Followup on Exhibit B licences

John Cowan cowan at
Wed Mar 7 04:02:39 UTC 2007

Rick Moen scripsit:

> TenderSystem Public Licence 1.1, like the other "Exhibit B" licences,
> (apparently by intention) impairs commercial reuse (thus violating
> OSD#6) by requiring a trademarked logo + company name on "every user
> interface screen" while simultaneously specifically denying a trademark
> licence.  

I think this is an over-interpretation on your part.  In general,
if X compels Y to do Z, X is estopped from also enjoining Y from
doing Z, particularly in the same breath lik this.  In effect,
the requirement to use the trademarks is tantamount to a limited
license to use them.

Furthermore, there is an analogue of fair use for trademarks.
I can speak of drinking Coke, and a novelist can say that his
protagonist drives a Ford, without stepping on trademarks.

And as for intention, "the devil himself knoweth not the mind of man"
(Blackstone).  Legal intent must be judged by objective evidence.

John Cowan  cowan at
'Tis the Linux rebellion / Let coders take their place,
The Linux-nationale / Shall Microsoft outpace,
We can write better programs / Our CPUs won't stall,
So raise the penguin banner of / The Linux-nationale.  --Greg Baker

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