Introduction to Free Software - SELF | Sharing Knowledge about ...

© FUOC • P07/M2101/02709 45 Free Software
3.1.4. Registered trademarks and logos
Trademarks and logos are names and symbols that represent an established
quality (or a massive investment in publicity). They are not very important
in the world of free software, possibly because registering them has a cost.
Therefore, just a few important names such as Open Source (by the Open
Source Foundation), Debian (by Software in the Public Interest), GNOME
(by the GNOME Foundation), GNU (by the Free Software Foundation) or
OpenOffice.org (by SUN Microsystems) are registered, and only in a few coun-
tries. However, not registering the names has caused problems. For example,
in the US (1996) and in Korea (1997) people have registered the name Linux
and demanded payment for its use. Resolving these disputes entails legal costs
and the need to prove the use of the name prior to the date of registration.
3.2. Free software licences
Legally speaking, the situation of free programs in relation to private ones is
not very different: they are both distributed under a licence. The difference
lies in what the licence allows. In the case of free program licences, which do
not restrict particularly their use, redistribution and modification, what can be
imposed are conditions that need to be met precisely in the case of wanting to
redistribute the program. For example, it is possible to demand observation of
authorship indications or to include the source code if wanting to redistribute
the program ready to run.
Although essentially free software and private software differ in terms of the
licence under which the authors publish their programs, it is important to
emphasise that this distinction is reflected in completely different conditions
of use and redistribution. As we have seen in the last few years, this has not
only given rise to totally different methods of development, but also to prac-
tically opposite ways (in many aspects) of understanding IT.
The laws on intellectual property ensure that in the absence of explicit per-
mission virtually nothing can be done with a work (in our case, a program) re-
ceived or purchased. Only the author (or the holder of the rights to the work)
can grant us that permission. In any case, ownership of the work does not
change by granting a licence, since this does not entail transfer of ownership,
but rather just the right of use, and in some cases (obligatory with free softwa-
re), of distribution and modification. Free software licences are different from
private software licences precisely in that instead of carefully restricting what
is allowed, it makes certain explicit allowances. When somebody receives a
free program they may redistribute it or not, but if they do redistribute it, they
can only do so because the licence allows it. But to do so the licence must be
observed. Indeed, the licence contains the rules of use that users, distributors,
integrators and all other parties involved in the world of IT must observe.