Logos etc

Jonathan Fine jfine2358 at gmail.com
Tue Nov 28 19:52:20 CET 2023


Hi Boris

My conclusion is that the answer is very definitely NO. At the very least,
including the logo in TeX Live will muddy the waters regarding the
protection of their valuable trademark (if indeed that is what it is).
Please note that I am not a lawyer.

I've done a bit of research. Please take a look at
https://www.amnesty.org.uk/website-terms-and-conditions.

Please also look at https://opensource.org/osd/
6. No Discrimination Against Fields of Endeavor
The license must not restrict anyone from making use of the program in a
specific field of endeavor. For example, it may not restrict the program
from being used in a business, or from being used for genetic research.

You quite clearly state that Amnesty are "are ok with including their
logo, as long it is not used for other publications." That is a most
reasonable condition, particularly for an organisation such as Amnesty. The
OSD Open Source Definition is also most reasonable.

If Amnesty wishes to use copyright to prevent other organisations,
including their human-rights opponents, from using the logo that is part of
their reports, then the logo should not be issued under an open source
license.

For comparison look at
https://softwareengineering.stackexchange.com/questions/199055/open-source-licenses-that-explicitly-prohibit-military-applications

There is presumably nothing wrong in providing a stub graphics file,
perhaps saying DRAFT, for use with the style file when the official logo is
for copyright reasons not available.

Boris, you have a loyalty to your client, the esteemed Amnesty
International. The convenience for you of putting the logo into TeX Live is
a conflict of interest with your professional loyalty to your client. Their
instruction very clearly is that the logo is not to be used for other
publications. Putting the logo in TeX Live, particularly if done with their
approval, would have consequences contrary to their explicit instruction.

The leading clauses in the Amnesty T+C are
8.4 The Content provided on the Sites is protected by Intellectual Property
owned by us or others.
8.5 Except as expressly permitted by these Terms, you may not copy,
download or distribute any Content from any of the Sites, other than Your
Content.

Also relevant are:
In 8.1.3 it prohibits reproduction of material that infringes the
Intellectual Property of anyone else.
In 18.1.5 it states that 'Content' includes logos.

The following page seems to give an implied license for the use of the
online logo (perhaps subject to the T+C) of the site. I'm sure they've made
that online logo available to ensure a uniformity of links to the Amnesty
website.
https://www.amnesty.org.uk/resources/amnesty-international-uk-logo

If Amnesty were told that a reputable site used that logo to link to a
different site, I'd expect Amnesty to be aggrieved. They might use
copyright to provide legal support for their grievance.

Please do keep up informed as to the outcome of this.

with kind regards

Jonathan
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