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[DotGNU]proposal: DotGNU Trademark License

From: Norbert Bollow
Subject: [DotGNU]proposal: DotGNU Trademark License
Date: Tue, 5 Aug 2003 21:17:30 +0200 (CEST)

A recent discussion with Stephen J. Turnbull has reminded me
that it is very important to create some legal protection for
the term "DotGNU Webservice".

Provided that the FSF agrees to this idea, I'd like to include
something like the following in the documentation that will be
part of the upcoming DotGNU 0.1 release:

"DotGNU Webservice" Servicemark License

Version 0.1-alpha1

Copyright 2003 Free Software Foundation, Inc.  
59 Temple Place - Suite 330, Boston, MA  02111-1307, USA

Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.

"GNU" is a registered trademark of the Free Software Foundation, Inc.
"DotGNU Webservice" is a servicemark of the Free Software Foundation, Inc.


0. This License grants, to businesses which satisfy the
   conditions that are outlined in sections 1 and 2 below,
   permission to use the "DotGNU Webservice" servicemark
   in the context of their commercial activities.

   Activities which are not of commercial nature are outside the
   scope of this license; in particular there are no restrictions
   on using the term "DotGNU Webservice" outside the context of
   making a commercial service offering.

   Every business which fulfils the conditions that are outlined
   in sections 1 and 2 below may choose to accept this license, thereby
   becoming a licensee.  Each licensee is addressed as "you".

   You are not required to accept this License, since you have not
   signed it. However, nothing else grants you permission to use the
   "DotGNU Webservice" servicemark in the context of making commercial 
   service offerings; that is prohibited by law if you do not accept
   this License. Therefore, by using the "DotGNU Webservice"
   servicemark in such a commercial context, you indicate your
   acceptance of this License to do so, and all its terms and

1. The "DotGNU Webservice" servicemark may only be used in connection
   with services that satisfy DotGNU's definition of "webservices",
   namely the following two conditions must be satisfied:

   (a) Some functionality is provided, and in addition there is
       a description of this functionality, namely how the
       service should be used and what it provides.

   (b) The service is offered over a computer network (e.g. the
       internet or an intranet) via standard protocols, i.e. protocols
       that are open, widely published, and freely available for anyone
       to implement.

   If you provide a commercial service and use the "DotGNU Webservice"
   servicemark, you must in addition satisfy the following two

   (c) You must ensure that whenever the service is usable, the owner
       of the data is able to download the data plus the program which
       acts on the data (the "webservice program") in an executable
       form which can be used with a version of the DGEE ("DotGNU
       Execution Environment") webservice server which has been
       released by the DotGNU Project of the Free Software Foundation.

   (d) You must provide your customers with a written offer, valid for
       at least three years, to give them upon request, at no extra
       charge, on a medium customarily used for software interchange,
       licensed under the terms of the GNU General Public License,
       a complete machine-readable copy of the source code of the
       webservice program plus any compilers and libraries which are
       needed to translate the webservice program into executable

   The term "webservice program" in sections (c) and (d) above refers
   to a computer program which can be used together with a version of
   the DGEE ("DotGNU Execution Environment") webservice server to
   provide a webservice which is identical in functionality to the
   webservice which the customer has purchased from you.  

2. Any violation of the conditions in section 1 will automatically
   terminate your rights under this License.  You must not use the
   "DotGNU Webservice" servicemark if you have previously violated any
   of the conditions in section 1.


Greetings, Norbert.

Founder & Steering Committee member of
Free Software Business Strategy Guide   --->
Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich, Switzerland)
Tel +41 1 972 20 59        Fax +41 1 972 20 69

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