Changes between Version 9 and Version 10 of Obsolete/HaikuTrademarkPolicy


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Timestamp:
May 24, 2010 3:11:19 AM (9 years ago)
Author:
mmadia
Comment:

typos, whitespace

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  • Obsolete/HaikuTrademarkPolicy

    v9 v10  
    1010== Introduction ==
    1111
    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.
     12Haiku, 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.
    2413
    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.
     14Throughout 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.
    3215
    3316== Statement of Purpose ==
    3417
    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.
     18Our 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.
    4219
    4320 * Permission to be granted on a case-by-case basis, with the goal of a quick decision with minimal fuss.
     
    4724 * Haiku, Inc. can grant permission at its own discretion, even in violation of its own policy.
    4825
    49 To be clear, only the owners of the trademark have the capacity to
    50 grant permission. However, the community at large is welcomed to
    51 provide feedback to shape the decision.
     26To be clear, only the owners of the trademark have the capacity to grant permission. However, the community at large is welcomed to provide feedback to shape the decision.
    5227
    5328
     
    5631For any questions, concerns, comments:
    5732
    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.
     33Send 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.
    6334
    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.
     35If 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.
    6936
    7037=== (i'm not sure how/where this part should fit in) ===
    7138
    72 As long as the use of the Marks is in good taste; complies with the obvious
    73 restrictions; and accept bearing full legal responsibly, indemnifying the NPO;
    74 then it should be perfectly OK for you to freely give away or provide :
     39As long as the use of the Marks is in good taste; complies with the obvious restrictions; and accept bearing full legal responsibly, indemnifying the NPO; then it should be perfectly OK for you to freely give away or provide :
    7540 * Physical items -- shirts, cds, stickers, etc.
    7641 * Internet downloads -- mirrors of official HAIKU releases, graphics of and relating to trademarks (eg for personal use or creating new promotional material for use by the Project). [#Distros A note on distributions]
    7742
    78 In fact, if you let the NPO know, we will see how we can help you, eg
    79 by providing funds or other assets.
     43In fact, if you let the NPO know, we will see how we can help you, eg by providing funds or other assets.
    8044
    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.
     45Now, 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.
    8546
    8647
    8748== Promotional material ==
    8849
    89 Within the bounds of good taste and obvious restrictions, Haiku, Inc.
    90 has little concern in the matters of artistic design or reason to deny
    91 a work based on differences of opinion regarding the design.
     50Within the bounds of good taste and obvious restrictions, Haiku, Inc. has little concern in the matters of artistic design or reason to deny a work based on differences of opinion regarding the design.
    9251
    93 Any designs that are to become assets paid by the NPO require prior
    94 approval before purchase. It is likely to expect the NPO to also
    95 require at least the final-for-print graphics under a license that
    96 minimally allows free-reproduction at the public's discretion.
     52Any designs that are to become assets paid by the NPO require prior approval before purchase. It is likely to expect the NPO to also
     53require at least the final-for-print graphics under a license that minimally allows free-reproduction at the public's discretion.
    9754
    9855
    9956== Websites ==
    10057
    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.
     58At large Haiku, Inc. is not interested in defining the structure or requirements off Haiku User Group sites nor which sites are to be
     59recognized as official portals for conveying the message of the Project. In this matter, the current members of Haiku, Inc. who happen
     60to be Contributing Project members have an equal voice as every other Contributing Project member.
    10761
    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.
     62Unfortunately, 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.
    11463
    115 There are three parts that Haiku, Inc. concerns itself, with respect
    116 to the Haiku User Groups and general Haiku-related sites.
     64There are three parts that Haiku, Inc. concerns itself, with respect to the Haiku User Groups and general Haiku-related sites.
    11765
    11866{{{
     
