Approval request for BXAPL

[Abe Kornelis]

This one did not go to the list either.
Another resend with apologies.
Abe F. Kornelis.

From: Forrest J. Cavalier III <mibsoft at mibsoftware.com>


> [Discussion of Paragraph 6]
> 
> > > The "even if such marks are included" is a problem when you also
> > > require (in a separate paragraph) verbatim distribution of the
> > > software.  I read that as "when there is any trademark in the
> > > software, you are not permitted to distribute."
> > --> In my opinion that would not constitute the "use" of such
> >       trademarks. Would this not be so under US law?
> > 
> One way of including marks is as icons and graphics.  These may
> appear as output during the normal course of running the software.
> (splash screens, for example.)  They may appear at page headers
> and footers of printed pages produced by the software.
--> Ok, I see your point. However, as I see it, all Users are
      allowed to *display* the output of the Software, including
      any such marks. See par. 8.1. This does not give any right
      to the mark per se, so distributing Software that contains
      or displays such marks would not violate any restriction.
      Using such marks for other purposes would however
      violate trademark laws in the first place and the BXAPL
      in the second place (in that order, for clarity's sake).

> I'm not a lawyer, but under US law, trademarks have to be
> used as a description of something, a description which identifies
> the source.
--> That is an important point to be taken into consideration
       by any Contributor wishing to insert a mark into the 
       Software for (re-)distribution. But how does it affect
       the relation between OSD and BXAPL, I wonder?

> If there is a trademark in the software at all, then it must
> identify the source.  If I am not that source, then I can't
> use the mark without separate agreement.
--> As I see it, paragraph 8.1 grants you the rights
      you need for running the Software - with the mark,
      and for redistributing the Software.

> Am I allowed to remove the marks by the BXPL?
--> No, check par. 9.1. Of course, if you really wanted
      to, you might consider requesting allowance to do
      so from the Copyright Holder and/or relevant
      trademark owner(s).
      
Kind regards, Abe F. Kornelis.



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