Debian Bug report logs - #587482
The Debian open logo with "Debian" is not compliant to the Debian policy

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Package: gdm-themes; Maintainer for gdm-themes is Josselin Mouette <joss@debian.org>;

Reported by: Pompee William <william.pompee@gmail.com>

Date: Mon, 28 Jun 2010 23:24:01 UTC

Severity: serious

Tags: lenny-ignore, squeeze-ignore

Found in version gdm-themes/0.6.1

Fixed in version 0.6.2+rm

Done: Debian FTP Masters <ftpmaster@ftp-master.debian.org>

Bug is archived. No further changes may be made.

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Report forwarded to debian-bugs-dist@lists.debian.org, Josselin Mouette <joss@debian.org>:
Bug#587482; Package gdm-themes. (Mon, 28 Jun 2010 23:24:04 GMT) Full text and rfc822 format available.

Acknowledgement sent to Pompee William <william.pompee@gmail.com>:
New Bug report received and forwarded. Copy sent to Josselin Mouette <joss@debian.org>. (Mon, 28 Jun 2010 23:24:04 GMT) Full text and rfc822 format available.

Message #5 received at submit@bugs.debian.org (full text, mbox):

From: Pompee William <william.pompee@gmail.com>
To: submit@bugs.debian.org
Subject: The Debian open logo with "Debian" is not compliant to the Debian policy
Date: Tue, 29 Jun 2010 01:17:59 +0200
Package: gdm-themes
Version: 0.6.1
Severity: serious
Distribution: stable
Section: main


Hello,

This package includes several modified versions of the Debian open logo
with "Debian" which the license is not compliant with the Debian policy.

The license of the Debian open logo with "Debian" says:

  "This logo or a modified version may be used by anyone to refer to the
  Debian project, but does not indicate endorsement by the project."

  see http://www.debian.org/logos/index.en.html


whereas the Debian policy §2.1 (aka DFSG) says:


  "License Must Not Be Specific to Debian

   The rights attached to the program must not depend on the program's
  being part of a Debian system. If the program is extracted from Debian
  and used or distributed without Debian but otherwise within the terms
  of the program's license, all parties to whom the program is
  redistributed must have the same rights as those that are granted in
  conjunction with the Debian system."

  see http://www.debian.org/doc/debian-policy/ch-archive.html


The files concerned are:

  /usr/share/gdm/themes/ayo/background.png
  /usr/share/gdm/themes/ayo/screenshot.png
  /usr/share/gdm/themes/debian-dawn/background.jpeg
  /usr/share/gdm/themes/debian-dawn/screenshot.png
  /usr/share/gdm/themes/debian-greeter/debian.png
  /usr/share/gdm/themes/debian-greeter/screenshot.png
  /usr/share/gdm/themes/debian-moreblue-orbit/background.svg
  /usr/share/gdm/themes/debian-moreblue-orbit/screenshot.png


Regards

Pompee William




Information forwarded to debian-bugs-dist@lists.debian.org, Josselin Mouette <joss@debian.org>:
Bug#587482; Package gdm-themes. (Tue, 29 Jun 2010 22:18:03 GMT) Full text and rfc822 format available.

Acknowledgement sent to Francesco Poli <frx@firenze.linux.it>:
Extra info received and forwarded to list. Copy sent to Josselin Mouette <joss@debian.org>. (Tue, 29 Jun 2010 22:18:03 GMT) Full text and rfc822 format available.

Message #10 received at 587482@bugs.debian.org (full text, mbox):

From: Francesco Poli <frx@firenze.linux.it>
To: 587482@bugs.debian.org
Cc: Pompee William <william.pompee@gmail.com>
Subject: Re: The Debian open logo with "Debian" is not compliant to the Debian policy
Date: Wed, 30 Jun 2010 00:12:22 +0200
[Message part 1 (text/plain, inline)]
On Tue, 29 Jun 2010 01:17:59 +0200 Pompee William wrote:

[...]
> This package includes several modified versions of the Debian open logo
> with "Debian" which the license is not compliant with the Debian policy.
[...]
> whereas the Debian policy §2.1 (aka DFSG) says:
> 
> 
>    "License Must Not Be Specific to Debian
[...]

