[lorenzhs]

No, because Canonical's requirements go beyond trademark law, which has a notion of non-infringing use. Canonical use copyright law to force you to remove every mention of any of their trademarks, and have publicly stated that there is no tool that can remove all such references and you basically always have to ask for permission (see Mark Shuttleworth's comment, which was linked elsewhere in this discussion). That certainly doesn't meet the requirements of free software.

[vacri]

Point me to the bit in the Canonical IP policy, not the bit in MJG's opinion, which goes beyond trademark law.

https://www.ubuntu.com/legal/terms-and-policies/intellectual...

The relevant stanza is "IF you associate with the trademarks THEN you need approval and certification. OTHERWISE just remove the trademarks. IF you need that approval and certification, THEN you need licensing".

Where does it go beyond trademark law? They even later on explicitly state you can parody them, just don't suggest endorsement without a license.

> see Mark Shuttleworth's comment, which was linked elsewhere in this discussion

The only link of Shuttleworth's in this thread is: https://lists.ubuntu.com/archives/technical-board/2015-Novem...

In that link, nowhere does he say "there is no tool". He says that Canonical is not going to do the ongoing work required. Nothing is stopping someone else from making the tool and keeping it up to date. He does say that there is no work that will change Ubuntu's position on derivatives.

He does give a 'boiled down' summary, which you're taking out of context. As someone talking about licenses should know, 'summaries' don't count, only the actual wording does. He's made a comment on a mailing list, not a formal presentation of policy.

[lorenzhs]

Gladly: Any redistribution of modified versions of Ubuntu must be approved, certified or provided by Canonical if you are going to associate it with the Trademarks. Otherwise you must remove and replace the Trademarks and will need to recompile the source code to create your own binaries.

This means that if you don't associate it with the trademarks, you have to remove and replace the trademarks AND recompile the source. Note that this covers any use of the trademarks, not just infringing ones. You gloss over that case as "just remove the trademark", but trademark law doesn't require that if the use isn't infringing. So Canonical are using copyright law to prevent non-infringing uses of their trademarks.

[fredgrott]

no, in fact it does not go beyond trademark law..ask a trademark lawyer dude..

[lorenzhs]

While I cannot claim personal experience in trademark law, the US Patent and Trademark Office's website is pretty clear here. Quoting from https://www.uspto.gov/page/about-trademark-infringement:

> To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the parties' marks.

Note the last bit, "is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered". Canonical's IP policy requires removal of all mentions of the trademark, even if they do not meet these requirements.