[HN Gopher] Rust Trademark Policy Updates
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       Rust Trademark Policy Updates
        
       Author : PeterWhittaker
       Score  : 48 points
       Date   : 2024-11-10 18:05 UTC (4 hours ago)
        
 (HTM) web link (foundation.rust-lang.org)
 (TXT) w3m dump (foundation.rust-lang.org)
        
       | 01HNNWZ0MV43FF wrote:
       | > The crates prefixes "rust-" and "cargo-" are no longer reserved
       | to the Rust Project.
       | 
       | Gosh they really should have used namespaces, huh.
        
         | melony wrote:
         | There's nothing stopping them from just adding the feature like
         | npm.
        
           | dathinab wrote:
           | There are plans to add namespaces AFIK, they are just quite
           | early stage.
           | 
           | Through for a long time (part of rust developers) haven't
           | been very happy with the idea. a stuff like `abcde/bar` vs.
           | `abcbe/bar` are a total pain. But there where two points
           | which pushed things in the direction of having them. 1)
           | Differentiating between 1st and 3rd party extensions of a
           | project (e.g. is actix-XXXX "blessed" by actix or not) 2)
           | companies want this for a bunch of reasons.
        
       | nindalf wrote:
       | This subject is a touchy one because it usually attracts a lot of
       | people who are upset because they think they've lost something
       | they had. A lot of those comments start with "I'm not a lawyer
       | but ..."
       | 
       | Then all of these upset people writing angry comments creates an
       | impression of drama. Then reaction streamers on YouTube read
       | these comments out and get their viewers riled up over a non
       | issue. That's when the real drama starts.
       | 
       | I'd urge people to remember that this policy is very similar to
       | the Python Foundation. If Rust is doomed to be only as successful
       | as Python that's not a terrible outcome.
        
         | jchw wrote:
         | Oh, Rust will _definitely_ not fail _because_ of trademark
         | policies like this, anymore than Python succeeded _because_ of
         | trademark policies. In fact I think it 's literally the
         | opposite; seeing policies like this being set up is a sign that
         | the project is wildly successful. I suspect Guido van Rossum
         | was not worried about uses of the non-existent Python trademark
         | in the late 80s.
         | 
         | The Rust foundation would have a hard time destroying Rust's
         | momentum even if they wanted to.
        
           | nindalf wrote:
           | You've misread my comment.
           | 
           | I definitely think this policy is a step in the right
           | direction.
           | 
           | My reference to python is a response to people claiming that
           | rust will fail because of this trademark policy. If Python
           | didn't fail because of their similar policy, then Rust won't
           | either.
        
             | jchw wrote:
             | I didn't misread your comment: I'm not really concerned
             | with whether or not the policy is considered a step in the
             | right direction or not, just suggesting that it really
             | doesn't matter at all to the success or failure of Rust.
             | 
             | Furthermore, Python is a pretty bad example. The Python
             | Software Foundation has had multiple high-profile instances
             | of reasonable outcry. See: DjangoCon Africa, or the banning
             | of Tim Peters. The Python Software Foundation exists
             | because of the tremendous success of Python, not because of
             | the tremendous success of their policies.
        
               | nindalf wrote:
               | Yeah I read your top level comment complaining about a
               | "power grab". You're welcome to get worked up over a non
               | issue. I won't spend any time convincing you otherwise.
        
               | jchw wrote:
               | Convince me of what?
               | 
               | What's the point of a reply like this?
        
         | johnnyanmac wrote:
         | we're not on reddit. I see nothing like what you're talking
         | about here.
         | 
         | Like most legalese CYA, the rules sound fine as long as they
         | don''t use it to copyright troll everything under the sun. So
         | it's more on how/where Rust enforces this than on the rules
         | themselves. Those who profit from drama will find drama no
         | matter what, so their opinions aren't worth consideration.
        
