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[Full-disclosure] Think Drupal was FLOSS and non-profit? Think again.
- To: full-disclosure@xxxxxxxxxxxxxxxxx
- Subject: [Full-disclosure] Think Drupal was FLOSS and non-profit? Think again.
- From: "Drupal is under attack" <drupal@xxxxxxxx>
- Date: Tue, 01 Sep 2009 10:15:32 +0000
Thought Drupal was open source and non-profit? Not anymore.
This brings back memories of when Mambo and Joomla split.
If you want to build a website based around this GPL+MIT framework,
you should read the fine print. For your convenience of course,
it's governed by the laws and regulations of Belgium.
Someone has dollar signs in their eyes.
Source: http://buytaert.net/drupal-trademark-policy-officially-
available
All I need is this euro putz putting his ugly mug on a big
projector like we should take it. He's freaking using us like
pawns. He shows us pictures of his god damn babies on his blog like
he's God or we care.
Enough. Hand power of the trademark to Drupal Association and stop
killing the project. People don't want Dries, they want Drupal.
Policy Attached.
1. Background information
The Drupal trademark — i.e. the word "Drupal", whether or not in
capitals — is owned and controlled by Dries Buytaert, who
cooperates with the Drupal Association and local non-profit
associations to foster the use of the Drupal software.
Although you are encouraged to use the Drupal trademark (and the
official Drupal logo (official link to be included when released by
the Drupal Association), which is itself a use of the Drupal
trademark) for your own purposes, you must first obtain a license.
You can either obtain this license automatically, or through a
license grant procedure, as further explained below in this policy.
This policy therefore first explains whether you receive an
automatic license, or whether you need to obtain a license through
the license grant procedure. In addition, this policy explains
which "rules of use" apply when you use the Drupal trademark
(whether you obtained the license automatically, or through the
license grant procedure).
2. Why this policy was created
This policy is based on the questions received by Dries Buytaert
from various persons and companies, and tries to cover the most
typical use cases for the Drupal trademark. By imposing simple
rules, this policy aims to create a level playing field for
everyone interested in using the Drupal trademark.
3. Limitations of this policy
Do not assume that this policy will answer every question you may
have about the use of the Drupal trademark. There will be scenarios
where your intended use of the Drupal trademark is not entirely
covered by this policy, or where you have doubts as to whether or
not a specific rule applies. In all these cases, you should contact
Dries Buytaert.
Please also note that, while the use of the official Drupal logo is
covered by this trademark policy, the use of the Drupal icon
(druplicon) is not. Any use of the Drupal icon is subject to
separate licensing. Contact the Drupal Association for details.
I. AUTOMATIC LICENSE OR LICENSE GRANT PROCEDURE?
This section explains whether you are entitled to an automatic
license (in which case you can use the Drupal trademark without
having to complete or receive any document), or whether you need to
follow the license grant procedure. You will only be entitled to an
automatic license when you are in any of the situations described
under subsection A below, and not simultaneously in any of the
situations described under subsection B below.
A. You receive an automatic license when:
1. You exclusively use the Drupal trademark to either extend or
improve the Drupal software, or to encourage the use of the Drupal
software (in short "foster the Drupal software" ).
Examples of "fostering the Drupal software":
* a course entitled "How to use Drupal in your business"
organized by a local non-profit organization;
* an open access monthly journal called "Drupal Coding
magazine";
* an open source Apache plugin "JIT Compiler for Drupal";
* a freely distributed homebrew Drupal theme "John's
Drupal Christmas Theme";
* a website "drupalhalloffame.com" with pictures of
famous Drupal contributors;
* administering a database with Drupal bugs and
corresponding workarounds.
Examples which do not qualify as "fostering the Drupal
software":
* creating a Drupal fork "ImprovedDrupal";
* publishing a website "drupalhallofshame.com" with
pictures of infamous Drupal contributors.
Examples of not "exclusively to foster the Drupal software":
* a charitable organisation selling t-shirts with the
Drupal trademark to sponsor its fight against global warming;
* a company selling t-shirts with the Drupal trademark,
while donating 25% of the profits to the Drupal Association.
"Exclusively" means that any direct profits generated by
using the Drupal trademark, must also be exclusively used to foster
the Drupal software.
