For Approval: Microsoft Reciprocal License

[Philippe Verdy]

Chris Travers [mailto:chris.travers at gmail.com] wrote:
> I am not quite sure what you are looking for permission to do.  I would
think that if Microsoft releases the license, and you copy it verbatem, that
this is not only fair trademark use (as in the statement that a given file
is governed by it), but by including the license in your file, you are not
infringing on any trademarks in any way I know (IANAL). 
> Look at it this way, suppose I buy a new Toyota Prius.  After a while, I
decide to sell it and buy a hybrid from Honda.  Toyota has no basis in
asking me to remove their trademarks from the car they manufactured just
because I want to resell it.  If your country is *that* insane as to allow
this sort of thing.....

I have NEVER said that. The Toyota trademark remains, where it is: engraved
within the motor (you have no right to remove it or change it), but if
Toyota has sold the car to you without the Toyota logo displayed in front of
the car, you can't add it or use the Toyota mark to promote your resale, as
an argument for convincing the buyer that you're a reliable seller. Only the
original marks will remain, you can't promote it by proeminent use of the
Toyota logo, because it would compete with Toyota's own sales.

Also you are comparing a different thing: cars in your example are sold,
this is a contract with transfers of exclusive rights. We are speaking about
licencing, i.e. granting some non-exclusive rights.

If you need a more comparable thing, speak about Toyota *renting* you the
car without the Toyota logo, and allowing you to share it with as many
people as you want. You, or nobody else to whom you share the rented car,
can't add the Toyota logo on it. Here we are effectively speaking about
granting non-exclusive rights. And Toyota will remain the owner of the car
so you can resell it (unless you have payed an additional right to Toyota to
complete the purchase after your rental period).

At any time during rental, Toyota keeps its exclusive rights on the car you
have rented; if the rental is terminated, you have to give back the car,
otherwise you (or your insurance company) will have to compensate Toyota for
the loss (at a price which may be MUCH more expensive than the rental price,
including asking you to pay for a NEW car plus some other compensation, even
if the rental contract was free of charge).