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Re: MIME use of trademark names 'gif' and 'postscript'

1993-01-28 06:00:17
I'm somewhat reluctant to bring this up, but I guess it is an issue
that needs to be discussed:

RFC 1341 calls for the use of 

      Content-Type: application/PostScript
and 
      Content-Type: image/gif

However, Adobe Systems Incorporated owns the trademark "PostScript".
The preface to Postscript(R) Language Reference Manual, Second
Edition, Adobe Systems Incorporated, says that "Adobe will enforce its
copyright and trademark rights", and that while Adobe "gives
permission to anyone to write programs in the PostScript language and
write drivers that generate output consisting of PostScript language
commands", it explicitly says "the trademark 'PostScript' may not be
used to identify any product not originating from or licensed by
Adobe."

I think MIME quite clearly comes under the auspices of a "driver generating
output consisting of PostScript language commands". If you think of MIME as as
canonical transport format, a MIME composition agent is just such a driver.

A MIME user agent could include a PostScript viewer, I suppose, but then the
issue would be whether the actual product claims to provide a PostScript viewer
or not. (I happen to either use the one made by Adobe that does PostScript or
one that accepts a somewhat similar language called Ghostscript ;-)

In any case, the intention is clearly to protect Adobe's right to label their
products as true PostScript interpreters. I don't believe our usage conflicts
at all.

Without some clarification from Adobe Systems Incorporated, might it
mean that a user who sends out a MIME message with an
'application/PostScript' tag is infringing on Adobe's right to
exclusive use of that trademark? (Unless, of course, the MIME
generating application is licensed from Adobe?)

I don't see how. They explicitly give away the right to generate material
labelled as `PostScript'.

However, I do think we need to cite this as a trademark; that's part of the
general rules of the game. If there are any other issues here surely the
Internet Society is the place to deal with them.

Similarly, the word 'GIF' is a service mark of CompuServe
Incorporated.  It would seem, from their licensing terms (included
below), that any software such as a MIME document reader that wishes
to display GIF images must include a screen display, acknowledging
ownership of the Graphics Interchange Format and the Service Mark by
CompuServe Incorporated.

I find these terms and conditions to be more constraining, if anything, since
it requires certain behavior of any program that uses GIF.

Can an Internet Standard require use of these two trade/service marks?

Yes it can. It can do so even if that usage required licensing, as a matter of
fact. I don't think this is such a case though.

I see two alternatives:
a) get permission from Adobe and CompuServe, respectively, for use of
their trademarks in MIME messages.

It is always best to do this, of course. This should be pointed out to the IESG
as something the Society should look into. The use of PostScript and GIF
transcends MIME by a considerable degree, so this is probably a good idea in
any case.

b) change the content-type designations to avoid use of trademark names.

I dislike these choice as much as you do since it makes things much less clear.
Both GIF and PostScript are well-known terms.

E.g., change application/PostScript to application/ps (or, God forbid,
application/ps90 to signify the 1990 edition of the Adobe book).
I'm not sure about image/gif: perhaps the restrictions placed on 'gif'
aren't as stringent (see the preface from the gif89a documentation
below), or image/gif89a might be used.

Actually, if folks are of a mind to undertake legal action, even a modified
(but obviously related) name can come under attack (remember MacSleep).

I'm therefore not convinced we're buying any real protection by using nomikers
(unless we go the distance and use "934k5d75a3495k647k5" or something similar).
I also think that the usage we're making of PostScript is explicitly allowed.
The restrictions on GIF are more problematic, but by citing the restrictions
we're probably safe on that as well.

                                Ned

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