Changes between Version 2 and Version 3 of Obsolete/HaikuTrademarkPolicy

Timestamp:

May 7, 2010, 4:04:04 PM (15 years ago)

Author:

mmadia

Comment:

copying drafted text from haiku-inc freelist's thread for additional exposure

Obsolete/HaikuTrademarkPolicy

@@ -5 +5 @@
 == By no means, should this document be considered official ==
 Rather, it is a work in progress. It is expected that devising a sound Trademark Policy will take some time. This page serves as a mechanism to foster it's development. Discussions may occur on [http://www.freelists.org/list/haiku Haiku's General Mailing List] or [http://www.freelists.org/list/haiku-inc Haiku, Inc.'s Mailing list]
+
+
+----
+== Introduction ==
+
+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 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, mipsel, x86_64) are in various stages of
+development.
+The Haiku logo and name are the trademarks (the "Marks") owned by the NPO.
+
+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 Haiku.
+
+== Statement of Purpose ==
+
+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.
+
+ * Permission to be granted on a case-by-case basis, with the goal of a quick decision with minimal fuss.
+ * Policy compliance does not by itself constitute permission.
+ * Permission of one usage case does not grant nor imply permission for other usage cases.
+ * Haiku, Inc. can deny/revoke permission at its discretion.
+ * Haiku, Inc. can grant permission at its own discretion, even in violation of its own policy.
+
+To 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.
+
+
+== How to contact the NPO? ==
+
+For any questions, concerns, comments:
+
+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.
+
+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.
+
+=== (i'm not sure how/where this part should fit in) ===
+
+As 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 :
+ * Physical items -- shirts, cds, stickers, etc.
+ * 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]
+
+In fact, if you let the NPO know, we will see how we can help you, eg
+by providing funds or other assets.
+
+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.
+
+
+== Promotional material ==
+
+Within 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.
+
+Any designs that are to become assets paid by the NPO require prior
+approval before purchase. It is likely to expect the NPO to also
+require at least the final-for-print graphics under a license that
+minimally allows free-reproduction at the public's discretion.
+
+
+== Websites ==
+
+At large Haiku, Inc. is not interested in defining the structure or
+requirements off Haiku User Group sites nor which sites are to be
+recognized as official portals for conveying the message of the
+Project. In this matter, the current members of Haiku, Inc. who happen
+to be Contributing Project members have an equal voice as as every
+other Contributing Project member.
+
+There are three parts that Haiku, Inc. concerns itself, with respect
+to the Haiku User Groups and general Haiku-related sites.
+
+== Legal indemnification ==
+
+To clearly inform website visitors and users who create content that
+they as individuals bear full responsibility for the content they
+create and frees Haiku, Inc and the Haiku Project free from any
+liability.
+
+== Financial income ==
+
+As with any site relating to Haiku and making use of one or more
+trademarks (including the name "haiku"), the NPO has a requirement
+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
+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.
+
+== Advertisements ==
+
+As 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.
+
+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
+(haiku-inc.org), as this will help to define the NPO's ability to
+influence the Project.
+
+= Miscellaneous Thoughts = 
+
+=== Distros ===
+
+(not sure where/how to better express the distaste for "distro's")
+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.
+
+=== HAIKU User Group logo ===
+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.
+
+With some very basic provisions(eg, legal indemnification for the
+NPO), the Project would have full control over who and how the HUG
+logo is to be used. Eg, this logo could allow modifications, such as
+localizing "User Group" or adding the location/country/group name.
+
+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
+migrated to its own website, the website theme could go under the same
+usage terms (assuming that it isn't already).
+
+=== Targeting people for donations ===
+
+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.
+
+=== Ideas from Mozilla's TM Policy ===
+
+Mozilla has some in-depth pages that explain the various restricts on
+using their logos, which usage cases do (not) require prior
+authorization, etc.
+
+ * http://www.mozilla.com/en-US/about/logo/stop.html
+ * http://www.mozilla.org/foundation/trademarks/policy.html
+
+It may be worth providing a download for the Futura(?) font that is
+used in the HAIKU logo.
+
+Some notes, assuming that we do not allow the modification of the
+logo, some websites will need to create new logos.
+ * Haikuware.ru : http://haikuware.ru/images/logo/haikuware_432x64.png
+ * Haiku Italita : http://haiku-os.it/files/logo.png  (obviously, this could be a candidate for using the HUG logo or something)
+
+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..
+ Eg, http://haiku-files.org/   "<HAIKU logo>files" ... granted this is
+one of our sites, but it conveys the point.
+
+
+
+