12 | | Haiku, Inc.(the "NPO") is a 501(c)(3) non-profit organization dedicated to |
13 | | supporting the Haiku Project (the "Project") and the development of HAIKU |
14 | | (the "Software"). |
15 | | At a minimum, the Project is comprised of those with commit access to the |
16 | | Software's source code repositories. Additional definitions of what roles and |
17 | | persons are to be considered part of the Project is outside of the NPO's duties. |
18 | | The Software is an open-source operating system for x86 compatible of i586 and |
19 | | greater (including Pentium® and Athlon™). It is inspired by BeOS, which was |
20 | | developed by Be Inc. and currently is intellectual property of ACCESS Co. |
21 | | Additional platforms (arm, ppc, m68k, mips, x86_64) are in various stages of |
22 | | development. |
23 | | The HAIKU logo and name are the trademarks (the "Marks") owned by the NPO. |
| 12 | Haiku, Inc.(the "NPO") is a 501(c)(3) non-profit organization dedicated to supporting the Haiku Project (the "Project") and the development of HAIKU (the "Software"). At a minimum, the Project is comprised of those with commit access to the Software's source code repositories. Additional definitions of what roles and persons are to be considered part of the Project is outside of the NPO's duties. The Software is an open-source operating system for x86 compatible of i586 and greater (including Pentium® and Athlon™). It is inspired by BeOS, which was developed by Be Inc. and currently is intellectual property of ACCESS Co. Additional platforms (arm, ppc, m68k, mips, x86_64) are in various stages of development. The HAIKU logo and name are the trademarks (the "Marks") owned by the NPO. |
25 | | Throughout this document, phrases akin to "within good taste and obvious restrictions" appear. |
26 | | "good taste", is easiest defined by examining something that is not in |
27 | | good taste, such as the Marks being used in a manner that disrespects others, |
28 | | be it persons, other projects, etc. |
29 | | "obvious restrictions" includes, but is not limited to usage in any unlawful, |
30 | | defamatory, threatening, obscene, pornographic or any other way which would |
31 | | degrade Haiku's reputation or bring civil liability upon the NPO or Project. |
| 14 | Throughout this document, phrases akin to "within good taste and obvious restrictions" appear. "good taste", is easiest defined by examining something that is not in good taste, such as the Marks being used in a manner that disrespects others, be it persons, other projects, etc. "obvious restrictions" includes, but is not limited to usage in any unlawful, defamatory, threatening, obscene, pornographic or any other way which would degrade Haiku's reputation or bring civil liability upon the NPO or Project. |
35 | | Our interests in the Trademark policy is to protect the name, image, |
36 | | and brand that is HAIKU through regulation. While the wording in this |
37 | | policy may appear strict, it should be clearly expressed that Haiku, |
38 | | Inc. has a policy of granting permission with a minimum of effort |
39 | | where it is visibly good for the Project and makes sense. The policy |
40 | | put forth here is needed to prevent use that is damaging to the NPO |
41 | | and the Project. |
| 18 | Our interests in the Trademark policy is to protect the name, image, and brand that is HAIKU through regulation. While the wording in this policy may appear strict, it should be clearly expressed that Haiku, Inc. has a policy of granting permission with a minimum of effort where it is visibly good for the Project and makes sense. The policy put forth here is needed to prevent use that is damaging to the NPO and the Project. |
58 | | Send an email to the haiku-inc freelists mailing list or contact us |
59 | | privately at info@xxxxxxxxxxxx (eventually to become an @haiku-inc.org |
60 | | address). You are encouraged to engage us publicly, as it provides the |
61 | | community at large an opportunity to participate and suggest points |
62 | | that may otherwise be overlooked. |
| 33 | Send an email to the haiku-inc freelists mailing list or contact us privately at info@xxxxxxxxxxxx (eventually to become an @haiku-inc.org address). You are encouraged to engage us publicly, as it provides the community at large an opportunity to participate and suggest points that may otherwise be overlooked. |
64 | | If a discussion is occurring on another public mailing list and one of |
65 | | the BOD members have not responded, send an email to the haiku-inc |
66 | | freelists mailing list, as it is possible for the on-going discussion |
67 | | to have gone unnoticed. eg, due to a higher volume or simply being a |
68 | | list to which none of us are subscribed to. |
