Message-Id: <20090901101532.998E7B0048@smtp.hushmail.com>
Date: Tue, 01 Sep 2009 10:15:32 +0000
From: "Drupal is under attack" <drupal@...h.com>
To: full-disclosure@...ts.grok.org.uk
Subject: Think Drupal was FLOSS and non-profit? Think
	again.

Thought Drupal was open source and non-profit? Not anymore.

This brings back memories of when Mambo and Joomla split.

If you want to build a website based around this GPL+MIT framework, 
you should read the fine print. For your convenience of course, 
it's governed by the laws and regulations of Belgium.

Someone has dollar signs in their eyes.

Source: http://buytaert.net/drupal-trademark-policy-officially-
available

All I need is this euro putz putting his ugly mug on a big 
projector like we should take it. He's freaking using us like 
pawns. He shows us pictures of his god damn babies on his blog like 
he's God or we care.

Enough. Hand power of the trademark to Drupal Association and stop 
killing the project. People don't want Dries, they want Drupal.

Policy Attached.

1. Background information

The Drupal trademark — i.e. the word "Drupal", whether or not in 
capitals — is owned and controlled by Dries Buytaert, who 
cooperates with the Drupal Association and local non-profit 
associations to foster the use of the Drupal software.

Although you are encouraged to use the Drupal trademark (and the 
official Drupal logo (official link to be included when released by 
the Drupal Association), which is itself a use of the Drupal 
trademark) for your own purposes, you must first obtain a license. 
You can either obtain this license automatically, or through a 
license grant procedure, as further explained below in this policy.

This policy therefore first explains whether you receive an 
automatic license, or whether you need to obtain a license through 
the license grant procedure. In addition, this policy explains 
which "rules of use" apply when you use the Drupal trademark 
(whether you obtained the license automatically, or through the 
license grant procedure).
2. Why this policy was created

This policy is based on the questions received by Dries Buytaert 
from various persons and companies, and tries to cover the most 
typical use cases for the Drupal trademark. By imposing simple 
rules, this policy aims to create a level playing field for 
everyone interested in using the Drupal trademark.
3. Limitations of this policy

Do not assume that this policy will answer every question you may 
have about the use of the Drupal trademark. There will be scenarios 
where your intended use of the Drupal trademark is not entirely 
covered by this policy, or where you have doubts as to whether or 
not a specific rule applies. In all these cases, you should contact 
Dries Buytaert.

Please also note that, while the use of the official Drupal logo is 
covered by this trademark policy, the use of the Drupal icon 
(druplicon) is not. Any use of the Drupal icon is subject to 
separate licensing. Contact the Drupal Association for details.


I. AUTOMATIC LICENSE OR LICENSE GRANT PROCEDURE?

This section explains whether you are entitled to an automatic 
license (in which case you can use the Drupal trademark without 
having to complete or receive any document), or whether you need to 
follow the license grant procedure. You will only be entitled to an 
automatic license when you are in any of the situations described 
under subsection A below, and not simultaneously in any of the 
situations described under subsection B below.
A. You receive an automatic license when:

