Re: Resolution 2008-03-19.jrk.1: Fixing the Debian Open Use Logo License

This was intended to be solved last May or June based on the meeting
minutes, but I realize we never took a vote to ratify the
version of our original relicensing plan that was modified based on
our lawyer Greg Pomerantz's advice. Having confirmed with the current
DPL that we should go ahead with this, I propose this resolution to tie
up this loose end. I apologize for any formatting incorrectness and for
the timing of this submission. It took until a couple hours ago to
finalize how to proceed with this in consultation with Bdale and Sam.

Resolution 2008-03-19.jrk.1: Fixing the Debian Open Use Logo License
--------------------------------------------------------------------

WHEREAS

1. The Board, at its May 18, 2007 meeting, acknowledged the
Debian Project's relicensing its logos to meet the Debian Free Software
Guidelines, conditional upon legal approval by SPI's counsel;

2. SPI's legal counsel, as reported at the Board's June 18, 2007
meeting, suggested some limitations to the relicensing for the purpose
of retaining enforceable trademark rights in the word "Debian"; and

3. This modified relicensing plan is amenable to the Board and
to the Debian Project Leader but has not previously been put into
effect;

THE BOARD RESOLVES that:

1. Subject to paragraph 2 below, the Debian open use logo depicting a
red swirl is hereby relicensed under the following terms, wherein "this
software and associated documentation files" shall refer to the logo
itself:

Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without restriction,
including without limitation the rights to use, copy, modify, merge,
publish, distribute, sublicense, and/or sell copies of the Software,
and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:

The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS
BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN
AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR
IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

2. This relicensing shall only apply to the version of the Debian open
use logo which does not include the trademarked word "debian".

- Jimmy Kaplowitz
jimmy(at)spi-inc(dot)org

Luk Claes and MJ Ray pointed out some problems with the initial draft of
the resolution which would accidentally require the copyright notice to
be in the logo itself. I propose this corrected version instead, which
would also allow the notice in "associated documentation files" such as
a flyer accompanying a T-shirt or a footer of a web page.

Resolution 2008-03-19.jrk.1: Fixing the Debian Open Use Logo License
--------------------------------------------------------------------

WHEREAS

1. The Board, at its May 18, 2007 meeting, acknowledged the
Debian Project's relicensing its logos to meet the Debian Free Software
Guidelines, conditional upon legal approval by SPI's counsel;

2. SPI's legal counsel, as reported at the Board's June 18, 2007
meeting, suggested some limitations to the relicensing for the purpose
of retaining enforceable trademark rights in the word "Debian"; and

3. This modified relicensing plan is amenable to the Board and
to the Debian Project Leader but has not previously been put into
effect;

THE BOARD RESOLVES that:

1. Subject to paragraph 2 below, the Debian open use logo depicting a
red swirl is hereby relicensed under the following terms, where in the
phrase "this software and associated documentation files", the subphrase
"this software" shall refer to the logo itself:

Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without restriction,
including without limitation the rights to use, copy, modify, merge,
publish, distribute, sublicense, and/or sell copies of the Software,
and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:

The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS
BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN
AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR
IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

2. This relicensing shall only apply to the version of the Debian open
use logo which does not include the trademarked word "debian".

- Jimmy Kaplowitz
jimmy(at)spi-inc(dot)org

On Wed, Mar 19, 2008 at 02:57:32PM -0400, Jimmy Kaplowitz wrote:
> Luk Claes and MJ Ray pointed out some problems with the initial draft of
> the resolution which would accidentally require the copyright notice to
> be in the logo itself. I propose this corrected version instead, which
> would also allow the notice in "associated documentation files" such as
> a flyer accompanying a T-shirt or a footer of a web page.

For the record, this second draft of the resolution passed, renumbered
by the Secretary to 2008-03-19.jrk.2 to prevent confusion with my first
draft.

- Jimmy Kaplowitz
jimmy(at)spi-inc(dot)org