| 35 | If a discussion is occurring on another public mailing list and one of the BOD members have not responded, send an email to the haiku-inc freelists mailing list, as it is possible for the on-going discussion to have gone unnoticed. eg, due to a higher volume or simply being a list to which none of us are subscribed to. |
81 | | Now, as soon as money becomes any part of that exchange -- eg |
82 | | collecting donations, directly selling, or charging any type of fees, |
83 | | the NPO must be notified and grant you authorization *prior* to doing |
84 | | so. |
| 45 | Now, as soon as money becomes any part of that exchange -- eg collecting donations, directly selling, or charging any type of fees, the NPO must be notified and grant you authorization *prior* to doing so. |
101 | | At large Haiku, Inc. is not interested in defining the structure or |
102 | | requirements off Haiku User Group sites nor which sites are to be |
103 | | recognized as official portals for conveying the message of the |
104 | | Project. In this matter, the current members of Haiku, Inc. who happen |
105 | | to be Contributing Project members have an equal voice as as every |
106 | | other Contributing Project member. |
| 58 | At large Haiku, Inc. is not interested in defining the structure or requirements off Haiku User Group sites nor which sites are to be |
| 59 | recognized as official portals for conveying the message of the Project. In this matter, the current members of Haiku, Inc. who happen |
| 60 | to be Contributing Project members have an equal voice as every other Contributing Project member. |
108 | | Unfortunately, the NPO is sharing space with the main Project website. |
109 | | This can be viewed as the NPO directly influencing the Project. It is |
110 | | planned to migrate the NPO's pages to a separate website |
111 | | (www.haiku-inc.org), as this will help to define the NPO's limited ability |
112 | | to influence the Project. It will also help clarify what news, articles, information |
113 | | is coming from the NPO. |
| 62 | Unfortunately, the NPO is sharing space with the main Project website. This can be viewed as the NPO directly influencing the Project. It is planned to migrate the NPO's pages to a separate website (www.haiku-inc.org), as this will help to define the NPO's limited ability to influence the Project. It will also help clarify what news, articles, information is coming from the NPO. |
131 | | As with any site relating to Haiku and making use of one or more |
132 | | trademarks (including the name "haiku"), the NPO has a requirement |
133 | | that the website visitors be informed that any donations or money |
134 | | directed to the site does not go to Haiku, Inc. nor towards the Haiku |
135 | | Project at large. It is encouraged and appreciated for those sites to |
136 | | briefly list how the money raised is to be used. Eg, in the case of |
137 | | "Give us money to support the website" or "Support your local Haiku |
138 | | User Group". It is also appreciated to provide a link to Haiku's |
139 | | official donation pages. |
| 77 | As with any site relating to Haiku and making use of one or more trademarks (including the name "haiku"), the NPO has a requirement |
| 78 | that the website visitors be informed that any donations or money directed to the site does not go to Haiku, Inc. nor towards the Haiku |
| 79 | Project at large. It is encouraged and appreciated for those sites to briefly list how the money raised is to be used. Eg, in the case of "Give us money to support the website" or "Support your local Haiku User Group". It is also appreciated to provide a link to Haiku's official donation pages. |
152 | | Compiled images containing modifications to Haiku's source code, |
153 | | additional software, or non-standard settings are not permitted to use |
154 | | the Trademarks. We encourage you to contact us if the modifications |
155 | | are necessary for a business endeavor or to meet the needs of your |
156 | | projected user base. In the former case, we may grant authorization to |
157 | | use the trademarks. In the latter, it is hopeful that the Project will |
158 | | be willing and able to help you meet your requirements. |
| 90 | Compiled images containing modifications to Haiku's source code, additional software, or non-standard settings are not permitted to use the Trademarks. We encourage you to contact us if the modifications are necessary for a business endeavor or to meet the needs of your projected user base. In the former case, we may grant authorization to use the trademarks. In the latter, it is hopeful that the Project will be willing and able to help you meet your requirements. |
161 | | As mentioned on the [haiku] Haiku User Group thread, perhaps a Haiku |
162 | | User Group logo can become another trademark. The key point is to |
163 | | differentiate the HUG logo just enough so that it is not Haiku's logo, |
