Debian Logo license infringement

Ricardo Yanez · External Since: May 06, 2007 Posts: 4

Hi debian legal list,

I've been approached by what seems to be an attorney from a Chilean NGO
called "Derechos Digitales" (http://www.derechosdigitales.org/), pointing
out that a financial newspaper called "Diario Financiero"
(http://www.elfinanciero.cl/) is using the Debian swirl logo illegally.

He wants to represent Debian in some sort of legal action.

Is this something Debian pursues?

Ricardo Yanez

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Ben Finney · External Since: Jun 02, 2006 Posts: 125

"Ricardo Yanez" <ricardo.yanez RemoveThis @calel.org> writes:

> I've been approached by what seems to be an attorney from a Chilean
> NGO called "Derechos Digitales" (http://www.derechosdigitales.org/),
> pointing out that a financial newspaper called "Diario Financiero"
> (http://www.elfinanciero.cl/) is using the Debian swirl logo
> illegally.
>
> He wants to represent Debian in some sort of legal action.

Do you know his motivations for offering this?

> Is this something Debian pursues?

The Debian trademarks and copyrights are held by Software in the
Public Interest. The logos each have a copyright license
<URL:http://www.debian.org/logos/>, but the discussion of the policy
on trademark licensing is ongoing
<URL:http://wiki.debian.org/ProposedTrademarkPolicy>.

If the lawyer wants to, they can contact SPI to get a more official
answer than this mailing list can provide.

--
\ "Success is going from one failure to the next without a loss |
`\ of enthusiasm." -- Winston Churchill |
_o__) |
Ben Finney

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Ricardo Yanez · External Since: May 06, 2007 Posts: 4

> "Ricardo Yanez" <ricardo.yanez RemoveThis @calel.org> writes:
>
>> I've been approached by what seems to be an attorney from a Chilean
>> NGO called "Derechos Digitales" (http://www.derechosdigitales.org/),
>> pointing out that a financial newspaper called "Diario Financiero"
>> (http://www.elfinanciero.cl/) is using the Debian swirl logo
>> illegally.
>>
>> He wants to represent Debian in some sort of legal action.
>
> Do you know his motivations for offering this?
>

No, I can't say I know his motivation, although this NGO seems to be a
non-profit organization, formed around the University of Chile, with the
intention of defending human rights in the digital world. At least that's
what they claim in their "About Us" page.

>> Is this something Debian pursues?
>
> The Debian trademarks and copyrights are held by Software in the
> Public Interest. The logos each have a copyright license
> <URL:http://www.debian.org/logos/>, but the discussion of the policy
> on trademark licensing is ongoing
> <URL:http://wiki.debian.org/ProposedTrademarkPolicy>.
>
> If the lawyer wants to, they can contact SPI to get a more official
> answer than this mailing list can provide.
>

I'll pass the information.

Thanks,
Ricardo Yanez

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MJ Ray · External Since: Jun 02, 2005 Posts: 273

Ricardo Yanez <ricardo.yanez DeleteThis @calel.org> wrote:
> I've been approached by what seems to be an attorney from a Chilean NGO
> called "Derechos Digitales" (http://www.derechosdigitales.org/), pointing
> out that a financial newspaper called "Diario Financiero"
> (http://www.elfinanciero.cl/) is using the Debian swirl logo illegally.

Where is the swirl? Can someone put up a screenshot or scan of it, please?

> He wants to represent Debian in some sort of legal action.
>
> Is this something Debian pursues?

I think the answer is 'it depends'. It sounds like the trademark is not
infringed in this case (it's not even about software), so that leaves
the copyright, perhaps. It has been claimed that the swirl is not very
difficult to create independently, so this may not be worth pursuing.
If it was used about software, or they'd used the Official Use (bottle)
logo, that would be more likely to be chased IMO.

Regards,
--
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct

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