IMHO, the problem is not much with DFSG#8, but, above all, with DFSG#3
and DFSG#6.
But anyway, I agree that the Debian Open Use Logo with the "Debian"
text fails to comply with the DFSG, and it seems that this is
intentionally so:
http://lists.debian.org/debian-legal/2008/11/msg00048.html
http://lists.debian.org/debian-legal/2008/11/msg00063.html

Hence, as far as I can tell, there are two options:

 (a) the decision on the licensing of the Open Use Logo with the
"Debian" text is changed and that logo is re-licensed under the Expat
license (just like the Open Use Logo  without the "Debian" text)

 (b) any copy (or derivative work) of the Open Use Logo with the
"Debian" text included in main is removed (or replaced by the Open Use
Log without the "Debian" text)

I would personally prefer option (a), if at all possible.


-- 
 http://www.inventati.org/frx/progs/scripts/pdebuild-hooks.html
 Need some pdebuild hook scripts?
..................................................... Francesco Poli .
 GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4
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Information forwarded to debian-bugs-dist@lists.debian.org, Josselin Mouette <joss@debian.org>:
Bug#587482; Package gdm-themes. (Mon, 19 Jul 2010 10:45:06 GMT) Full text and rfc822 format available.

Acknowledgement sent to Alexander Reichle-Schmehl <tolimar@debian.org>:
Extra info received and forwarded to list. Copy sent to Josselin Mouette <joss@debian.org>. (Mon, 19 Jul 2010 10:45:06 GMT) Full text and rfc822 format available.

Message #15 received at submit@bugs.debian.org (full text, mbox):

From: Alexander Reichle-Schmehl <tolimar@debian.org>
To: Pompee William <william.pompee@gmail.com>, 587482@bugs.debian.org, Francesco Poli <frx@firenze.linux.it>
Cc: submit@bugs.debian.org
Subject: Re: Bug#587482: The Debian open logo with "Debian" is not compliant to the Debian policy
Date: Mon, 19 Jul 2010 12:41:59 +0200
Hi!

* Pompee William <william.pompee@gmail.com> [100629 01:17]:


> The files concerned are:
>
>   /usr/share/gdm/themes/debian-dawn/background.jpeg
>   /usr/share/gdm/themes/debian-dawn/screenshot.png

These files have already been removed in 0.6.2 to fix #467144.


>   /usr/share/gdm/themes/ayo/background.png
>   /usr/share/gdm/themes/ayo/screenshot.png

Honestly, have looked at these files?  Yes, they are similar to the
problematic logo, as they both contain the word "Debian" and the logo.
But that doesn't make them a derivative of the problematic logo.


* Francesco Poli <frx@firenze.linux.it> [100630 00:12]:

>  (b) any copy (or derivative work) of the Open Use Logo with the
> "Debian" text included in main is removed (or replaced by the Open Use
> Log without the "Debian" text)

Please note, that there is a difference between 'derivative work of the
Open Use Logo with the "Debian" text'  and 'derivative work of the Open
Use Logo without the "Debian" text', where someone added the Word Debian
to it.

 
> I would personally prefer option (a), if at all possible.

Then you shouldn't discuss that in some bug reports, but on the proper
mailing list.


Best Regards,
  Alexander




Information forwarded to debian-bugs-dist@lists.debian.org, Josselin Mouette <joss@debian.org>:
Bug#587482; Package gdm-themes. (Mon, 19 Jul 2010 10:45:08 GMT) Full text and rfc822 format available.

Acknowledgement sent to Alexander Reichle-Schmehl <tolimar@debian.org>:
Extra info received and forwarded to list. Copy sent to Josselin Mouette <joss@debian.org>. (Mon, 19 Jul 2010 10:45:08 GMT) Full text and rfc822 format available.

Information forwarded to debian-bugs-dist@lists.debian.org, Josselin Mouette <joss@debian.org>:
Bug#587482; Package gdm-themes. (Mon, 19 Jul 2010 21:06:04 GMT) Full text and rfc822 format available.

Acknowledgement sent to Francesco Poli <frx@firenze.linux.it>:
Extra info received and forwarded to list. Copy sent to Josselin Mouette <joss@debian.org>. (Mon, 19 Jul 2010 21:06:05 GMT) Full text and rfc822 format available.

