Subject: Re: [lo] Re: Flag logo CPU badges?
To: Jeff Rizzo <riz@redcrowgroup.com>
From: Alexander Chamandy <bsdfreak@gmail.com>
List: netbsd-advocacy
Date: 02/13/2005 16:43:13
> The NetBSD Flag image was drawn as an entry in the NetBSD logo contest.
> Ownership of the image was transferred to The NetBSD Foundation, and the
> image and any parts thereof are Copyright (=A9) 2004 by The NetBSD
> Foundation. All rights reserved. Non-commercial and personal use of the
> image is permitted, provided that it remains unmodified. Mass
> production, commercial use, or use of a modified copy of the image
> requires explicit written permission. Permission may be obtained by
> writing to The NetBSD Foundation at |<board@NetBSD.org
> <mailto:board@NetBSD.org>>|."

*Non-commercial and personal use of the
image is permitted, provided that it remains unmodified.* =20

How was BSDFreak's usage commercial?  We were donating *ALL* funds
back to TNF, not to mention, BSDFreak is not a for-profit site.  All
funds generated by BSDFreak by advertising or BSDFreak's own
merchandise sales are used for operational costs, promotions and
donated back to the community accordingly.

> When someone doesn't play by the rules, I have no sympathy for them when
> they cry "Foul!"

While I respect your point of view, I will still fall back on the
argument that enforcing trademarks and copyrights that TNF cannot
litigate is akin to the behavior of a gorilla puffing up its chest to
make itself bigger and scarier looking than it actually is.=20
Effectively, the marks, as they cannot be defended, will be dilluted
over time and indefensible.  Eventually an entity will refuse to
comply with a cease and decist letter, challenge TNF to litigate and
the mark will fall in to disarray with no real owner.

There is also a certain irony, in my view, of open source projects
fervently defending intellectual property.   Much of the OSS community
hasn't the best view of zealously defending IP.  *Ahem*, SCO, DMCA,
European software patents (as they were originally proposed).  Need I
say much more?  :)


--=20
Best wishes,

Alexander G. Chamandy
Webmaster
www.bsdfreak.org
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