Re: GPL violation related to Org by priprietary app (was: Best android app)

[Tim Cross]

Ihor Radchenko <yantar92@posteo.net> writes:

> Jean Louis <bugs@gnu.support> writes:
>
>>> If it is true, could you please provide links to legal basis on from
>>> GPL's and Swedish law's points of view?
>>
>> In my opinion the term "Org Mode" is collective trademark:
>>
>> Trademark FAQs | USPTO:
>> https://www.uspto.gov/learning-and-resources/trademark-faqs#type-browse-faqs_1934
>> valid only for US jurisdiction.
>>
>> Trademarks need not be registered, especially when it is clear who was
>> first using it, there is no doubt that Org Mode is term used to
>> promote software and software is commercial subject.
>>
>> Those who started using first "Org Mode", like author or whoever is
>> assigned to it, are free to tell to the website, to stop using it, or
>> demand part of their profits in Sweden.
>
> If GPL is not violated I see no reason for current Org maintainers to
> bother. I'd better focus on improving Org rather than trying to engage
> into legal complexities.

Even if it was violated, this is not something the maintainers are
empowered to act on anyway. Org mode is part of Emacs and the FSF owns
the copyright. If there is any GPL violation, the FSF has a whole legal
team which deal with such matters. It certainly isn't something
maintainers or arm chair lawyers are able to address.

Also, based on my limited legal experience and past dealings with
trademarks, copyright and licenses, I don't think there has been either
a GPL license violation or a trade mark violation.  However, if someone
believes differently, they should refer the matter to the FSF legal
office.