Message #25 received at 587482@bugs.debian.org (full text, mbox):

From: Francesco Poli <frx@firenze.linux.it>
To: Alexander Reichle-Schmehl <tolimar@debian.org>
Cc: Pompee William <william.pompee@gmail.com>, 587482@bugs.debian.org
Subject: Re: Bug#587482: The Debian open logo with "Debian" is not compliant to the Debian policy
Date: Mon, 19 Jul 2010 23:03:10 +0200
[Message part 1 (text/plain, inline)]
On Mon, 19 Jul 2010 12:41:59 +0200 Alexander Reichle-Schmehl wrote:

[...]
> * Francesco Poli <frx@firenze.linux.it> [100630 00:12]:
> 
> >  (b) any copy (or derivative work) of the Open Use Logo with the
> > "Debian" text included in main is removed (or replaced by the Open Use
> > Log without the "Debian" text)
> 
> Please note, that there is a difference between 'derivative work of the
> Open Use Logo with the "Debian" text'  and 'derivative work of the Open
> Use Logo without the "Debian" text', where someone added the Word Debian
> to it.

Fair enough, I think.

As long as the added word "Debian" is not taken (or derived) from a
Debian Logo, someone probably has permission to write the word "Debian"
in a free image (as long as trademark laws are complied with, I mean).

> 
>  
> > I would personally prefer option (a), if at all possible.
> 
> Then you shouldn't discuss that in some bug reports, but on the proper
> mailing list.

This has been raised many times on debian-legal and on debian-devel,
and also brought to various DPLs since at least 2003...

While commenting this specific bug report about gdm-themes, I thought I
should point out that IMHO the best way to make all the bugs of this
kind instantly disappear is re-licensing the Open Use Logo with the
"Debian" text: involved package maintainers should be aware that
there's also this possible way out; if many of them decide that they
would like to make it happen, maybe they could set up a GR or talk to
the proper decision-makers...

I hope this clarifies.
Bye. 

-- 
 http://www.inventati.org/frx/progs/scripts/pdebuild-hooks.html
 Need some pdebuild hook scripts?
..................................................... Francesco Poli .
 GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4
[Message part 2 (application/pgp-signature, inline)]

Information forwarded to debian-bugs-dist@lists.debian.org, Josselin Mouette <joss@debian.org>:
Bug#587482; Package gdm-themes. (Mon, 19 Jul 2010 21:39:06 GMT) Full text and rfc822 format available.

Acknowledgement sent to Pompee William <william.pompee@gmail.com>:
Extra info received and forwarded to list. Copy sent to Josselin Mouette <joss@debian.org>. (Mon, 19 Jul 2010 21:39:06 GMT) Full text and rfc822 format available.

Message #30 received at 587482@bugs.debian.org (full text, mbox):

From: Pompee William <william.pompee@gmail.com>
To: Alexander Reichle-Schmehl <tolimar@debian.org>, 587482@bugs.debian.org
Subject: Re: Bug#587482: The Debian open logo with "Debian" is not compliant to the Debian policy
Date: Mon, 19 Jul 2010 23:33:14 +0200
Hello,

> Honestly, have looked at these files?  Yes, they are similar to the
> problematic logo, as they both contain the word "Debian" and the logo.
> But that doesn't make them a derivative of the problematic logo.
> 

It's unlikely the upstream author drew the Debian text from scratch or
used a DFSG-free text logo from somewhere in the web but if you think so
then you may ask for a confirmation.

Regards,

Pompee William





Information forwarded to debian-bugs-dist@lists.debian.org, Josselin Mouette <joss@debian.org>:
Bug#587482; Package gdm-themes. (Tue, 02 Nov 2010 13:57:03 GMT) Full text and rfc822 format available.

Acknowledgement sent to "Didier 'OdyX' Raboud" <didier@raboud.com>:
Extra info received and forwarded to list. Copy sent to Josselin Mouette <joss@debian.org>. (Tue, 02 Nov 2010 13:57:03 GMT) Full text and rfc822 format available.

Message #35 received at 587482@bugs.debian.org (full text, mbox):

From: "Didier 'OdyX' Raboud" <didier@raboud.com>
To: Pompee William <william.pompee@gmail.com>, 587668@bugs.debian.org, 587664@bugs.debian.org, 587482@bugs.debian.org
Cc: Petter Reinholdtsen <pere@hungry.com>, "Alexander Reichle-Schmehl" <tolimar@debian.org>, "Yves-Alexis Perez" <corsac@debian.org>, Valessio Brito <contato@valessiobrito.info>, debian-legal@lists.debian.org
Subject: Re: The Debian open logo with "Debian" is not compliant to the Debian policy (RC bugs #587482, #587664 and #587668)
Date: Tue, 2 Nov 2010 14:55:31 +0100
[Message part 1 (text/plain, inline)]
Hi all, 

(Context: while hunting for an RC bug to fix, I fell on #587668 and then asked 
for advice on #debian-release, where a discussion was held. Here's my summary of 
the issue.)

