MJ Ray wrote:
Passing off is a little different, so I don't want to confuse that
with trademarks.
That's not something I know much about; a reference on the difference
would be appreciated if you have one.
How is "Python" being used by the distributor to label the shipped
version of CPython in any way that you can determine *during*
purchase?
Let's modify the scenario, then. Let's say I am particularly keen to get
a Linux distribution which contains this Python language I've heard so
much about. I ask the commercial distributor at the stand: "Does this
copy of Debian contain Python?" Does he say:
a) Yes
b) No
c) It includes a bit of software we call "python" which is based on the
official one from the PSF, and we hope it's fully compatible with it,
but we have no connection with them, etc. etc.
d) Hang on, I have to call the PSF to get their approval before I can
tell you.
a) is, I assert, trademark infringement. b) is misleading and unhelpful
at best. d) is clearly ridiculous. I suppose c) would be OK, but I doubt
that's the answer you would get in practice. If it's the only legal
answer, does Debian need to warn its distributors?
A bit of y, a bit of something like c and a bit of z. My position is
that I do not understand why the distributor would *need* to infringe
the "Python" word trademark. I see no need to use the Python mark in
the course of trade to distribute debian.
So, as I understand it, the use of the word Python in the Debian docs on
the CD is using the mark, but it's not in the course of trade?
Does that mean if I give away my can's of Gerv's Cola labelled as Coca
Cola, instead of selling them, then it's not in the course of trade so
it's OK? Or if I sell boxes labelled "Famous Name-Brand Cola inside",
and people open them after purchase and see cans of what looks very like
Coke, that's OK too?
I admit this is a bit stretched, but I find it hard to understand how we
come to a position where Debian can label anything it likes with any
trademarks it likes in its distribution, as long as it doesn't write the
trademarks on the outside of the CD.
Gerv
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