Comment by bundie
5 days ago
For the record, this is the argument ONLYOFFICE's lawyer is making:
- ONLYOFFICE is under AGPLv3 since 2016.
- AGPLv3 requires source disclosure, preserving the license, and keeping copyright notices.
- Section 7 lets ONLYOFFICE add conditions: keep the logo and no trademark use.
- You must follow all license terms, including these extra conditions, to legally use or distribute the software.
- Ignoring these conditions is a license breach and copyright infringement.
> You must follow all license terms, including these extra conditions, to legally use or distribute the software.
Good thing that the license says in section 7: “[…] When you convey a copy of a covered work, you may at your option remove any additional permissions [“terms that supplement the terms of this License by making exceptions from one or more of its conditions”] from that copy, or from any part of it. […]”
That clause doesn't apply because we're talking about an additional restriction, not an additional permission.
But, same result, because it also says:
> If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term.
A restriction stating "you must keep branding" can be ignored. What you can require, is attribution.
The license contains (section 7):
> [you may] supplement the terms of this License with terms: > >[...] > > b) Requiring preservation of specified reasonable legal notices or > author attributions in that material or in the Appropriate Legal > Notices displayed by works containing it; or > > c) Prohibiting misrepresentation of the origin of that material, or > requiring that modified versions of such material be marked in > reasonable ways as different from the original version; or > > d) Limiting the use for publicity purposes of names of licensors or > authors of the material; or > > e) Declining to grant rights under trademark law for use of some > trade names, trademarks, or service marks;
So the requirement of branding and attribution aren't "further restriction" (which, in this context, means a restriction that is not in the AGPLv3 license text). It's after section 7's list of allowed restrictions, which, paragraph b, contains "require preservation of [...] legal notices or [...] attributions", paragraph d is made to prevent misuse of the original author reputation, and paragraph e to prevent misuse of trademarks, so they, IMHO, are all legitimate.
2 replies →
Their lawyer is right about everything except:
> - Section 7 lets ONLYOFFICE add conditions: keep the logo and no trademark use.
Section 7 allows you to add permissions, but it prohibits any restrictions beyond the options listed in section 7.
That's true. And, in my understanding, what OO did, falls exactly in paragraph b and d. The license doesn't describe what is the "Appropriate Legal Notices" and OO provided a description for it: its logo and its trademark.
No, logos and trademarks are neither "legal notices" nor "author attributions". It's simply not what those words mean. A "legal notice" is some sort of legally relevant document. An "author attribution" is a plaintext recognition of the original copyright holder.
If you look at the repo, it looks like the did fail to include author attributions, as far as I can see. The source files need to say they were originally written by OO. That's what author attribution means.
https://en.wikipedia.org/wiki/Attribution_(copyright)
https://en.wikipedia.org/wiki/Notice