As the title of the bugreports mention, the issue is that the Debian Open Use 
Logo (DOUL) with "Debian" is not compliant to the DFSG. The consensus seems to 
be that it certainly fails #3 and #6, and (to some extent), #8. 

 * The "DOUL without 'Debian'" is DFSG-free; [DOUL]
 * The "DOUL with 'Debian'" is not. [DOUL-with]

gdm, gdm-themes and desktop-base all ship some images that incorporate both the 
swirl and the "Debian" part of the logo. The issue sounds to be that if the 
"Debian" part of said images were "derivatived" for the DOUL-with, they would 
fall under the DOUL-with license, hence non-DFSG-free (hence not suitable for 
main).

Now how can those three RC bugs get solved? My understanding from reading the 
three bugreports and from the discussion on #d-release is that we have a limited 
set of options:

  a) remove the "Debian" word on all images,
		(This would make the situation clear but is not necessarily possible
		without damage for all affected images.)
  b) get the original author of all affected images confirm that the "Debian"
     word on all images was not derivated from the DOUL-with,
  c) create a "Debian" word from scratch and replace all occurences of it in all
     affected images,
		(Same as a); not necessarily possible without damage on all affected
		images.)
  d) get the DOUL-with license changed in time for Squeeze,
  e) have the Release Team tag this as squeeze-ignore (that's no proper fix
     though).

@debian-legal: would the solutions b) or c) be enough to ensure that the final 
images would not fall under the DOUL-with license?

(My opinion is "no", but while interesting, it doesn't actually matter.)

Looking forward for more enlightening answers, cheers,

OdyX

-- 
Didier Raboud, proud Debian Maintainer (DM).
CH-1020 Renens
didier@raboud.com
[signature.asc (application/pgp-signature, inline)]

Information forwarded to debian-bugs-dist@lists.debian.org, Josselin Mouette <joss@debian.org>:
Bug#587482; Package gdm-themes. (Tue, 02 Nov 2010 14:12:03 GMT) Full text and rfc822 format available.

Acknowledgement sent to Julien Cristau <jcristau@debian.org>:
Extra info received and forwarded to list. Copy sent to Josselin Mouette <joss@debian.org>. (Tue, 02 Nov 2010 14:12:03 GMT) Full text and rfc822 format available.

Message #40 received at 587482@bugs.debian.org (full text, mbox):

From: Julien Cristau <jcristau@debian.org>
To: Didier 'OdyX' Raboud <didier@raboud.com>, 587482@bugs.debian.org
Cc: Pompee William <william.pompee@gmail.com>, 587668@bugs.debian.org, 587664@bugs.debian.org, Petter Reinholdtsen <pere@hungry.com>, Alexander Reichle-Schmehl <tolimar@debian.org>, Yves-Alexis Perez <corsac@debian.org>, Valessio Brito <contato@valessiobrito.info>, debian-legal@lists.debian.org
Subject: Re: Bug#587482: The Debian open logo with "Debian" is not compliant to the Debian policy (RC bugs #587482, #587664 and #587668)
Date: Tue, 2 Nov 2010 15:09:49 +0100
[Message part 1 (text/plain, inline)]
On Tue, Nov  2, 2010 at 14:55:31 +0100, Didier 'OdyX' Raboud wrote:

>   d) get the DOUL-with license changed in time for Squeeze,

That's not going to happen, fwiw.

Cheers,
Julien
[signature.asc (application/pgp-signature, inline)]

Information forwarded to debian-bugs-dist@lists.debian.org, Josselin Mouette <joss@debian.org>:
Bug#587482; Package gdm-themes. (Tue, 02 Nov 2010 14:39:03 GMT) Full text and rfc822 format available.

Acknowledgement sent to Stefano Zacchiroli <leader@debian.org>:
Extra info received and forwarded to list. Copy sent to Josselin Mouette <joss@debian.org>. (Tue, 02 Nov 2010 14:39:03 GMT) Full text and rfc822 format available.