   1. You exclusively use the Drupal trademark to either extend or 
improve the Drupal software, or to encourage the use of the Drupal 
software (in short "foster the Drupal software" ).
      Examples of "fostering the Drupal software":
          * a course entitled "How to use Drupal in your business" 
organized by a local non-profit organization;
          * an open access monthly journal called "Drupal Coding 
magazine";
          * an open source Apache plugin "JIT Compiler for Drupal";
          * a freely distributed homebrew Drupal theme "John's 
Drupal Christmas Theme";
          * a website "drupalhalloffame.com" with pictures of 
famous Drupal contributors;
          * administering a database with Drupal bugs and 
corresponding workarounds.
      Examples which do not qualify as "fostering the Drupal 
software":
          * creating a Drupal fork "ImprovedDrupal";
          * publishing a website "drupalhallofshame.com" with 
pictures of infamous Drupal contributors.
      Examples of not "exclusively to foster the Drupal software":
          * a charitable organisation selling t-shirts with the 
Drupal trademark to sponsor its fight against global warming;
          * a company selling t-shirts with the Drupal trademark, 
while donating 25% of the profits to the Drupal Association.
      "Exclusively" means that any direct profits generated by 
using the Drupal trademark, must also be exclusively used to foster 
the Drupal software.
      Examples:
          * A high-traffic website "drupalindepth.com" containing 
sponsored ads, qualifies for an automatic license when the profits 
generated from these ads (minus hosting costs and other obvious 
costs incurred for maintaining the website) are used to pay a full-
time developer working on the new open source Drupal template 
engine.
          * A Drupal contributor wants to start a website called 
"newtodrupal.com", with helpful tutorials aimed at people new to 
Drupal. This website contains ads under the form of sponsored 
links, which would normally exclude the automatic license. However, 
because the referral code used for these ads is the Drupal 
Association's, any money earned goes directly to support the Drupal 
project. Hence, this website can benefit from an automatic license.
          * The New York Drupal user group sells t-shirts with the 
Drupal trademark to sponsor its functioning. This also qualifies 
for an automatic license.
   2. The Drupal trademark is used in a domain name, title of 
website, title of a seminar, title of a course or title of a 
software package that is either exclusively intended to foster the 
Drupal software, or also mentions your trademark (or your trade 
name, name of your company, name of your organization, or name of 
your association).
      Example uses for which you receive an automatic license:
          * a course entitled "Acme's Drupal Gold Course" or 
"Acme's Drupal Certification Course" or "Acme's Learn to Code in 
Drupal ";
          * a domain name that is used for commercial purposes and 
is entitled "drupalacme.com" or "commonusesofdrupal.acme.com";
          * a domain name that is exclusively intended to foster 
Drupal use, and is entitled "drupalusersgroupcalifornia.org" or 
"drupalunofficialfaq.com";
          * an open source plugin to connect Acme's SQL-server to 
the Drupal software;
          * a commercial plugin to connect Acme's SQL-server to the 
Drupal software, called "Acme's SQL plugin for Drupal";
          * a Drupal course entitled "Drupal 6" that is taught at a 
university;
          * a free Drupal seminar entitled "Creating websites with 
Drupal", organized by a local non-profit organization
      Example uses for which the license grant procedure must be 
followed:
          * a commercial website hosted under domain name 
"commonusesofdrupal.com";
          * a commercial course entitled "Drupal Newbies Course 
2009".
   3. The Drupal trademark is used in the title of a book, 
newsletter, video, magazine or similar instructional instrument 
regarding Drupal that does not suggest an "official link".
      Example titles for which you receive an automatic license:
          * "Drupal ninja secrets: the complete guide", "Monthly 
Drupal Bits", "Drupal in Depth", "Drupal Step by Step", "John 
Smith's Drupal 6 Installation Guide", "Illustrated Drupal Guide", 
"More effective ways to use Drupal", "Drupal Screenshot Guided 
Tour", "Beginning Drupal", "Drupal inside out", "Drupal for network 
professionals".
      Example titles for which the license grant procedure must be 
followed, because an "official link" may be suggested by the title 
(see B.1 below):
          * "Drupal 6", "Official Drupal Guide", "The Drupal 
Association's Book on Drupal".
   4. The Drupal trademark is used for the title of a camp or meet-
up.
      Examples: "Drupal Bootcamp 2009", "Annual Drupal Meeting", 
"Drupal Gathering New York", "DrupalCamp Antarctica".

      Note, however, that the license grant procedure must be used 
when the Drupal trademark is used in combination with the words 
"conference", "convention" or "association". See examples below.
   5. You want to display the official Drupal logo (whether for 
commercial or non-commercial use) in a standalone and unaltered 
form.
          * "Standalone" means that the Drupal logo is not part of 
another logo. For example, a local Spanish Drupal user group that 
would like to create a "Drupal Spain" logo by extending the word 
"Drupal" with the word "Spain" (in the same font and color), will 
not be entitled to an automatic license. "Unaltered" means that the 
Drupal logo cannot be changed in any way — e.g., by changing the 
color, by slightly altering the shape of the letters, etc.
          * Examples for which you receive an automatic license: 
creating a banner that displays the Drupal logo; using the Drupal 
logo on your (commercial or non-commercial) website; displaying the 
Drupal logo on product packaging; selling a t-shirt with the Drupal 
logo printed on the back.
   6. Your intended use qualifies as "nominative fair use" of the 
Drupal trademark, i.e., merely identifying that you are talking 
about Drupal in a text, without suggesting sponsorship or 
endorsement by Dries Buytaert or the Drupal Association.
      Examples:
          * describing a new Drupal release in a review;
          * referring to Drupal in a comprehensive overview of 
content management systems;
          * complaining in a blog about a missing feature in the 
Drupal software;
          * reporting about a Drupal conference on your personal 
homepage.
      The use of the Drupal trademark as part of the name of a 
function, procedure, variable name or similar source code component 
is also considered "nominative fair use" for which no license is 
required.
      Examples:
          * a procedure called drupal_add_link();
          * a constant called DRUPAL_AUTHENTICATED_RID;
          * a variable named $drupal_tag;
          * a set of source code files called drupal.module and 
drupal.js.

