linuxaudio.org

Daniel,
We are still tuning the web site and its verbiage.  Your points are well taken.
daniel@linuxaudio.org said:

quoted text
> However, I think the way that this is being handled, with the threat  of

> legal action against legitmate non-profit Linux groups who don't  pay up, is

> wrong.

....

> "If you know of entities or persons using the Linux mark without a  license

quoted text
> and without the required legend, please notify us with the  details. We will

> then contact that entity or person and attempt to negotiate a license

> agreement with them, or will take such other further legal action as might

> be necessary."

As in most Legal things, every word is important.  You missed the word

"negotiate".  What is most important to us is that the Mark be sublicensed

properly.  If people are not willing to help us do this, both for LMI's interest

and for their own, then maybe they should not be using the Mark.  On the other

hand, we DO listen.
> That would be a good idea. Have you asked Bruce Perens? It was his  concern

quoted text
> about the Debian-compatibility of the LMI sublicence that  brought this

> matter to our attention.

We are currently working with Bruce to meet his concerns.  We do not anticipate

any changes to the license itself.  We believe that Bruce misinterpreted the

license.  We would have preferred Bruce coming to us with questions and issues

before going to the Debian community.  If he had, we probably would have been

able to get much further than we are right now, but that is water over the dam.
We plan on creating a FAQ that explains some of the harder points of law in

more understandable terms.  The tricky part of that is not to compromise what

is needed by the legalese to protect the Mark by having an interpretation in

English that does not accurately reflect the legalese.
> However, the actual licence text, by setting an annual fee for  non-profits,

quoted text
> seems to contradict it's own fair use provisions.  

The term "fair use" is a very legal term, and has very specific needs.  I can

not just say that your use of the term "Linux" is "fair use" just because it

fits the definition of what you and I might consider "fair".
>As far as linuxaudio.org is concerned, we could help that effort by

quoted text
>putting 'LINUX® is a registered trademark of Linus Torvalds'

This would be a wonderful thing, and would help to protect the Mark in any

case.
All I can do is say that LMI is doing its best to protect the Mark, and none of

the members of LMI or OSDL wants to make the use of the Mark any harder than

we absolutely must.
Of all the things I do, this is the least enjoyable, but I am well aware of the

dynamics of the FOSS community, and LMI is working to both protect the Mark

and make it available, something extremely tricky under Trademark law.
Having said all this, I beg to be quiet about this at this point so I can

prepare for a board meeting where I will discuss your concerns and feedback

with the attornies and other board members.
md

--

Jon "maddog" Hall

Executive Director           Linux International(R)

email: maddog@li.org         80 Amherst St.

Voice: +1.603.672.4557       Amherst, N.H. 03031-3032 U.S.A.

WWW: http://www.li.org
Board Member: Uniforum Association, USENIX Association
(R)Linux is a registered trademark of Linus Torvalds in several countries.

(R)Linux International is a registered trademark in the USA used pursuant

   to a license from Linux Mark Institute, authorized licensor of Linus

   Torvalds, owner of the Linux trademark on a worldwide basis

(R)UNIX is a registered trademark of The Open Group in the USA and other

   countries.