Examples:
* A high-traffic website "drupalindepth.com" containing
sponsored ads, qualifies for an automatic license when the profits
generated from these ads (minus hosting costs and other obvious
costs incurred for maintaining the website) are used to pay a full-
time developer working on the new open source Drupal template
engine.
* A Drupal contributor wants to start a website called
"newtodrupal.com", with helpful tutorials aimed at people new to
Drupal. This website contains ads under the form of sponsored
links, which would normally exclude the automatic license. However,
because the referral code used for these ads is the Drupal
Association's, any money earned goes directly to support the Drupal
project. Hence, this website can benefit from an automatic license.
* The New York Drupal user group sells t-shirts with the
Drupal trademark to sponsor its functioning. This also qualifies
for an automatic license.
2. The Drupal trademark is used in a domain name, title of
website, title of a seminar, title of a course or title of a
software package that is either exclusively intended to foster the
Drupal software, or also mentions your trademark (or your trade
name, name of your company, name of your organization, or name of
your association).
Example uses for which you receive an automatic license:
* a course entitled "Acme's Drupal Gold Course" or
"Acme's Drupal Certification Course" or "Acme's Learn to Code in
Drupal ";
* a domain name that is used for commercial purposes and
is entitled "drupalacme.com" or "commonusesofdrupal.acme.com";
* a domain name that is exclusively intended to foster
Drupal use, and is entitled "drupalusersgroupcalifornia.org" or
"drupalunofficialfaq.com";
* an open source plugin to connect Acme's SQL-server to
the Drupal software;
* a commercial plugin to connect Acme's SQL-server to the
Drupal software, called "Acme's SQL plugin for Drupal";
* a Drupal course entitled "Drupal 6" that is taught at a
university;
* a free Drupal seminar entitled "Creating websites with
Drupal", organized by a local non-profit organization
Example uses for which the license grant procedure must be
followed:
* a commercial website hosted under domain name
"commonusesofdrupal.com";
* a commercial course entitled "Drupal Newbies Course
2009".
3. The Drupal trademark is used in the title of a book,
newsletter, video, magazine or similar instructional instrument
regarding Drupal that does not suggest an "official link".
Example titles for which you receive an automatic license:
* "Drupal ninja secrets: the complete guide", "Monthly
Drupal Bits", "Drupal in Depth", "Drupal Step by Step", "John
Smith's Drupal 6 Installation Guide", "Illustrated Drupal Guide",
"More effective ways to use Drupal", "Drupal Screenshot Guided
Tour", "Beginning Drupal", "Drupal inside out", "Drupal for network
professionals".
Example titles for which the license grant procedure must be
followed, because an "official link" may be suggested by the title
(see B.1 below):
* "Drupal 6", "Official Drupal Guide", "The Drupal
Association's Book on Drupal".
4. The Drupal trademark is used for the title of a camp or meet-
up.
Examples: "Drupal Bootcamp 2009", "Annual Drupal Meeting",
"Drupal Gathering New York", "DrupalCamp Antarctica".
Note, however, that the license grant procedure must be used
when the Drupal trademark is used in combination with the words
"conference", "convention" or "association". See examples below.
5. You want to display the official Drupal logo (whether for
commercial or non-commercial use) in a standalone and unaltered
form.
* "Standalone" means that the Drupal logo is not part of
another logo. For example, a local Spanish Drupal user group that
would like to create a "Drupal Spain" logo by extending the word
"Drupal" with the word "Spain" (in the same font and color), will
not be entitled to an automatic license. "Unaltered" means that the
Drupal logo cannot be changed in any way — e.g., by changing the
color, by slightly altering the shape of the letters, etc.
* Examples for which you receive an automatic license:
creating a banner that displays the Drupal logo; using the Drupal
logo on your (commercial or non-commercial) website; displaying the
Drupal logo on product packaging; selling a t-shirt with the Drupal
logo printed on the back.
6. Your intended use qualifies as "nominative fair use" of the
Drupal trademark, i.e., merely identifying that you are talking
about Drupal in a text, without suggesting sponsorship or
endorsement by Dries Buytaert or the Drupal Association.
