I agree with Simon that it prohibits forking. It is also my position
that trademarks are not "Legal Notices" as that term is used in the AGPL
and I can go into that in more detail if anyone is interested. (And it's
in my chapter in Amanda's upcoming book ...) For that reason it may not
be permitted by the AGPL.
As to the OSD, I would say OSD 3, although that is an interesting
provision (and something I think about occasionally). OSD says "The
license must allow modifications and derived works ..." But it doesn't
say ALL modifications. If it is construed as meaning ALL modifications,
that interpretation gets hard to reconcile with elements typically
accepted as protected from modification, such as the copyright notice
and a disclaimer of warranty by the original authors.
But this is an easy one for me to say does not comply with the common
understanding of the OSD.
Pam (in my personal capacity)
Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
919-800-8033
pam...@chesteklegal.com
www.chesteklegal.com
On 9/19/2022 2:40 PM, Simon Phipps wrote:
I agree that all looks very worrying and probably disqualifying, but
the trademark terms in clause 2 are even worse as they prohibit you
from rebranding the software as would be essential to fork:
Using these trademarks without the (TM) trademark notice symbol,
removing these trademarks from the software, modifying these
trademarks in any manner except proportional scaling (under the
proviso that such scaling keeps the trademark clearly legible), or
using these trademarks to promote any products or services
commercially, or on product packaging, websites, books,
documentation or any other publication without a written, signed
agreement with Linagora is strictly prohibited, and constitutes an
infringement of Linagora intellectual property rights over these
trademarks.
I can't see any this new license resulting from the AGPL and the
additional terms would be approved by license-review@
Cheers
Simon
(in a personal capacity)
On Mon, Sep 19, 2022 at 7:10 PM Josh Berkus <j...@berkus.org> wrote:
Folks,
Someone just forwarded me this:
https://github.com/linagora/linshare/blob/master/COPYING.md
Take a look at "additional terms", esp:
> In accordance with Section 7 and subsection (b) of the GNU
Affero General Public License version 3, these Appropriate Legal
Notices consist in the interface display of the "LinShare™"
trademark/logo, the interface display of the "Libre & Free"
mention, and the interface display of the "You are using the Free
and Open Source version of LinShare™, powered by Linagora ©
2009--2020. Contribute to Linshare R&D by subscribing to an
Enterprise offer!". The latter notice must also be displayed in
any asynchronous message sent with the Program, for example
e-mails which will contain this notice in their footer. Retaining
these Appropriate Legal Notices in any and all Free and Open
Source versions of LinShare and LinShare software Programs is
mandatory notwhistanding any other terms and conditions.
... this is the most burdensome example of an attribution notice I've
ever seen. Feels like it's a violation of 10, and possibly 6 or 8 as
well. Thoughts?
--
Josh Berkus
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