[maemo-developers] maemo trademark

[From: quim.gil at nokia.com]

I owed an answer to Guillem:
http://lists.maemo.org/pipermail/maemo-developers/2007-May/010397.html

Thanks for challenging the maemo trademark policy with specific
examples. They help to detect cases where it would make sense to have a
tool to protect your identity and reputation.

> In the general section when talking about the maemo trademark and
significant
> changes done to products and services it states those may not be
distributed.
> Even if it seems to refer to maemo as a whole (like the distro or
whatever),
> I take that applies to single software projects which have maemo in
their name
> as well?

As for today the only product released as maemo is the SDK and
associated repository for developers (i.e maemo 3.2 Bora). If you make
significant changes to it you can't call it maemo anymore.

About other software projects using maemo for historical reasons (i.e.
Maemo Something), we don't decide whether an altered version can or
can't be named as Maemo Something. We might help the Maemo Something
maintainers if they want to enforce a forked version to be named
differently. We might end up unauthorizing both using maemo if they
cause such a mess and it looks like we have something to do with that. 

Hopefully we never have to make use of this clausule.  


> How much would be a significant change (I'm thinking on the general
patching
> a distro might do which depending on your interpretatino might be
significant)?

To be defined if someone raises a case but I guess it would be measured
at a functionality level + look & feel.


> If the non-commercial use right applies to those single projects
(which I also
> take it does), those would have to be renamed on inclusion on free
distros so
> that derivatives can use them safely?

Hum, good point. You mean i.e. that Maemo Something would be packaged
for Distro Mobile and then shipped in Mobile Device that would charge
for the software or would promote Maemo Something as part of their
commercial strategy. If that's the case Mobile Device, Distro Mobile and
Maemo Something could be theoretically in trouble, yes.

I say theoretically because we would always decide whether to take
action or not. In the current mode the previous example could be
considered good publicity for the maemo platform. It is good to have a
protection in the case the combinations damage our image, though.


> What's the license for those logos, there's not file stating any in
the zip file? 

Hum, I have to ask but it looks like indeed there isn't any. If I'm
right it means that right now the license would be "All rights
reserved". I guess what we want is something like
http://creativecommons.org/licenses/by-nc-nd/3.0/ - or whatever is
similar for logos and other images you want to redistribute but not
alter. Suggestions welcome.


>> Of course all the projects/products currently called maemo something
can 
>> keep the name. You were quicker than us, well done. You will be
subject 
>> to the policy and guidelines, though, just like anybody else
(including 
>> i.e. the team running this website). 
>
> This contradicts with what's stated on the FAQ, which is the correct
one?

I don't see contradiction today. The FAQ says:

Q: I already have an application/plug-in/theme/... product that contains
the name maemo. Do I need to change the name of my product or ask
permission from Nokia to continue using my current product name?

A: If you have published your product or service before maemo published
the first draft version of the maemo trademark policy (before 11.5.2007)
you do not need to do anything. Maemo trademark policy and maemo
trademark usage guidelines are applied only to those products and
services that are published after the first draft version of maemo
trademark policy was published. 

Quim