[scribus-dev] Fwd: [CREATE] [Fwd: Re: FW: Licensee Application]

Sat Jan 31 19:35:31 CET 2009

Hi Scribussors!

I take the liberty of sending this email to the scribus-devs list as I think
the whole discussion here is of interest.

Louis

---------- Forwarded message ----------
From: Dave Neary <dneary at free.fr>
Date: 2009/1/26
Subject: [CREATE] [Fwd: Re: FW: Licensee Application]
To: Create ML <create at lists.freedesktop.org>

Hi all,

Here's the exchange I had with Pantone back in the day. It's pretty
clear what Ms. Theuerkauf's position on it is.

Cheers,
Dave.

--
Dave Neary
dneary at free.fr
Tel: +33 9 51 13 46 45
Cell: +33 6 77 01 92 13

 Dear David:

Thank you for your email follow up and for your inquiry.  Please be aware
that I have consulted with executives at the company and unfortunately, we
do not know of a way in which we can work together.  "Open source software"
is not a venue in which Pantone, Inc. will permit its intellectual property
to be licensed, referenced and/or disseminated.  Let me attempt to further
explain.

The copyrighted material, which we own, is beyond a "spreadsheet" as you
previously described.  The PANTONE MATCHING SYSTEM which includes the
organizational scheme of colors, numbers and names is a*
registered*copyrighted work and the copying or other unauthorized use
of such work by
any person with no permission, is considered a violation of Pantone's IP
rights.  Note that any form of the above work, whether printed, computer
generated or other is protected by such copyrights.  Additionally, PANTONE,
PMS as well as other marks are the exclusive property of Pantone, Inc., and
again cannot be used without permission.

You might not be aware that Pantone does not only sell color guides and
color specification products, but also conducts active licensing programs
which are a substantial part of its business whereby our copyrighted
Systems, the associated intellectual property and trademarks are provided,
under license, to many software and color output device developers subject
to payment of royalties.  Additionally, it is a common misperception that
Pantone sells inks while in fact printing press inks are sold via our
licensed partners.

Accordingly, please be reminded that your firm is not authorized to use any
PANTONE Trademarks, copyrights and/or other intellectual property in
connection with any of your products or services unless a formal license
agreement is entered into between our companies.

Finally, feel free to contact us again if you would like to require about
our licensing programs under the above-mentioned conditions.

We look forward to receiving your confirmation.

Best regards,

Judy Theuerkauf
Licensing Project Manager
Pantone, Inc.
590 Commerce Boulevard
Carlstadt, NJ  07072-3098
Phone:  (201) 935-5500 extension 2140
Fax:  (201) 896-0242
E-mail:  *jtheuerkauf at pantone.com* <jtheuerkauf at pantone.com>

PANTONE(R) and other Pantone, Inc. trademarks are the property of Pantone,
Inc.

This E-mail, and any attachments thereto, is intended only for use by the
addressee(s) named herein and may contain proprietary, legally privileged,
confidential or copyrighted information under applicable law. If you are not
the intended recipient of this E-mail, you are hereby notified that any use
of, reliance on, disclosure, dissemination, distribution or copying of this
e-mail, and any attachments thereto, in whole or in part, is strictly
prohibited. If you have received this E-mail in error, please immediately
notify me at (201) 935-5500, or by return E-mail and permanently delete the
original and any copy of any E-mail and any printout thereof.

This E-mail does not reflect an intention by the sender or principal to
conduct a transaction or make any agreement by electronic means. Nothing
contained in this message or in any attachment shall satisfy the
requirements for a writing, and nothing contained herein shall constitute a
contract or electronic signature under the Electronic Signatures in Global
and National Commerce Act, any version of the Uniform Electronic
Transactions Act or any other statute governing electronic transactions.

The reliability of this method of communication cannot be guaranteed. It can
be intercepted, corrupted, delayed, may arrive incomplete, contain viruses
or be affected by other interference. We have taken reasonable steps to
reduce risks against viruses but cannot accept liability for any damage
sustained as a result of this transmission.

