Promotion of derived products, the Microsoft case (was: Scope of copyright on derivative works)

[Chris Travers]

On 9/29/07, Ken Arromdee <arromdee at rahul.net> wrote:
>
>
> It says "endorse *or* promote".
>
> I am pretty sure that Microsoft reserves the right to prevent people from
using their Microsoft Windows trademark(s) in promoting other software as
well.

However, if I say, "In My Cool Linux Distro, 1.3.4, you can use WINE to run
many programs written for Microoft Windows" I am pretty sure Microsoft has
no right to challenge this.  Similarly, if I say "This software runs on
Microsoft Windows 2000, XP, and Vista" that is again permitted.  I don't
think that this license changes the right to make factual statements.

However, in none of these cases could you suggest that Microsoft was
promoting one's software witout a prior agreement.

If I want to take, say, PostgreSQL and say "This project began at the
University of California" there is nothing UCB can do regardless of any
nonendorsement clause.  If I say "This software is so good that the
University of Califoria said...." that is another matter....

Does this make sense? IANAL, etc.

Best Wishes,
Chris Travers
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