Message #45 received at 587482@bugs.debian.org (full text, mbox):

From: Stefano Zacchiroli <leader@debian.org>
To: Didier 'OdyX' Raboud <didier@raboud.com>, 587482@bugs.debian.org
Cc: Pompee William <william.pompee@gmail.com>, 587668@bugs.debian.org, 587664@bugs.debian.org, Petter Reinholdtsen <pere@hungry.com>, Alexander Reichle-Schmehl <tolimar@debian.org>, Yves-Alexis Perez <corsac@debian.org>, Valessio Brito <contato@valessiobrito.info>, debian-legal@lists.debian.org
Subject: Re: Bug#587482: The Debian open logo with "Debian" is not compliant to the Debian policy (RC bugs #587482, #587664 and #587668)
Date: Tue, 2 Nov 2010 15:34:25 +0100
[Message part 1 (text/plain, inline)]
On Tue, Nov 02, 2010 at 02:55:31PM +0100, Didier 'OdyX' Raboud wrote:
> (Context: while hunting for an RC bug to fix, I fell on #587668 and then asked 
> for advice on #debian-release, where a discussion was held. Here's my summary of 
> the issue.)

Hi Didier,
  I stumbled upon these bug logs myself during last week-end. IANAL, but
FWIW my own summary of the issue is the same as yours, thanks for saving
my time in posting it here yourself first :-)

Let me just comment on a specific option, which lays pretty much at the
intersection of SPI/DPL responsibilities.

>   d) get the DOUL-with license changed in time for Squeeze,

I've been looking into this option, as I would have loved to simply
propose "let's re-license the 'with' logo under DOUL". Unfortunately,
there are concerns that doing so could be interpreted as "naked
licensing" [1] the Debian trademark.  I still hope to find some
DFSG-free way out of it, but the issue looks tricky and I seriously
doubt it can be solved in time for Squeeze.

Cheers.

[1] http://itlaw.wikia.com/wiki/Naked_license

-- 
Stefano Zacchiroli -o- PhD in Computer Science \ PostDoc @ Univ. Paris 7
zack@{upsilon.cc,pps.jussieu.fr,debian.org} -<>- http://upsilon.cc/zack/
Quando anche i santi ti voltano le spalle, |  .  |. I've fans everywhere
ti resta John Fante -- V. Caposella .......| ..: |.......... -- C. Adams
[signature.asc (application/pgp-signature, inline)]

Added tag(s) squeeze-ignore. Request was from Julien Cristau <jcristau@debian.org> to control@bugs.debian.org. (Sun, 05 Dec 2010 22:42:03 GMT) Full text and rfc822 format available.

Added tag(s) lenny-ignore. Request was from Gerfried Fuchs <rhonda@debian.at> to control@bugs.debian.org. (Thu, 09 Dec 2010 12:06:07 GMT) Full text and rfc822 format available.

Reply sent to Debian FTP Masters <ftpmaster@ftp-master.debian.org>:
You have taken responsibility. (Sat, 19 Feb 2011 18:31:19 GMT) Full text and rfc822 format available.

Notification sent to Pompee William <william.pompee@gmail.com>:
Bug acknowledged by developer. (Sat, 19 Feb 2011 18:31:19 GMT) Full text and rfc822 format available.

Message #54 received at 587482-done@bugs.debian.org (full text, mbox):

From: Debian FTP Masters <ftpmaster@ftp-master.debian.org>
To: 358353-done@bugs.debian.org,471480-done@bugs.debian.org,514424-done@bugs.debian.org,514433-done@bugs.debian.org,556389-done@bugs.debian.org,587482-done@bugs.debian.org,
Cc: gdm-themes@packages.debian.org, gdm-themes@packages.qa.debian.org
Subject: Bug#613683: Removed package(s) from unstable
Date: Sat, 19 Feb 2011 18:08:23 +0000
Version: 0.6.2+rm

Dear submitter,

as the package gdm-themes has just been removed from the Debian archive
unstable we hereby close the associated bug reports.  We are sorry
that we couldn't deal with your issue properly.

For details on the removal, please see http://bugs.debian.org/613683

The version of this package that was in Debian prior to this removal
can still be found using http://snapshot.debian.org/.

This message was generated automatically; if you believe that there is
a problem with it please contact the archive administrators by mailing
ftpmaster@debian.org.

Debian distribution maintenance software
pp.
Alexander Reichle-Schmehl (the ftpmaster behind the curtain)




Bug archived. Request was from Debbugs Internal Request <owner@bugs.debian.org> to internal_control@bugs.debian.org. (Sun, 05 May 2013 08:00:13 GMT) Full text and rfc822 format available.

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