B. The license grant procedure must always be followed when you are 
in one or more of the following situations (even when you would 
also be in any of the situations under subsection A above)

   1. The use of the Drupal trademark suggests an "official link" 
between your product or service and Dries Buytaert / the Drupal 
Association (i.e., the product or service can be perceived as 
either emanating from Dries Buytaert / the Drupal Association, or 
being endorsed by Dries Buytaert / the Drupal Association).
      Examples:
          * a domain name "drupalofficialfaq.com";
          * a domain name "drupalsupport.nl";
          * a company called "Drupal Services Inc.";
          * a course entitled "Drupal Exams".
   2. The Drupal trademark is used in combination with the words 
"conference", "convention" or "association", as well as any 
translation, abbreviation or variation thereof.
      Examples: "drupalcon, "drupalconference", "Drupalconvention", 
"drupal con", "drupal conference", "Drupal Convention", "Drupal 
Association".
   3. The Drupal trademark is used as part of another registered 
trademark.
      Example: a trademark "Drupal Plugin Optimizer".
   4. The Drupal trademark is used as part of a "drupal.tld" domain 
name.
      Examples: "drupal.com", "drupal.info","drupal.co.uk".
   5. The Drupal trademark is used as part of a domain name that 
covers either an entire category of products or services that are 
relevant to the Drupal community, that covers an entire target 
group of Drupal users or that is otherwise too generic.
      Examples for which the license grant procedure must be 
followed: "drupal-design.com", "drupal-themes.co.uk", "drupal-
modules.com", "drupal-support.nl", "drupal-hosting.com", "drupal-
administrators.co.uk", "drupal-tshirts.com", "drupal-magazine.com", 
"mobiledrupal.com", "drupal-intranet.com", "drupal-services.com", 
"drupal-development.co.uk".
   6. The Drupal trademark is used in a domain name, title of a 
website, title of a seminar, title of a course or title of a 
software package that is not exclusively intended to foster the 
Drupal software, and this domain name or title does not also 
mention your trademark (or your trade name, name of your company, 
name of your organization, or name of your association).
      Examples:
          * when a "Drupal Course for New Administrators" is 
organized by a local Drupal community, the license grant procedure 
does not need to be used — even when a $600 registration fee would 
be requested — because the money earned is exclusively used to 
foster the Drupal software;
          * when the same course is organized by a commercial 
organization and not all of the profits earned are used to foster 
the Drupal software, the license grant procedure must be followed;
          * when the same course is organized by a commercial 
organization, but under the name of "Acme's Drupal Course for New 
Administrators", the license grant procedure does not need to be 
used, even when none of the profits earned are used to foster the 
Drupal software;
          * when a commercial organization "Acme" has a product 
called "Drupal River" that is not exclusively intended to foster 
Drupal software, the license grant procedure must be followed;
   7. The Drupal trademark is used as part of the name of a 
company, organization, trade name or association.
      Examples: a company named "Drupal, Inc.", "Drupal Experts 
GmbH" or "Drupal Support BV"; "Drupal Hosting LLC"; an organization 
called "Drupal Peru" or "Drupal User Group Germany".
   8. You want to use the official Drupal logo in altered form or 
as part of another logo.
   9. There is any doubt as to how this policy should be 
interpreted or applied to a specific case.

II. THE LICENSE GRANT PROCEDURE

In the license grant procedure, you must complete a form with your 
contact details and a description of the intended use of the Drupal 
trademark.

It may take a month or more for your application to be evaluated, 
and applications may be rejected for any reason (you may, however, 
reapply as often as you like). Furthermore, a license fee may be 
requested for any commercial use of the Drupal trademark.

