Skip to main content
[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index] [List Home]
Re: [ee4j-pmc] Project logos based on "Duke"
Hi Ivar,

Responses inline

On 10 April 2018 at 07:01, Ivar Grimstad <ivar.grimstad@xxxxxxxxx> wrote:
Hi,

My input on this is that we should find a way to allow Duke images. Not the ones that are TM:ed by Oracle, but the community contributed open source ones.

IANAL - But I think those community contributed ones could still arguably be derivatives of the original Duke and therefore may be difficult for Eclipse to (Tm).  Hopefully an Eclipse lawyer can give a proper opinion here.
 
As you point out, there is a connection between Duke and Java and this connection won't go away. And as all EE4J projects currently are Java projects, I cannot see any reason why we should distance us from that. Using the Java-cup would be wrong, but Duke...?

Ivar

On Mon, Apr 9, 2018 at 8:08 PM Wayne Beaton <wayne.beaton@eclipse-foundation.org> wrote:
Hey EE4J PMC...

We have a couple of projects that either already have, or are planning to adopt logos that are based on "Duke".

We have what I think is a hard stop. Duke, while BSD-licensed, is a copyright and claimed trademark of Oracle. So, while derivative works of Duke are permitted, claiming trademark of those derivative works is at least excessively challenging (effectively impossible). Like project name trademarks, the Eclipse Foundation, asserts trademark ownership (albeit unregistered for the most-part) of project logos on behalf of the community. 

TL;DR: the EF needs to be able to claim ownership/trademark of the logo, but can't make that claim for a derivative logo. So project logos cannot derive from existing (copyrighted and trademarked) property.

Further, there is a tight association between Duke and Java. There is an obvious tight connection between the Jakarta EE technologies and Java as well, but am concerned that reinforcing the connection between Jakarta EE technologies and Duke introduces confusion (maybe I'm thinking about this too hard).

I am also concerned that there is a tight association between Oracle and Duke, which may compromise vendor neutrality. I may well be overthinking this one as well.

So my question is... Do you agree with my assessment that project logos cannot derive from existing intellectual property?

Am I missing something important?

Thanks,

Wayne

--
Wayne Beaton
Director of Open Source Projects
The Eclipse Foundation
_______________________________________________
ee4j-pmc mailing list
ee4j-pmc@xxxxxxxxxxx
To change your delivery options, retrieve your password, or unsubscribe from this list, visit
https://dev.eclipse.org/mailman/listinfo/ee4j-pmc
--

Java Champion, JCP EC/EG Member, EE4J PMC, JUG Leader


_______________________________________________
ee4j-pmc mailing list
ee4j-pmc@xxxxxxxxxxx
To change your delivery options, retrieve your password, or unsubscribe from this list, visit
https://dev.eclipse.org/mailman/listinfo/ee4j-pmc


Back to the top