[Consortium] Re: Linux trademark fees for non-profit organisations

Daniel James daniel at linuxaudio.org
Thu Jun 30 11:35:51 EDT 2005


Hi Jon,

> We plan on creating a FAQ that explains some of the harder points
> of law in more understandable terms.

I think that would be a good move. There's plenty of scope for 
misunderstanding here.

> > However, the actual licence text, by setting an annual fee for 
> > non-profits, seems to contradict it's own fair use provisions.
>
> The term "fair use" is a very legal term, and has very specific
> needs.  I can not just say that your use of the term "Linux" is
> "fair use" just because it fits the definition of what you and I
> might consider "fair".

Quite. My main concern is that legitimate non-profit groups are 
dissuaded from having Linux in their name, which would obviously be 
counterproductive.

> >As far as linuxaudio.org is concerned, we could help that effort
> > by putting 'LINUX® is a registered trademark of Linus Torvalds'
>
> This would be a wonderful thing, and would help to protect the Mark
> in any case.

I've done that today, and put in a link to linuxmark.org.

A suggestion: why not have someone connected to LMI write an article 
about the defence of the Linux trademark, encouraging sites to adopt 
the trademark statement (if they haven't done so already)? I can 
suggest this to the editor of LinuxUser & Developer if you like. I 
think it would be a good subject for a one page column (around 800 
words).

> I beg to be quiet about this at this point so
> I can prepare for a board meeting where I will discuss your
> concerns and feedback with the attornies and other board members.

Of course, that's why I contacted you instead of posting on 
Slashdot :-)

Cheers!

Daniel



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