RE: https://fosstodon.org/@ONLYOFFICE/116317711474615441

So, #onlyoffice think they found a legal loophole in #AGPLv3 by mandating „the obligation to retain the original product logo“ while at the same time denying any rights to use said (trademarked) logo 🤡

#IANAL but I doubt any judge will agree to this interpretation of „requiring preservation of specified reasonable legal notices or author attributions“ (section 7b), but hey, feel free to bring this to court, good luck! 😂

#NextCloud #eurooffice #opensource

@skittles i think there's actually precedent, at least in the united states: the sega genesis used to protect their console against unlicensed games by requiring each game to hold a piece of text saying "SEGA" in the ROM data header at a specific spot, it was called the "TradeMark Security System" or TMSS

the idea was that unlicensed games would be violating sega's trademark if they put "SEGA" in the ROM without sega's permission

the court ruled that others using a trademark that was literally required for a product to function can't be a violation

@rnd @skittles People bring in this trademark matter, without there being any hint that trademarks play a role here.

What happened is that Euro-Office removed large parts of the attribution to OnlyOffice, presumably to create a competing product, not because of trademark issues. This is what OnlyOffice complains about.

@rnd @skittles
Now the question that needs to be discussed is not trademark matters, but rather how far the AGPL 7b restrictions can go in requiring attributions.

Is mentioning the original authors somewhere in the legal small print sufficient for the attribution requirements if the original author explicitly claims that attribution should remain significant in the user interface?

GPL-compliant reasonable legal notices and author attributions — Free Software Foundation — Working together for free software

@skittles @rnd Here's the mandatory attribution of GNU bc. It is very prominent, much more prominent than OnlyOffice branding in OnlyOffice. Seems like FSF is not that clear about how prominent this mandatory attribution is allowed to be. Saying the boundary is that it is a "logo" instead of text is very arbitrary. Also, what about ASCII art then?