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Debian plans to release its newest version, Etch, in December, and wants Mozilla’s Firefox Web FF4.jpgbrowser to be part of the distribution. Mozilla, however, told Debian it couldn’t release the software without its accompanying artwork. Now a legal expert says that the existing distinctions between copyright and trademark laws should have prevented this from becoming an issue in the first place.

Larry Rosen, an attorney specializing in intellectual property protection and former general counsel for the Open Source Initiative, told NewsForge, "An open source copyright license can permit you to make any changes you want to certain software, or to make no changes at all. But a trademark license may also be needed before you can apply the original author’s trademarks to those changed or original works.

"I don’t think that this should be a debate. We merely have to understand that copyright and trademark involve entirely different rights. A license to one of those isn’t necessarily a license to the other."

Earlier this year, Mike Connor, a developer with Mozilla, submitted a bug report to Debian that stated that if Debian intend to call its browser Firefox, it would be required to include Firefox graphics as well, or should plan to find a new name for the browser.

Mozilla says its guidelines are clear: the use of the Firefox name is permitted only if accompanied by its logo, icons, and other artwork. Linux.com | Behind the Debian and Mozilla dispute over use of Firefox


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