           | nindalf wrote:
           | Obviously I was talking about previous threads on this
           | subject.
           | 
           | Check out this one
           | (https://news.ycombinator.com/item?id=35583089) which is
           | summarised by the top comment
           | 
           | > This whole thread went to hell. There's like 2-3 people
           | that are really vested about this situation and have made
           | posts, and articles elsewhere that make their viewpoints seem
           | bigger. Also the biggest comment thread is about a gun rights
           | tangent. GG.
           | 
           | Are you convinced now? Or do you still stand by your "we're
           | not on reddit"?
        
             | johnnyanmac wrote:
             | I apologize for missing a thread from 18 months ago.
             | 
             | >Are you convinced now? Or do you still stand by your
             | "we're not on reddit"?
             | 
             | I still stand by it. Even taking that comment at face value
             | it's saying that it's a matter of 2-3 people who fit my
             | description of "they are incentivized to cause drama". I am
             | a bit saddened that so many "took the bait" (the blog post
             | that post links to really didn't offer much insight nor
             | curiosity), but no forum will be perfect.
        
         | toast0 wrote:
         | Having a written, easily found, trademark policy is actually
         | nice. Especially when it's reasonable.
         | 
         | There's plenty of drama around, but I don't really see this
         | kind of trademark policy sparking much. But, maybe I
         | misunderestimate the drama seekers.
        
       | jchw wrote:
       | Most interesting bit to me is this.
       | 
       | > Using the Rust trademarks for social and small non-profit
       | events like meetups, tutorials, and the like is allowed for
       | events that are free to attend. Your materials for the event must
       | not imply that the event is officially endorsed or run by the
       | Rust Project or Rust Foundation unless you have written
       | permission. For commercial events (including sponsored ones),
       | please check in with us.
       | 
       | It sort of reminds me of Nintendo's awkward rules for community-
       | ran tournaments of their games (which, well, pretty much make it
       | impossible to do sustainably.)
       | 
       | I see their point (someone might mistake something called e.g.
       | "New York Rust Conference" for being official) but using
       | trademark to enforce rules on unofficial events is an interesting
       | maneuver that seems to me to be relatively recent.
       | 
       | Go's trademark policy has a similar looking rule:
       | 
       | > The Go word mark may be used referentially in events, community
       | groups, or other gatherings related to the programming language,
       | but it may not be used in a manner that implies official status
       | or endorsement.
       | 
       | At this point, it sounds more permissive: seems like it blanket
       | allows uses to just refer to it if it's clear that it's not
       | official.
       | 
       | > [...] Events and community groups may be subject to the Go
       | programming language's Code of Conduct, and violations of the
       | Code of Conduct may be deemed incompatible with use of the Go
       | Trademarks.
       | 
       | But then there's this, which seems to imply that your ability to
       | use the Go trademark in reference to Go in a way that doesn't
       | make your event sound official still obligates you to adhere to
       | their Code of Conduct when conducting your event.
       | 
       | So it seems like this is a new part of the metagame.
       | 
       | I've not paid attention to policies like these. Could someone
       | with more experience help me understand the context here?
       | Specifically:
       | 
       | - Is this a new tactic, at least in terms of open source
       | communities? It seems like it _to me_. In ~2010 it felt like open
       | source was more fork-happy, ad-hoc and less governance-oriented,
       | but now every other project has corporate backing, multiple
       | committees, Code of Conducts, etc. Is the use of trademark and
       | brand rules to exercise some control over the ecosystem new? Did
       | someone pioneer it?
       | 
       | - Also, is there an inspiration for this tactic? e.g. is it
       | inspired by a specific incident or state of affairs? Have these
       | rules actually ever been used to do anything?
       | 
       | I'm guessing the real answer is that they just don't want to
       | explicitly give up the ability to exercise these rules, but I'm
       | not sure and I don't know how to look.
       | 
       | Either way, it's interesting to see committees and foundations
       | going for these sorts of power grabs. It doesn't look like this
       | is the case for _all_ programming languages which have trademarks
       | owned by some entity; C++ has a trademark policy, but it doesn 't
       | seem to have any restrictions regarding uses of the name that
       | don't imply direct affiliation.
        
