On Tue, 17 Feb 2004, Chris Browne wrote:
> JanWieck@Yahoo.com (Jan Wieck) writes:
> >>> P.S. For example MySQL Databse have the commercial license for that.
> >
> > P.P.S. BSE is Bovine Spongiform Encephalopathy, also known as Mad Cow
> > Disease. Even if MySQL has a few features that might be described this
> > way, we do not appreciate this sort of MySQL-bashing on our
> > mailinglists, okay?
>
> Indeed. Association of MySQL(tm) with BSE is the sort of thing that
> the owners of the trademark would doubtless consider to fall into the
> set of things that are detrimental, harmful, and damaging.
>
> "The use must not be detrimental, i.e., harmful or damaging, to the
> value of any of the MySQL Marks, or to MySQL AB, its brand
> integrity, reputation or goodwill"
>
> Remmber also that...
>
> "When using any MySQL AB Mark, you should use the "tm" symbol. This
> symbol provides notice to third parties of MySQL AB's rights in its
> Marks."
>
> Furthermore, there is a requirement beyond that... The following
> attribution statement must be used in all material referencing the
> MySQL AB Marks:
>
> "[Insert the MySQL Marks that appears in that particular piece] is a
> registered trademark of MySQL AB in the United States, the European
> Union and other countries."
>
> Lest they should decide to sue me for improper attribution, I'll make
> sure I attribute things properly. (And I rather think that everyone
> else that discusses it should be expected to attribute it properly...
> If that seems annoying and anal-retentive, well, yes, I'm trying to
> make it annoying...)
>
> MySQL is a registered trademark of MySQL AB in the United States, the
> European Union and other countries.
Actually, unless you're a licensee, they have no more control over how you
use MySQL (tm) than provided by international / national copyright laws
give them, no matter how much they try to get from you. And since the GPL
doesn't allow one to ADD restrictions to GPL software, and in no ways
addresses trademark usage, but only distribution, as long as you aren't
distributing MySQL (tm) they have no right to say how you can use their
mark outside of how the international / national laws that bind you
personally say.
Fair use means you can say "I think MySQL (tm) is utter crapola" and
you're ok. You're not a licensee of MySQL AB, you signed no contract, and
you are giving them their trademark due by putting the TM mark in.
No amount of gum flapping from them changes that. they have no more hold
on you than standard international / national trademark law.
