[Qgis-psc] Trademark issues

[Alessandro Pasotti]

On Thu, Apr 12, 2018 at 9:06 AM, Richard Duivenvoorde <rdmailings at duif.net>
wrote:

> 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.
>


I would like the PSC to reach a clear decision about using "qgis" in a
domain name: a few months ago I asked Tim by p.m. if it was a fair use to
register a domain containing the word "qgis" for a group of people that
includes at least three core developers and the answer was NO.


If we have a rule it must be valid for everybody.




>
> 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
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>



-- 
Alessandro Pasotti
w3:   www.itopen.it
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