Re: MAME emulator is giving incentive to use non-free software

[Jean Louis]

Hello Ludo,

Please understand, I have nothing personal against you and your work, I
appreciate it much, to make functional operating system and future is
bright, as people will tend to use Guix and GuixSD for the features it
offers.

There shall be somebody checking the issues before the package is
included. That is my opinion, of course you do as you wish.

Process should be like this:

- does the package use free software license as specified by FSF?
- if yes, does it use any trademarks?
- if yes, does the trademark owner explicitly says in the package that
  trademark may be used in compatible manner with the license?
- if it cannot be used in compatible manner with the license, trademark
  shall be removed or otherwise handled.

Above is for trademarks that belong to software owners. But there is one
more important question when deciding on package inclusions:

- does the package includes well known third party trademarks, that
  don't belong to the sofware author? This is more dangerous than the
  trademarks that belong to software owner, although respect shall be
  given to both in equal manner IMHO.

With the trademark one can take down all the distribution from the
website, at least temporarily. One is open to attacks.

Did you see how NPM reacted, they reacted wrongly to simple accusation,
but in their case, there was no trademark infringement, it was just
warning. And they over-reacted. In my opinion, there was no trademark
infringement with the KIK Interactive. It was lack of knowledge on NPM
side. 

Read here:
https://en.wikipedia.org/wiki/Trademark_infringement

Trademark has different classes. For example, cooking would be different
from tyre sales. I could call my cooking recipes or business MIRKADO® if
I wish, while tyre sales could call them MIRKADO® if they wish. That is
not infringing, unless the trademark is well known by special
convention. For example, one cannot open a business for car sales and
name it Coca-Cola, it would not work, as trademark is well known (with
exceptions of some countries if they don't follow the convention).

Definition of infringement:

Trademark infringement is a violation of the exclusive rights attached
to a trademark without the authorization of the trademark owner or any
licensees (provided that such authorization was within the scope of the
licence). Infringement may occur when one party, the "infringer", uses a
trademark which is identical or confusingly similar to a trademark owned
by another party, in relation to products or services which are
identical or similar to the products or services which the registration
covers.

And the Nintendo emulator in GuixSD is clearly:

- using Nintendo trademark, making it non-free, as users cannot just
legally copy GuixSD and give to others. Whole distribution is infected
with it, as the package definition uses the trademark and in the source
there appears "Nintendo" too.

- the trademark is used in the relation to products or services which
are identical or similar to the products or services which the
registration covers. That applies.

These both cases applies to packages of Nintendo, and to the intended
package of MAME.

That is for your consideration. I am sharing my knowledge and experience
with you.

Jean Louis