Although licenses are granted at Dries Buytaert's sole discretion, 
and specific conditions or obligations may be imposed, the 
following factors will be taken into account during the license 
grant procedure:

   1. With respect to a Drupal-related product or service, it will 
be considered whether the product or service:
          * does not suggest an official link;
          * promotes or expands Drupal adoption and usage;
          * is not a fork of Drupal, and does not promote or 
encourage forks of Drupal;
          * is licensed in a way that is compatible with the Drupal 
open source license;
          * substantially strengthens and empowers the Drupal 
community;
          * is of a high quality in both form and function;
          * is created by significant contributors to the Drupal 
project;
          * is created by those with a track record of liberally 
"giving back" to their communities;
          * in the case of a domain name, does not create an unfair 
monopoly towards others because it spans a relevant category of 
services.
          * With respect to the name of a company, organization or 
association, it is considered whether:
          *
                o the name does not suggest an official link;
                o the company / organization or association is 
founded by significant contributors to the Drupal project, who have 
a track record of liberally "giving back" to their communities.

III. RULES OF USE

With the exception of the "nominative fair use" of the Drupal 
trademark, your use of the Drupal trademark is subject to the 
following rules (irrespective of whether you followed the license 
grant procedure or obtained an automatic license):

   1. Any use of the Drupal trademark implies acceptance of this 
policy.
   2. The Drupal trademark cannot be used for illegal, defamatory 
or humiliating purposes, or any other purpose that may negatively 
impact the Drupal software.
   3.
      Examples:
          * a Drupal fork entitled "A Better Drupal";
          * a domain name "drupal-is-worthless.com" (note, however, 
that merely mentioning or referring to the Drupal software — for 
example in a critical blog post - qualifies as "nominative fair 
use", to which the rules of use do not apply).
   4. The name of your company or organization should be used in 
combination with the Drupal trademark so that there can be no 
confusion about the true source (company, organization, association 
or author) of your product or service. The combination of the name 
of your product or service with the Drupal trademark must be unique 
and identifiable.
   5.
      Examples:
          * if your company is called "Acme", refer to your Drupal 
certification product as "Acme Drupal Certification" or "Drupal 
Certification by Acme" instead of "Drupal Certification"; or
          * if your company called "Acme" has a Drupal podcast, 
clearly refer to it as the "Acme Drupal Podcast", "Drupal Podcast 
provided by Acme" instead of just "Drupal Podcast";
          * if your company called "Acme" has a product or service 
called "Drupal River," clearly indicate that the "Drupal River is a 
product (or service) of Acme" so that there can be no confusion 
about the true source.
   6. The Drupal trademark should be accompanied by the following 
text (or an appropriate translation):

      "Drupal is a registered trademark of Dries Buytaert."

IV. OTHER LEGAL STUFF

   1. Any license granted under this policy, is legally granted as 
a sub-license by the company Dries Buytaert BVBA (company number 
0893.231.032), which is mandated by Dries Buytaert to evaluate the 
applications and assign sub-licenses of the Drupal trademark on 
behalf of Dries Buytaert.
   2. Any license granted under this policy can be terminated upon 
sixty (60) days prior written notice if you breach any provision of 
this policy. If your breach can be cured (and you have not 
previously breached this policy), you may be granted forty-five 
(45) days from the date of notice to cure the breach.
   3. All implicit or automatic permissions or licenses to use the 
Drupal trademark that were granted before the publication of the 
current version of this policy are revoked after a grace period of 
six (6) months (calculated as from the date of publication).
   4. This policy — as well as the accompanying website - may be 
changed at any time. You accept that all licenses accorded under 
this policy are non-exclusive, non-transferable, non-sub-
licensable, revocable at any time, and subject to changes in 
policy. Hence, changes in this policy may cause permissions to be 
revoked or made dependent on additional obligations.
   5. Any changes to this policy will enter into force sixty (60) 
days after publication on the licensing page of the Drupal website 
(http://drupal.com/trademark).
   6. If any provision of this policy would be found by any court 
or administrative body of competent jurisdiction to be invalid or 
unenforceable, the invalidity or unenforceable of such provision 
shall not affect the other provisions of this policy, so that all 
other provisions shall remain in full force and effect. In such 
case, the invalid or unenforceable provision shall be replaced by a 
valid or enforceable provision that achieves to the greatest extent 
possible the economic, legal and commercial objectives of the 
invalid or unenforceable provision.
   7. All disputes in connection with this policy or any permission 
granted by it will be submitted to the applicable Court of 
Brussels, Belgium. This policy is governed by the laws and 
regulations of Belgium.


-- Dries Buytaert, Owner of the Drupal Trademark

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