Mailinglist Archive: opensuse-project (325 mails)

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Re: [opensuse-project] Project name and logo discussion
  • From: Pierre Böckmann <pb@xxxxxxxxxxxx>
  • Date: Mon, 17 Jun 2019 12:17:51 +0200
  • Message-id: <1985791.BiOAnCJ8Em@linux-u0tl>
On Monday, 17 June 2019 11:59:40 CEST Richard Brown wrote:
While SUSE does not wish to formally rule anything out at this time,
their opinion is that, if the openSUSE Project was to formally request
that SUSE transfers ownership of the openSUSE trademarks to the
Foundation, then SUSE would almost certainly have to decline that
request.
This is because it is highly unlikely any trademark law anywhere would
be compatible with the idea of a legally separate organisation owning
a trademark that contains another organisations trademark.

This comes as no surprise.

One possibility open for consideration is the idea of licensing the
openSUSE Marks to the Foundation.
Such a thing will need to happen even if the Foundation forms under a
different name but if we were to wish to continue using the openSUSE
name in our distributions.
It is possible that such a license could be exclusive and maybe
non-revokable. But any such license will likely have to come with
conditions, which could restrict Foundation from some activities which
could be seen to be competition with SUSE's business of providing support
for software. While there is further investigation required, it is not
expected that any such restriction would impact openSUSE's current
activities which include 3rd parties redistributing openSUSE in a
commercial setting (Box sets, pre-installed on hardware, hosting).

As far as the foundation is able to act freely within a fair scope of actions
this is fine for me.

I think the discussion has reached a point where as a Project we
should consider a straight 'Yes/No' vote for the question of "Should
openSUSE continue to use the openSUSE name and trademarks?"

Wish I'd be a member already. Nonetheless, I think you guys will make a well
considered and careful decision.

I will be voting "Yes" for the proposed question or any similarly
worded referendum on this topic.
I feel the best course forward would be for openSUSE to continue to
use the name openSUSE, and I'm mostly comfortable with the Project's
ability to stomach the consequences of such a decision.

The only way I could see myself changing that opinion would be that,
as we negotiation the details around the Foundation, if any legal/tax
or other circumstances were to arise that would limit openSUSE's
ability to be reused and redistributed at least as widely as it is
today.

But we can reopen such a topic if we find such a condition arising.

One open question left. If you already answered it, excuse me, I lost track of
the conversation a bit.

Is this YES a yes to use the openSUSE name and trademark for the foundation,
too, or only for use with the distributions and we will still figure out a
different name for the foundation?

Kind regards
Pierre


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