[Qgis-psc] Trademark issues

[Richard Duivenvoorde]

On 11-04-18 15:11, Paolo Cavallini wrote:
> Hi all,
> 
> I re-read and re-thought to our trademark page
> https://www.qgis.org/en/site/getinvolved/governance/trademark/index.html
> and my conclusions are that we already covered contentious issues.
> I suggest, as we mostly agree during the latest PSC meeting, to remove
> the last entry of the FAQ:
> ---
> Q: Domain Name Registration Consent: My organization has applied to
> register an internet domain name which includes the element QGIS. If we
> enter into a permission, will QGIS consent to our registration?
> 
> A: QGIS and the QGIS permission have no control over the registration of
> domain names, which are distinct from trademarks (see related FAQs
> above). QGIS does not oppose the registration of domain names. You do
> not need a permission to use a domain name which includes QGIS, unless
> you use your QGIS domain name as a trademark.
> ---
> As a consequence, I would ask to both cases under scrutiny (qgis.online
> and qgis.pro) to refrain from using qgis as a part of their domain name,
> and write clearly in their page that the project does not have a direct
> affiliation with QGIS project.
> On the other hand, I would invite both to join the community.

Yes, last Q in the trademark page is to be removed, it is contra-speak
to other parts of the page.

About the 2 cases:
- qgis.pro is (to me) (mis)using QGIS, it's name and logo to earn money.
NOT to help the project. So I would ask them to remove all use of
QGIS-trademarks/signs/names on at least the frontpage. Forbidding the
use of QGIS in some kind of domain name is not doable I think. So buying
a domain wit QGIS in it to get customers we cannot stop. But using it
both in the domain name AND using our logo and name to lure customers on
the frontpage is over the edge.
- qgis.online seems (to me) more of a community effort? Would be cooler
if they join our community though. Unless the goal is to make money with
it, that it is again over the edge. Now I think it is a grey-ish area.

I think a 'guiding'-principle should be: we are a non-profit developing
community. It is ok if people earn money with the *use*, *development*
or *spreading* of QGIS, but if the (gut)feeling is that people only
*take* our name and not actively try to be part of the community, we can
ask those peeps to either stop using QGIS-trademarks, *or* become
(stronger) value adding members of the community.

And it is hard to draw a clear line, naming a software suite or courses
with *QGIS* in it being done by a company who is active in the
community, I tend to be more forgiving then being done by a company who
we never see on events or in git.

The hard part is the 'enforcing' part though....
Isn't there some OpenLawEnforcing community :-) ?

AND:

let's take it as a compliment that people try to use our trademark \o/

Regards,

Richard Duivenvoorde