-----Original Message-----
From: David Neary [*mailto:dneary at free.fr* <dneary at free.fr>]
Sent: Tuesday, May 23, 2006 3:48 PM
To: THEUERKAUF, JUDY
Subject: Re: FW: Licensee Application

Hi Judy,

I would like to explore and discuss ways we can work together. As you say,
we would like to include your trademark(s), trade names and (if there is any
involved) copyrighted material (although I was under the impression that
Pantone colours were essentially a mapping of names colours to RGB values,
and that the names were what was important, thus I'm not sure what your
copyrighted material would be).

As you are perhaps aware, free software (also known as open source
software) is becoming widespread, and is fast gaining a reputation as
capable of competing with commercial alternatives. We would like to respond
to the needs of our users and provide this functionality.

Given that the core activity of Pantone is selling ink and swatch books, it
seems in your best interests to have as many Pantone-capable graphics
programmes on the market as possible.

I would like to point out that a trademark agreement with the GIMP
developers would not be transferable - you would have one neck to grab, not
an uncontrollable Medusa. The One True GIMP would have the right to use the
Pantone trademarks, but we would obviously not have the right to transfer
the right to distribute trademarked material to forks of the GIMP - only the
unmodified GIMP would contain Pantone trademarks.

If there is Copyrighted material involved, then we would require that
material to be released under a GPL compatible licence (there are many), but
as I said previously, it appears to me that the only copyrighted material is
a spreadsheet containing the names of colours and their RGB values.

I understand if your hands are tied. If that's the case, would it be
possible for me to discuss this with someone else, higher up the chain?

I realise that this is a weird request for you, but I would really like to
work this out.

Cheers,
Dave.

