 between the two versions.
41 Therefore, I'd rather see all versions of the "g" logo treated the
42 same (and licensed under CC-BY-SA-2.5), with a clarification added to
43 the Guidelines that these are only differently rendered versions of
44 the same (trademarked) logo. In fact, from the drawing submitted to
45 the USPTO [10] it is impossible to distinguish to which of the two
46 versions of the logo the trademark would apply.
48 5. Finally, I find CC-Sampling-Plus a curious choice of a license
49 for our logo. It encourages distribution of derivative works that are
50 "highly transformative of the original". IMHO, this is the last thing
51 one would want for a trademarked logo. Indeed it directly contradicts
52 the Name and Logo Usage Guidelines which explicitly forbid variations
53 "that change the aspect ratio or otherwise distort the shape" [11].
55 In conclusion, please consider relicensing the Blender version of the
56 blue "g" logo [1] under CC-BY-SA-2.5, identical to the vector version.
57 (Alternatively, version 3.0 of the same license could be used, which
58 would agree with the license used for most of our documentation.
59 Double licensing under || ( CC-BY-SA-2.5 CC-Sampling-Plus-1.0 ) would
60 be possible, too.)
62 Most of the above arguments also apply to the red "gentoo" logo [2]
63 which contains the "g" as its first letter.
65 Ulrich
68 [1]
69 [2]
70 [3]
71 [4] comments #23 and #29
72 [5]
73 [6]
74 [7]
75 [8]
76 [9]
77 [10]
78 [11]