[License-discuss] Doese GPLv3 allow misrepresentation and grant rights under trademark law?

Patrick Schleizer adrelanos at riseup.net
Thu Mar 21 15:54:00 UTC 2019

Quote GPLv3:

> [...]
> 7. Additional Terms.
> [...]
> Notwithstanding any other provision of this License, for material you
add to a covered work, you may (if authorized by the copyright holders
of that material) supplement the terms of this License with terms:
> [...]
> c) Prohibiting misrepresentation of the origin of that material, or
requiring that modified versions of such material be marked in
reasonable ways as different from the original version; or
> [...]

Since GPLv3 says that "Prohibiting misrepresentation" is an opt-in, it
could be argued in court that misrepresentation as per "pure" (no
supplemental terms) GPLv3 licensed material is permissible?

Quote GPLv3:

> [...]
> e) Declining to grant rights under trademark law for use of some
trade names, trademarks, or service marks; or
> [...]

Again, "Declining to grant rights under trademark law" is an opt-in.
Does the reverse logically follow that GPLv3 "grant rights under
trademark law"?

So any source code released under GPLv3 contains any trademarks, that
effectively equals giving up that trademark?

Kind regards,

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