THEUERKAUF, JUDY wrote:
> Dear Mr. Neary:
>
> Thank you for your quick email response.
>
> We appreciate your interest in our products and services.
>
> We understand that it is your intention to distribute your software
> (incorporating our Intellectual Property (IP)) free-of-charge to third
> parties, who in turn will incorporate same into their own products for
> sale or other disposition.  First, be advised that a licensing
> arrangement with us is subject to payment of royalties_ on every unit
> sold and/or otherwise delivered/downloaded free-of-charge to/by any
> third party_.  Second, and more importantly, we license our IP_
> directly to software manufacturers and publishers for incorporation
> into products which are then being sold* to end users* and not used as a
component in
> other parties products_.   In other words, we do not allow our licensees
> to freely assign our IP to anyone for use as a component in such party's
> products.   If such party would like to use our IP it will have to enter
> into a separate licensing arrangement directly with us.
>
> Based on the above, unfortunately we do not see how we can work together.
>
> We would like to remind you that unless your firm is a PANTONE
> Licensee, your firm is not permitted to use the PANTONE Trademarks,
> copyrights or trade names and other intellectual property within or in
> conjunction with your software product.
>
> Please confirm that your firm will not be moving forward and you will
> not be reference PANTONE Trademarks, Copyrights and/or other
> intellectual property within your product offering so that we may
> close out our files.
>
> Again, thank you for your inquiry.
>
> Best regards,
>
> Judy Theuerkauf
> Licensing Project Manager
> Pantone, Inc.
> 590 Commerce Boulevard
> Carlstadt, NJ  07072-3098
> Phone:  (201) 935-5500 extension 2140
> Fax:  (201) 896-0242
> E-mail:  _jtheuerkauf at pantone.com_ <*mailto:jtheuerkauf at pantone.com*<jtheuerkauf at pantone.com>
>
>
> PANTONE(R) and other Pantone, Inc. trademarks are the property of
> Pantone, Inc.
>
> -----Original Message-----
> From: Dave Neary [_mailto:dneary at free.fr_ <dneary at free.fr_>]
> Sent: Monday, May 22, 2006 11:16 AM
> To: THEUERKAUF, JUDY
> Subject: Re: FW: Licensee Application
>
>
> Hi Judy,
>
> I am a core developer of a free software graphics application, the GIMP.
> We are quite developer, and have been around for a while. We're
> currently working on more advanced colorspace features, and would like
> to include support for spot colours soon, including Pantone support.
>
> The programme is released under the GPL, and is freely downloadable
> from _http://www.gimp.org_ - there are versions for Windows, GNU/Linux
> (and most unix) and Mac OSX. Being available under the GPL, the source
> code of the application is also available for download.
>
> Cheers,
> Dave.
>
> THEUERKAUF, JUDY wrote:
>> Thank you for partially completing and submitting the Licensee
>> Application form on the Pantone Web site.  More information is
>> required to assist you.
>>
>> Please provide us with additional details about your inquiry.
>>
>> Please explain:
>>
>>   + the products and/or services you offer.
>>
>>   + how you would like to work with Pantone.
>>
>>   + the means in which you distribute/sell/market your product and/or
>> services.
>>
>> Note that Pantone, Inc. licenses are held directly by the application
>> developer/publisher.  We do not license application development tool
>> vendors.
>>
>> We appreciate your interest in working with Pantone and look forward
>> to hearing back from you.
>>
>> Best regards,
>>
>> Judy Theuerkauf
>> Licensing Project Manager
>> Pantone, Inc.
>> 590 Commerce Boulevard
>> Carlstadt, NJ 07072-3098
>> Phone: (201) 935-5500 extension 2140
>> Fax: (201) 896-0242
>> E-mail: jtheuerkauf at pantone.com
>>
>>
>> This E-mail, and any attachments thereto, is intended only for use by
>> the addressee(s) named herein and may contain proprietary, legally
>> privileged, confidential or copyrighted information under applicable
>> law. If you are not the intended recipient of this E-mail, you are
>> hereby notified that any use of, reliance on, disclosure,
>> dissemination, distribution or copying of this e-mail, and any
>> attachments thereto, in whole or in part, is strictly prohibited. If
>> you have received this E-mail in error, please immediately notify me
>> at (201) 935-5500, or by return E-mail and permanently delete the
>> original and any copy of any E-mail and any printout thereof.
>>
>> This E-mail does not reflect an intention by the sender or principal
>> to conduct a transaction or make any agreement by electronic means.
>> Nothing contained in this message or in any attachment shall satisfy
>> the requirements for a writing, and nothing contained herein shall
>> constitute a contract or electronic signature under the Electronic
>> Signatures in Global and National Commerce Act, any version of the
>> Uniform Electronic Transactions Act or any other statute governing
>> electronic transactions.
>>
>> The reliability of this method of communication cannot be guaranteed.
>> It can be intercepted, corrupted, delayed, may arrive incomplete,
>> contain viruses or be affected by other interference. We have taken
>> reasonable steps to reduce risks against viruses but cannot accept
>> liability for any damage sustained as a result of this transmission.
>>
>> The views expressed here may be personal and are not necessarily the
>> views of Pantone, Inc.
>>
>> PANTONE(r) and other Pantone, Inc. trademarks are the property of
>> Pantone, Inc.
>>
>>
>> ________________________________
>>
>> From: dneary at free.fr [_mailto:dneary at free.fr_ <dneary at free.fr_>]
>> Sent: Friday, May 19, 2006 4:44 AM
>> To: KENWORTHY, CLIFF (PAN UK)
>> Subject: Licensee Application
>>
>>
>> Licensee request received:
>>
>> Company Name: The GNOME Foundation
>> First Name:
>> Last Name:
>> Address 1:
>> Address 2:
>> City: Lyon
>> State: n/a
>> Zip Code: 69003
>> Phone: +33 677 019 213
>> Country: France
>>
>> Software Application: - Graphic arts design - Photo/Imaging Color
>> Output Devices:
>> Equipment: -
>> Ink Manufacturer:
>> Raw Materials:
>> Consumer Goods:
>> Other:
>>
>>
>
> --
> David Neary
> bolsh at gimp.org
>
>
>

-- 
Dave Neary
bolsh at gimp.org
Lyon, France

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