Alexander Chamandy wrote:

>On Sun, 13 Feb 2005 16:02:24 -0500, Sean Davis <erplefoo@gmail.com> wrote:
>  
>
>>I don't think it was communicated either, but I'm not positive. I do
>>know, however, that the plan was to donate any
>>NetBSD-logo-sale-related profits to NetBSD. The thing that irks me is
>>that, as pointed out in the article written by the person who started
>>the BSDfreak shop:
>>    
>>
>
>While it wasn't directly communicated with TNF, I feel it is important
>to note that there are a myriad of shops out there distributing open
>source merchandise, most of them for their own gain, not to donate. 
>BSDFreak's shop made it clear in the mission statement that we would
>be donating funds back to the community.
>  
>

Without specifically addressing some of the other points raised, I'll 
just quote from the disclaimer page ( 
http://www.netbsd.org/Misc/disclaimer.html ):


      "NetBSD Flag Copyright

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 (©) 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>>|."

By selling merchandise with the flag logo without explicit written 
permission, you are in clear violation.  Whatever the board's position 
on your particular setup, TNF are *required* to rigorously pursue 
trademark and/or copyright violations, or they could easily lose them.

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

+j

-- 
Jeff Rizzo                                         riz@redcrowgroup.com
Red Crow Group LLC                                 http://www.redcrowgroup.com/
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