164 | | but the connection to the Project is understandable and the usage |
165 | | terms are significantly more liberal than the other Marks. |
| 93 | As mentioned on the [haiku] Haiku User Group thread, perhaps a Haiku User Group logo can become another trademark. The key point is to differentiate the HUG logo just enough so that it is not Haiku's logo, but the connection to the Project is understandable and the usage terms are significantly more liberal than the other Marks. |
167 | | With some very basic provisions(eg, legal indemnification for the |
168 | | NPO), the Project would have full control over who and how the HUG |
169 | | logo is to be used. Eg, this logo could allow modifications, such as |
170 | | localizing "User Group" or adding the location/country/group name. |
| 95 | With some very basic provisions(eg, legal indemnification for the NPO), the Project would have full control over who and how the HUG |
| 96 | logo is to be used. Eg, this logo could allow modifications, such as localizing "User Group" or adding the location/country/group name. |
172 | | To be clear, the NPO would be giving control of that HUG logo to the |
173 | | Project; what rules the Project wishes to put forth are its choice -- |
174 | | eg, open to anyone, open only to sites chosen by the Project as |
175 | | official portals of the Projects message, whatever. Once the NPO is |
176 | | migrated to its own website, the website theme could go under the same |
177 | | usage terms (assuming that it isn't already). |
| 98 | To be clear, the NPO would be giving control of that HUG logo to the Project; what rules the Project wishes to put forth are its choice -- eg, open to anyone, open only to sites chosen by the Project as official portals of the Projects message, whatever. Once the NPO is |
| 99 | migrated to its own website, the website theme could go under the same usage terms (assuming that it isn't already). |
181 | | Another issue that goes beyond the HUG logo is that by targeting or |
182 | | soliciting donations in-the-flesh for Haiku, the Project, or the NPO, |
183 | | the NPO could be placed in a situation where local taxes need to be |
184 | | paid or other legal entanglements. This is another reason why I feel |
185 | | it is important to regulate who & how income is generated, be it |
186 | | through the use of the Marks or even a "donation" box at in-the-flesh |
187 | | events. |
| 103 | Another issue that goes beyond the HUG logo is that by targeting or soliciting donations in-the-flesh for Haiku, the Project, or the NPO, the NPO could be placed in a situation where local taxes need to be paid or other legal entanglements. This is another reason why I feel it is important to regulate who & how income is generated, be it through the use of the Marks or even a "donation" box at in-the-flesh events. |
204 | | * Any individual, organization, or company may use the Marks to |
205 | | show support for the Project or as part of a notice to users that your |
206 | | product incorporates the FreeBSD operating system. On websites, the |
207 | | Marks should always link to http://www.freebsdfoundation.org or |
208 | | http://www.freebsd.org. |
209 | | * The Foundation hereby reserves the right at any time and without |
210 | | advance notice, to change, modify, add or remove any portion of these |
211 | | Terms and Conditions in whole or in part, at any time, and any such |
212 | | change will be effective when notice of such change is posted. Your |
213 | | continued use of the Marks after any changes to these Terms and |
214 | | Conditions are posted constitutes your acceptance of those changes. |
| 116 | * Any individual, organization, or company may use the Marks to show support for the Project or as part of a notice to users that your product incorporates the FreeBSD operating system. On websites, the Marks should always link to http://www.freebsdfoundation.org or http://www.freebsd.org. |
| 117 | * The Foundation hereby reserves the right at any time and without advance notice, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time, and any such change will be effective when notice of such change is posted. Your continued use of the Marks after any changes to these Terms and Conditions are posted constitutes your acceptance of those changes. |
257 | | Another idea is to explicitly state that the layout of the Marks and |
258 | | other graphics or text must not portray a connection between the two.. |
259 | | Eg, http://haiku-files.org/ "<HAIKU logo>files" ... granted this is |
260 | | one of our sites, but it conveys the point. |
| 153 | Another idea is to explicitly state that the layout of the Marks and other graphics or text must not portray a connection between the two.. |
| 154 | Eg, http://haiku-files.org/ "<HAIKU logo>files" ... granted this is one of our sites, but it conveys the point. |