Examples:
* describing a new Drupal release in a review;
* referring to Drupal in a comprehensive overview of
content management systems;
* complaining in a blog about a missing feature in the
Drupal software;
* reporting about a Drupal conference on your personal
homepage.
The use of the Drupal trademark as part of the name of a
function, procedure, variable name or similar source code component
is also considered "nominative fair use" for which no license is
required.
Examples:
* a procedure called drupal_add_link();
* a constant called DRUPAL_AUTHENTICATED_RID;
* a variable named $drupal_tag;
* a set of source code files called drupal.module and
drupal.js.
B. The license grant procedure must always be followed when you are
in one or more of the following situations (even when you would
also be in any of the situations under subsection A above)
1. The use of the Drupal trademark suggests an "official link"
between your product or service and Dries Buytaert / the Drupal
Association (i.e., the product or service can be perceived as
either emanating from Dries Buytaert / the Drupal Association, or
being endorsed by Dries Buytaert / the Drupal Association).
Examples:
* a domain name "drupalofficialfaq.com";
* a domain name "drupalsupport.nl";
* a company called "Drupal Services Inc.";
* a course entitled "Drupal Exams".
2. The Drupal trademark is used in combination with the words
"conference", "convention" or "association", as well as any
translation, abbreviation or variation thereof.
Examples: "drupalcon, "drupalconference", "Drupalconvention",
"drupal con", "drupal conference", "Drupal Convention", "Drupal
Association".
3. The Drupal trademark is used as part of another registered
trademark.
Example: a trademark "Drupal Plugin Optimizer".
4. The Drupal trademark is used as part of a "drupal.tld" domain
name.
Examples: "drupal.com", "drupal.info","drupal.co.uk".
5. The Drupal trademark is used as part of a domain name that
covers either an entire category of products or services that are
relevant to the Drupal community, that covers an entire target
group of Drupal users or that is otherwise too generic.
Examples for which the license grant procedure must be
followed: "drupal-design.com", "drupal-themes.co.uk", "drupal-
modules.com", "drupal-support.nl", "drupal-hosting.com", "drupal-
administrators.co.uk", "drupal-tshirts.com", "drupal-magazine.com",
"mobiledrupal.com", "drupal-intranet.com", "drupal-services.com",
"drupal-development.co.uk".
6. The Drupal trademark is used in a domain name, title of a
website, title of a seminar, title of a course or title of a
software package that is not exclusively intended to foster the
Drupal software, and this domain name or title does not also
mention your trademark (or your trade name, name of your company,
name of your organization, or name of your association).
Examples:
* when a "Drupal Course for New Administrators" is
organized by a local Drupal community, the license grant procedure
does not need to be used — even when a $600 registration fee would
be requested — because the money earned is exclusively used to
foster the Drupal software;
* when the same course is organized by a commercial
organization and not all of the profits earned are used to foster
the Drupal software, the license grant procedure must be followed;
* when the same course is organized by a commercial
organization, but under the name of "Acme's Drupal Course for New
Administrators", the license grant procedure does not need to be
used, even when none of the profits earned are used to foster the
Drupal software;
* when a commercial organization "Acme" has a product
called "Drupal River" that is not exclusively intended to foster
Drupal software, the license grant procedure must be followed;
7. The Drupal trademark is used as part of the name of a
company, organization, trade name or association.
Examples: a company named "Drupal, Inc.", "Drupal Experts
GmbH" or "Drupal Support BV"; "Drupal Hosting LLC"; an organization
called "Drupal Peru" or "Drupal User Group Germany".
8. You want to use the official Drupal logo in altered form or
as part of another logo.
9. There is any doubt as to how this policy should be
interpreted or applied to a specific case.
II. THE LICENSE GRANT PROCEDURE
In the license grant procedure, you must complete a form with your
contact details and a description of the intended use of the Drupal
trademark.
It may take a month or more for your application to be evaluated,
and applications may be rejected for any reason (you may, however,
reapply as often as you like). Furthermore, a license fee may be
requested for any commercial use of the Drupal trademark.
