| Ubuntu lays down the trademark law |
Apr. 27, 2007
Trademarks have recently become something of an issue in open-source circles. Debian, for example, recently took exception to Mozilla's Firefox trademark rules and called its version of the popular browser, IceWeasel. So, Ubuntu has decided to address possible trademark issues by creating its own trademark policy.
Mark Shuttleworth, CEO of Canonical Ltd., the company behind Ubuntu, announced the trademark policy in his blog on April 25. Shuttleworth also explained why the Ubuntu leadership felt it had to create such a policy. "Classically, 'software freedom' was about the copyright license associated with the code. But patents and trademarks are now being brought into the mix. For example, the discussion around Mozilla's trademark policy was directly linking the concept of "freedom" to trademark policy as much as code copyright license," Shuttleworth wrote.
Another factor doubtlessly was that Canonical is seeking to turn Ubuntu into a major business Linux distribution. As Mark Webbink, Red Hat's deputy general counsel and secretary, said in 2004, Red Hat has no problems with anyone using its source code. But Red Hat does have problems with anyone using its name or its trademark "shadowman." That, Webbink said, Red Hat guards zealously. "In the open-source economy, it's the Red Hat brand, as well as its service, that carry value."
So it is that there are many Linux distributions based on Red Hat's code, such as CentOS. CentOS, however, can't use the trademarked name "Red Hat." Instead, it describes its code as coming from "sources freely provided to the public by a prominent North American Enterprise Linux vendor." And, that while it "aims to be 100% binary compatible," the company does make changes to the packages "to remove upstream vendor branding and artwork."
Ubuntu's trademark policy opens by stating what's covered by the policy. "Canonical owns a number of trademarks and these include UBUNTU, KUBUNTU, EDUBUNTU, and XUBUNTU. The trademarks are registered in both word and logo form. Any mark ending with the letters UBUNTU or BUNTU is sufficiently similar to one or more of the trademarks that permission will be needed in order to use it."
Non-profit groups using Ubuntu for open-source community purposes are exempted from this requirement. On the other hand, a non-profit group that takes Ubuntu's code, makes minor changes to it and then releases it falls into a different category.
In Ubuntu's language, this is a 'Remix.' "Remixes are derived versions of Ubuntu, and it is intended that any software and hardware certifications will apply to a Remix. Therefore the changes from official Ubuntu product must be minimal to be permitted to use the Trademarks."
Specifically, "These changes can include configuration changes through the existing Ubuntu configuration management tools, changes to artwork and graphical themes and some variance in package selection. In general, a Remix can have applications from the Ubuntu archives added, or default applications removed, but removing or changing any infrastructure components (e.g., shared libraries or desktop components) will result in changes too large for the resulting product to be called by a Trademark."
The trademark policy then goes on to give an example of using Remix. "For instance, a new ISO image which has been packaged special tools for software developers could be called 'Ubuntu, Developers Remix,' or an image has been created with Thai language packs could be called 'Ubuntu Thai Remix.' Words such as 'Edition' and 'Version' should be avoided, as they have specific meaning within the Ubuntu project. Prefixes, such as 'ThaiBuntu' should also be avoided. Any other naming scheme will require explicit permission."
This implies that independent, Ubuntu-based community distributions projects such as Fluxbuntu, which uses the lightweight Fluxbox windows manager; Ubuntu Studio, a Ubuntu-based distribution for media creators; and Elbuntu, which uses the Enlightenment windows manager, will need to ask for permission from Ubuntu to continue under their present names.
In the case of Linux distributions that make more substantial changes, Ubuntu encourages developers by stating, "you are allowed to state (and we would encourage you to do so) that your product is 'derived from Ubuntu,' 'based on Ubuntu,' or 'a derivative of Ubuntu' but you may not use," under ordinary circumstances, "the Trademarks to refer to your product."
For developers who want to build a non-profit program that is designed to work with Ubuntu, the Ubuntu community grants them the "right to use the trademark in a way which indicates the intent of your product. For example, if you are developing a system management tool for Ubuntu, acceptable project titles would be "System Management for Ubuntu" or "Ubuntu Based Systems Management." However, the policy states, "We would strongly discourage, and likely would consider to be problematic, a name such as UbuntuMan, Ubuntu Management, ManBuntu, etc. Furthermore, you may not use the Trademarks in a way which implies an endorsement where that doesn't exist, or which attempts to unfairly or confusingly capitalize on the goodwill or brand of the project."
Companies or individuals planning to create a Linux distribution based on Ubuntu and use its trademarks for commercial purposes must ask for permission. So, for example, SimplyMEPIS, which is built in part on Ubuntu, but doesn't use the Ubuntu name or logos, is in the clear. A company trying to try to sell a version of Ubuntu called "EasyUbuntu," on the other hand, would need to get permission.
The same is also true of other commercial uses of Ubuntu's trademarks, such as T-shirts, buttons, and the like. Companies also couldn't name a computer "UbuntuPC," or start a service business called "StrictlyUbuntu" without explicit permission from Ubuntu. In addition, Ubuntu will be guarding any use of its trademarks on website names.
In his description of the trademark policy, Shuttleworth finished, "I'm sure this isn't the last word on the subject, but I hope it's a useful contribution to the debate, and would welcome other projects adopting similar licenses. For that reason, our trademark license is published under the Creative Commons Sharealike with Attribution license."
-- Steven J. Vaughan-Nichols
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