OT: Media format patents and commercial installations

[Jeff Spaleta]

On 5/26/06, Rahul Sundaram <sundaram at fedoraproject.org> wrote:
> Nothing stops you from modifying Fedora and including non-free software
> for OEM systems. Trademark guidelines do not allow this system to be
> called Fedora anymore though.  There has been discussions in fedora-
> marketing list about this

The way I read
http://fedora.redhat.com/About/legal/trademarks/guidelines/page5.html

An OEM can market a system as Fedora + value addon under certain conditions.

<quote>
The original Fedora™ code is intact and identifiable at the time of
installation and on the media on which the code is delivered;

a)
The patches are provided independent of the original Fedora™ code and
are identifiable on the media on which the code is delivered;
</quote>

I read this to mean that when an OEM system is delivered/marketed what
comes in Fedora  and what the OEM is providing as a value addon are
clearly delineated. So in the case of media, the OEM addons are on
seperate media than the Fedora software.
In the case of a pre-installed system, there must be a breakdown as to
what is provided as a value add-on before the system is purchased, and
it must be clear in the packaging that certain packages are OEM
provided and not Fedora.

<quote>
b)
The end user is given the discretion as to whether to install the patches; and
</quote>

I read this to mean that the OEM must provide a means by which to
opt-out of any value-added software pre-install, so that the purchaser
can choose a stock Fedora operating system install.  I would go
further and say this should be demanded as a no-cost option to the
purchaser.

<quote>
c) Any marketing materials related to such a distribution make clear
that the vendor is providing patches which, if installed by the user,
will modify the Fedora™ code from its original form
</quote>

This clarifies my interpretation of a). Pre-install OEM services are
"okay" as long as the OEM makes it clear, before purchase, with
specificity, as to what is being installed that either replaces Fedora
components or adds new components.


Is my interpretation of these conditions wrong?

-jef"godaddy's VPS service which offers a highly modified  FC2 system
is an egregious example of OEM abuse of the trademark guidelines I
have quoted."spaleta