Although licenses are granted at Dries Buytaert's sole discretion,
and specific conditions or obligations may be imposed, the
following factors will be taken into account during the license
grant procedure:
1. With respect to a Drupal-related product or service, it will
be considered whether the product or service:
* does not suggest an official link;
* promotes or expands Drupal adoption and usage;
* is not a fork of Drupal, and does not promote or
encourage forks of Drupal;
* is licensed in a way that is compatible with the Drupal
open source license;
* substantially strengthens and empowers the Drupal
community;
* is of a high quality in both form and function;
* is created by significant contributors to the Drupal
project;
* is created by those with a track record of liberally
"giving back" to their communities;
* in the case of a domain name, does not create an unfair
monopoly towards others because it spans a relevant category of
services.
* With respect to the name of a company, organization or
association, it is considered whether:
*
o the name does not suggest an official link;
o the company / organization or association is
founded by significant contributors to the Drupal project, who have
a track record of liberally "giving back" to their communities.
III. RULES OF USE
With the exception of the "nominative fair use" of the Drupal
trademark, your use of the Drupal trademark is subject to the
following rules (irrespective of whether you followed the license
grant procedure or obtained an automatic license):
1. Any use of the Drupal trademark implies acceptance of this
policy.
2. The Drupal trademark cannot be used for illegal, defamatory
or humiliating purposes, or any other purpose that may negatively
impact the Drupal software.
3.
Examples:
* a Drupal fork entitled "A Better Drupal";
* a domain name "drupal-is-worthless.com" (note, however,
that merely mentioning or referring to the Drupal software — for
example in a critical blog post - qualifies as "nominative fair
use", to which the rules of use do not apply).
4. The name of your company or organization should be used in
combination with the Drupal trademark so that there can be no
confusion about the true source (company, organization, association
or author) of your product or service. The combination of the name
of your product or service with the Drupal trademark must be unique
and identifiable.
5.
Examples:
* if your company is called "Acme", refer to your Drupal
certification product as "Acme Drupal Certification" or "Drupal
Certification by Acme" instead of "Drupal Certification"; or
* if your company called "Acme" has a Drupal podcast,
clearly refer to it as the "Acme Drupal Podcast", "Drupal Podcast
provided by Acme" instead of just "Drupal Podcast";
* if your company called "Acme" has a product or service
called "Drupal River," clearly indicate that the "Drupal River is a
product (or service) of Acme" so that there can be no confusion
about the true source.
6. The Drupal trademark should be accompanied by the following
text (or an appropriate translation):
"Drupal is a registered trademark of Dries Buytaert."
IV. OTHER LEGAL STUFF
1. Any license granted under this policy, is legally granted as
a sub-license by the company Dries Buytaert BVBA (company number
0893.231.032), which is mandated by Dries Buytaert to evaluate the
applications and assign sub-licenses of the Drupal trademark on
behalf of Dries Buytaert.
2. Any license granted under this policy can be terminated upon
sixty (60) days prior written notice if you breach any provision of
this policy. If your breach can be cured (and you have not
previously breached this policy), you may be granted forty-five
(45) days from the date of notice to cure the breach.
3. All implicit or automatic permissions or licenses to use the
Drupal trademark that were granted before the publication of the
current version of this policy are revoked after a grace period of
six (6) months (calculated as from the date of publication).
4. This policy — as well as the accompanying website - may be
changed at any time. You accept that all licenses accorded under
this policy are non-exclusive, non-transferable, non-sub-
licensable, revocable at any time, and subject to changes in
policy. Hence, changes in this policy may cause permissions to be
revoked or made dependent on additional obligations.
5. Any changes to this policy will enter into force sixty (60)
days after publication on the licensing page of the Drupal website
(http://drupal.com/trademark).
6. If any provision of this policy would be found by any court
or administrative body of competent jurisdiction to be invalid or
unenforceable, the invalidity or unenforceable of such provision
shall not affect the other provisions of this policy, so that all
other provisions shall remain in full force and effect. In such
case, the invalid or unenforceable provision shall be replaced by a
valid or enforceable provision that achieves to the greatest extent
possible the economic, legal and commercial objectives of the
invalid or unenforceable provision.
7. All disputes in connection with this policy or any permission
granted by it will be submitted to the applicable Court of
Brussels, Belgium. This policy is governed by the laws and
regulations of Belgium.
-- Dries Buytaert, Owner of the Drupal Trademark
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