         | the_mitsuhiko wrote:
         | > - Is this a new tactic, at least in terms of open source
         | communities
         | 
         | Large open source projects have trademarks since forever.
         | Nothing seems particularly novel here.
        
           | jchw wrote:
           | That's not a fair characterization. Large open source
           | projects haven't even existed forever! And none of the
           | obvious large open source projects from the earlier days
           | started out having foundations or trademarks. Clearly, it had
           | to have a genesis somewhere.
        
             | II2II wrote:
             | I don't know if this is the genesis, but the first time
             | this came to my attention was with Linux. Basically: a
             | third-party trademarked Linux several years after the
             | project's origin, then started going after companies that
             | were distributing Linux. Legal battle ensued. Linus
             | Torvalds was eventually assigned the trademark. Innocence
             | lost.
             | 
             | Trademarks likely existed for (what we would now call) open
             | source software prior to that, but I think Linux was a
             | turning point since it meant that community (rather than
             | commercial) software now had to consider such prospects.
        
         | pessimizer wrote:
         | > Either way, it's interesting to see committees and
         | foundations going for these sorts of power grabs.
         | 
         | I really hate thinking of this sort of stuff as a power grab.
         | Unlike copyright, trademarks are something that is useful for
         | the consumer/user. I want to know whether something is official
         | or not, and throwing a trademark around ruins that.
         | 
         | For uses of trademarks that make it clear that they are not
         | official uses, it doesn't even matter what the trademark
         | owner's policy is because they don't have a legal leg to stand
         | on. People have the right to refer to you no matter what you
         | think. That being said, when you're _not_ talking about FOSS
         | stuff, people have the right to pull your licensing if you don
         | 't abide by their policies. But when it's FOSS, there's nothing
         | they can do about it.
         | 
         | There is nothing to any of these FOSS foundations _other_ than
         | their trademarks. They exist to decide what they approve of and
         | what they disapprove of, and allowing the mark is how they make
         | that clear. You can fork everything that they have, change
         | "Rust" to "Bust," register the "Bust Foundation," and name
         | yourself president, all in the same day. The Bust Foundation
         | will be no less legitimately a steward of the code than the
         | Rust Foundation. But I'll be sticking with the Rust Foundation,
         | at least for now, and the mark helps me do that.
        
           | jchw wrote:
           | It sounds like a powergrab to me, but there's some nuance to
           | it. Look at it this way:
           | 
           | > Your materials for the event must not imply that the event
           | is officially endorsed or run by the Rust Project or Rust
           | Foundation unless you have written permission.
           | 
           | You can't imply an event is official without permission. Very
           | reasonable. Not a powergrab. This is the same sort of thing
           | that Firefox does to prevent modified versions of Firefox
           | from being called Firefox.
           | 
           | > For commercial events (including sponsored ones), please
           | check in with us.
           | 
           | But then there's this. This implies that there are extra
           | rules for an event that is "commercial" _even if_ it does not
           | try to pretend to be an official event; merely using the
           | trademark and being a commercial event would compel you to
           | adhere to some other set of rules, which they didn 't even
           | write in the policy.
           | 
           | On its face, that doesn't sound unreasonable, but I imagine
           | the net cast over what counts as "commercial events" probably
           | makes very few reasonable events possible that wouldn't fall
           | under this umbrella.
           | 
           | It's an interesting choice in my opinion.
        
         | II2II wrote:
         | I'm going to go out on a limb and suggest that this has more to
         | do with grifters and griefers than it does about power. Those
         | are people who have the potential to create a lot of expensive
         | headaches or public relations headaches for the organizations
         | supporting their respective languages since the grifters and
         | griefers are only concerned about their own motivations (profit
         | or otherwise).
         | 
         | C++ is an entirely different thing. Even though it is backed by
         | a standards body, it is far less centralized. Most people
         | associate C++ with a language and I doubt that there are very
         | many people who view it as a project backed by a particular
         | organization.
        
