[GitHub] isaacs commented on issue #1034: NETBEANS-1499 - change package.json icon

[GitBox <gi...@apache.org>]

isaacs commented on issue #1034: NETBEANS-1499 - change package.json icon
URL: https://github.com/apache/incubator-netbeans/pull/1034#issuecomment-453635682
 
 
   I'm a little bit confused by the questions here.  The logo is not "software", it's an image, and so there's a bit of a category error talking about what OSI license it uses.  The logo is not covered by Artistic 2.0.  IANAL, but I believe that even if it were covered under that license, it would cover the specific bits distributed (which you aren't using), not the design as such (which is a mark used in trade to refer to a specific entity).
   
   It's governed by trademark, and our trademark policy says in a nutshell, "all rights reserved", and thus may not be used without permission for anything other than nominative use or fair use (which are protected by law anyway).  It's certainly not Creative Commons.
   
   One could make the case that this is nominative use.  But you don't have to, because we've provided written permission.  I don't know how it can be more clear that you're allowed to use it than the trademark owner saying in writing that they give you permission, but maybe I'm missing something.

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