KDE Apps name trademarks

[Frederico Goncalves Guimaraes]

Hi,

Em quinta-feira, 9 de julho de 2020, às 14:18:58 -03, Nate Graham escreveu:
> On 7/9/20 9:42 AM, Michael Reeves wrote:
> > As current  maintainer of kdiff3 I would oppose trade mark enforce ment.
> > Unless we have clear proof this is an altered version. I am perpared to
> > push out my own free download if noone in this community wants the job.
> > That will end the current problem quite nicely.
> 
> Thanks Michael! That seems like a good path forward.

I do agree with Michael. And maybe there is a way take that software away from 
Microsoft Store. It includes a "Terms of transaction" document as "Additional 
terms". This part is interesting:

===
Terms Relating to the Sale of Products AND SERVICES to You
 
5. Geographic Availability. Product availability may vary depending on your 
region or device. In addition, there may be limits on where we can ship goods, 
or provide services or digital content. To complete your purchase, you may be 
required to have a valid billing and shipping address within the country or 
region of the Store where you are purchasing.
 
6. End Users Only. You must be an end user to purchase products from the 
Store. Resellers are not eligible to purchase.
===

As far as I know this is against GPL, because it restrict access and 
distribution of the software.

And if we go a little more below we have this:

===
12. Software Licenses and Use Rights. Software and other digital content made 
available through the Stores are licensed, not sold, to you. Applications 
downloaded directly from the Store are subject to the Standard Application 
License Terms (“SALT”) available at [https://go.microsoft.com/fwlink/p/?
linkid=838610&clcid=0x0809], unless different license terms are provided with 
the application (applications downloaded from the Office Store are not 
governed by the SALT and have separate license terms). Software licenses 
purchased at the Microsoft Retail Store are subject to the license agreement 
that accompanies the software, and you will be required to agree to the 
license agreement when you purchase, download and/or install the software. In 
addition, software and other digital content made available through the Store 
are subject to the usage rules located at http://go.microsoft.com/fwlink/p/?
LinkId=723143. Any reproduction or redistribution of software or merchandise 
not in accordance with the relevant license terms, usage rules, and applicable 
law is expressly prohibited and may result in severe civil and criminal 
penalties. Violators risk prosecution to the maximum extent of the law.
===

Since the uploader didn't define a licence in software overview, it will be 
automatically licensed under this SALT (really a good name) terms. And this is 
a clear infringement of GPL.

Wouldn't this be sufficient to help us?

Best,


Frederico
-- 
Linux User #228171
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