         | Palomides wrote:
         | not new, e.g.
         | https://en.m.wikipedia.org/wiki/Debian%E2%80%93Mozilla_trade...
        
           | jchw wrote:
           | This is the first thing that came to mind for me too.
           | However, I am distinguishing this particular case (e.g.
           | enforcing that you don't use trademarks in a way that would
           | imply something is official) with the Rust/Go/Python
           | trademark policies (e.g. enforcing a set of rules when using
           | a trademark to refer to something in a clearly unofficial
           | context.)
        
         | IshKebab wrote:
         | > using trademark to enforce rules on unofficial events ...
         | seems to me to be relatively recent.
         | 
         | It isn't. It's completely standard practice. Python uses it in
         | the same way and you probably didn't even notice (and Go as you
         | discovered).
         | 
         | It's not a new tactic. It's literally what trademark law is
         | designed for.
        
           | jchw wrote:
           | It's completely standard practice now, but since when? It
           | didn't start this way because open source projects didn't
           | used to be so big that they had foundations and trademarks.
           | 
           | Furthermore, I think there's a bit of nuance that people
           | continue to miss: I'm not referring to having trademark
           | rules. I am familiar with Linux and Mozilla, arguably the
           | earliest "open source" organizations to deal with trademarks
           | and have trademark policies.
           | 
           | What I'm referring to more specifically is what Go and Rust
           | are doing for events: they seem to be applying additional
           | rules for events that use the trademark in a way that does
           | not imply affiliation. I think this is something that has not
           | _generally_ been the case for open source trademarks.
        
         | mjw1007 wrote:
         | It's not entirely a new thing for Rust, at any rate. The
         | current trademark policy [1] is very similar:
         | 
         | > Using the Rust trademarks (even in modified form) for social
         | events like meetups, tutorials, and the like is allowed for
         | events that are free to attend.
         | 
         | [1]: https://foundation.rust-lang.org/policies/logo-policy-and-
         | me...
        
       | samatman wrote:
       | Looking forward to the Crab language, with its excellent package
       | management system, baggage.
        
         | pezezin wrote:
         | Crab was a tantrum that, as expected, went nowhere. Why people
         | play this silly games is something that I will never
         | understand.
        
       | hvenev wrote:
       | The part of the policy about distributing modified versions of
       | the Rust compiler seems interesting:
       | 
       | > Publicly distributing a modified version of the Rust
       | programming language, compiler, or the Cargo package manager,
       | provided that the modifications are limited to:
       | 
       | > - code adjustments for the purpose of porting to a different
       | platform, architecture, or system, or integrating the software
       | with the packaging system of that platform
       | 
       | It looks like distributing a modified version with any change
       | that isn't related to compatibility with a different
       | platform/architecture/system is not allowed. This would probably
       | make almost all GitHub forks of Rust non-compliant.
        
         | tredre3 wrote:
         | I don't think we can argue in good faith that those forks are
         | publicly distributing a modified version of the rust
         | programming language, unless they actually publish releases.
        
           | hvenev wrote:
           | I don't know, to me it just seems like a plausible
           | interpretation:
           | 
           | - In GitHub, forks of public repositories are themselves
           | public repositories.
           | 
           | - GitHub repositories can be cloned, which is a form of
           | distribution.
           | 
           | - Therefore any fork that implements, for example, a change
           | to the programming language itself, but still uses the name
           | "Rust", is distributing a modified version of the programming
           | language in a manner that is not allowed.
           | 
           | I sincerely hope that this is not the interpretation taken by
           | the Rust Foundation, but I cannot know for sure. It seems
           | very open to selective enforcement.
        
