[Commons-l] Re: Trademarks

Thu Sep 15 12:04:57 UTC 2005

I agree.

14 Sep 2005 22:26:00 +0200, Claus Färber
<claus at xn--frber-gra.muc.de<http://frber-gra.muc.de>
>:
> 
> Jimmy Wales <jwales at wikia.com> schrieb/wrote:
> > The core goal of Commons is maximal reuse.
> 
> Maximal reuse might result in minial content.
> 
> I think every restriction should be evaluated to determine whether the
> image is still "free enough".
> 
> With copyright, that's quite easy: Copyright restricts nearly every act
> of redistribution, so it makes sense to require that images and other
> media need to have a "free license".[1]
> 
> On the other hand, trademarks only restricts labelling products with the
> image or impersonating the owner, i.e. "trademarkish" use. IMO(!),
> that's still "free enough".
> 
> Further, there's a conflict if you include "trademarkish" use within the
> maximal reuse goal of Wikimedia: If someone really starts to use an
> image on Commons as a trademark, it's likely to become protected as a
> trademark (and incompatible with the maximal reuse goal).
> 
> Finally, there are some practical problems with a strict no-trademark
> policy. As everything can be trademarked, you would have to do regular
> trademark searches with every trademark registry. You can't ask the
> author/source of an image (especially if it's PD or depicts something
> found in nature) and there are very few things that can't be trademarked
> (and virtually none the upload of which to Commons makes sense).
> 
> > Commercial logos are frequently under _both_ trademark _and_
> > copyright.
> 
> If it's also copyrighted (and not under a free license), the situation
> is clear: Wikimedia Commons can't host it.
> 
> -------------------------------
> [1] You can argue what constitudes a "free" license. Some people
> consider no modification licenses free enough, some consider
> copyleft/share-alike/GNU licenses too restrictive.
> 
> Claus
> --
> http://www.faerber.muc.de
> 
> 
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-- 
um abraço,
Felipe
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