    12270== Legal indemnification ==
    12371
    124 To clearly inform website visitors and users who create content that
    125 they as individuals bear full responsibility for the content they
    126 create and frees Haiku, Inc and the Haiku Project free from any
    127 liability.
     72To clearly inform website visitors and users who create content that they as individuals bear full responsibility for the content they
     73create and frees Haiku, Inc and the Haiku Project free from any liability.
    12874
    12975== Financial income ==
    13076
    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.
     77As with any site relating to Haiku and making use of one or more trademarks (including the name "haiku"), the NPO has a requirement
     78that the website visitors be informed that any donations or money directed to the site does not go to Haiku, Inc. nor towards the Haiku
     79Project 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.
    14080
    14181== Advertisements ==
    14282
    143 As long as advertisements are not of questionable material (eg, adult
    144 imagery or malware) and the advertisement is visually distinct from
    145 the Trademarks, the NPO is not concerned.
     83As long as advertisements are not of questionable material (eg, adult imagery or malware) and the advertisement is visually distinct from the Trademarks, the NPO is not concerned.
    14684
    14785= Miscellaneous Thoughts =
     
    15088
    15189(not sure where/how to better express the distaste for "distro's")
    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.
     90Compiled 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.
    15991
    16092=== HAIKU User Group logo ===
    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.
     93As 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.
    16694
    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.
     95With some very basic provisions(eg, legal indemnification for the NPO), the Project would have full control over who and how the HUG
     96logo is to be used. Eg, this logo could allow modifications, such as localizing "User Group" or adding the location/country/group name.
    17197
    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).
     98To 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
     99migrated to its own website, the website theme could go under the same usage terms (assuming that it isn't already).
    178100
    179101=== Targeting people for donations ===
    180102
    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.
     103Another 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.
    188104
    189105=== Ideas from Mozilla's TM Policy ===
    190106
    191 Mozilla has some in-depth pages that explain the various restricts on
    192 using their logos, which usage cases do (not) require prior
    193 authorization, etc.
     107Mozilla has some in-depth pages that explain the various restricts on using their logos, which usage cases do (not) require prior authorization, etc.
    194108
    195109 * http://www.mozilla.com/en-US/about/logo/stop.html
     
    198112=== Ideas from the FreeBSD Foundation ===
    199113
    200 Here's some tidbits from The FreeBSD Foundation's policy that I like,
    201 copied verbatim from
    202 http://freebsdfoundation.org/documents/Guidelines.shtml ...
     114Here's some tidbits from The FreeBSD Foundation's policy that I like, copied verbatim from http://freebsdfoundation.org/documents/Guidelines.shtml ...
    203115
    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.
    215118
    216 ... probably more ideas to harvest from the page. since their text is
    217 copyright, we can't replicate it 1:1.
     119... probably more ideas to harvest from the page. since their text is copyright, we can't replicate it 1:1.
    218120
    219121=== The Marks ===
    220122
    221 Here's some more info on the different logos/graphics that are being used.
    222 'Wordmark' refers to the lettering used in the Haiku logo.
    223 All of these are from : http://svn.haiku-os.org/haiku/haiku/trunk/data/artwork/
     123Here's some more info on the different logos/graphics that are being used. 'Wordmark' refers to the lettering used in the Haiku Logo. All of these are from : http://svn.haiku-os.org/haiku/haiku/trunk/data/artwork/
    224124
    225125Traditional logo; black & white wordmark.
     
    239139 * HAIKU logo - welcome
    240140
    241 On top of this, the gradients of the green leaf change -- for black
    242 wordmarks, the shadow is on top. for white wordmarks, it's on the
    243 bottom.
     141On top of this, the gradients of the green leaf change -- for black wordmarks, the shadow is on top. for white wordmarks, it's on the bottom.
    244142
    245143Should the Haiku "leaf" be a trademark? eg, in Deskbar, the leaf outline, or in general?
     
    247145=== Something ===
    248146
    249 It may be worth providing a download for the Futura(?) font that is
    250 used in the HAIKU logo.
     147It may be worth providing a download for the Futura(?) font that is used in the HAIKU logo.
    251148
    252 Some notes, assuming that we do not allow the modification of the
    253 logo, some websites will need to create new logos.
     149Some notes, assuming that we do not allow the modification of the logo, some websites will need to create new logos.
    254150 * Haikuware.ru : http://haikuware.ru/images/logo/haikuware_432x64.png (they updated to a new logo: http://haikuware.ru/images/logo/haikuware_logo.png)
    255151 * Haiku Italita : http://haiku-os.it/files/logo.png  (obviously, this could be a candidate for using the HUG logo or something)
    256152
    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.
     153Another 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.