             | jcranmer wrote:
             | It's an argument a lawyer could make in court with a
             | straight face. But that's not the same as an argument
             | likely to win in court. The fundamental purpose of
             | trademark is protecting commercial purity of a product; a
             | GitHub fork whose relation to the original is pretty
             | clearly stated and isn't trying to present itself as a
             | viable alternative to the original is just unlikely to be
             | seen as in the purview of trademark protection in the first
             | place.
             | 
             | Arguing that it's covered because it's distribution
             | requires chaining through a few overly literal definitions
             | to achieve that result, and that isn't likely to be winning
             | argument against a gut instinct of "no, it's just not."
        
           | johnnyanmac wrote:
           | in good faith, no. Legally, yes.
           | 
           | But legalities have its costs as well. is it worth it to go
           | after some random student project with no stars on it?
           | Absolutely not. I imagine that's the bulk of those github
           | forks.
        
         | wongarsu wrote:
         | The way I read it the intent is to ensure there is one
         | sanctioned version of Rust, if you change the compiler to
         | accept other syntax, different file types etc you have to call
         | it by another name. You can still say that it's written in rust
         | and compatible to rust, but you can't call it rust. A weaker
         | version of that policy Firefox had for a while.
         | 
         | Maybe the exact wording needs some refinement. Allowing
         | repositories that are marked as forks for example.
        
           | dathinab wrote:
           | > The way I read it the intent is to ensure there is one
           | sanctioned version of Rus
           | 
           | basically that
           | 
           | Through it's very annoying that it needs refinement _again_
           | and _again_ every f* time they update the trademark policy.
           | 
           | Like why
           | 
           | - is there no exception for research (i.e. science) use, as
           | long as explicitly labeled at such
           | 
           | - public development forks which are used to prototype
           | directions rust could go into, again if clearly labeled as
           | such and not maintained as forks (through to be fair the line
           | between a public experimental rust development fork and an
           | early rust "full" fork are thin)
           | 
           | - wrt. software compatibility allowance why is it limited to
           | the "packaging system of that platform" can't I fork to idk.
           | create compatibility with a code analysis tool, changes I
           | then later want to upstream but first need to test so need to
           | distribute to various people?
           | 
           | and sure you will normally get written permission for all the
           | cases above, just the chance that someone could abuse this
           | preventing you from doing very reasonable thing is IMHO an
           | issue. I really don't want to see a headline like "rust
           | forbids <company> from creating a compatible code analysis
           | tool because <some stupid issue>".
        
             | yuliyp wrote:
             | This is a trademark policy, not a copyright license (Rust
             | is distributed under MIT and Apache licenses, which are
             | quite liberal in what you are allowed to do). You're
             | welcome to make changes and distribute the modified
             | versions, but you do have to be clear to people that it's
             | not Rust, but DathinabRust etc.
        
               | ClassyJacket wrote:
               | Rust? No, this is IronOxide(tm)
        
         | mjw1007 wrote:
         | Note that part is unchanged from the current trademark policy
         | here: https://foundation.rust-lang.org/policies/logo-policy-
         | and-me...
         | 
         | (Except the current policy says "Distributing" rather than
         | "Publicly distributing".)
        
       | hyperman1 wrote:
       | What I am missing here is something like the Java TCK or ISO C:
       | You can call this a compiler that implements the rust language
       | iff it adheres to this specification and passes this suite of
       | test. I really want to see things like a gcc rust be viable, even
       | in a hypothetical universe where the rust foundation would do
       | everything to thwart their existence (to be clear: I am not
       | saying they are).
        
         | nindalf wrote:
         | No one is thwarting anything. You want a GCC implementation of
         | Rust? Check out this blog post published on the official Rust
         | blog 3 days ago - gccrs: An alternative compiler for Rust
         | (https://blog.rust-lang.org/2024/11/07/gccrs-an-
         | alternative-c...). They are perfectly welcome to create this
         | alternate compiler.
        
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