Today FUTO released an application called Grayjay for Android-based mobile phones. Louis Rossmann introduced the application in a video (YouTube link). Grayjay as an application is very promising, but there is one point I take issue with: Grayjay is not an Open Source application. In the video Louis explains his reason behind the custom license, and while I do agree with his reason, I strong disagree with his method. In this post I will explain what Open Source means, how Grayjay does not meet the criteria, why this is an issue, and how it can be solved.
I am not the CEO of Grayjay, so I can’t speak to their reasons, but Canonical is a massive organization with a dedicated legal team (which anyone who wishes to OEM Ubuntu has to negotiate with directly, per the license - you can’t just remove branding yourself and go) who know the ins-and-outs of trademark law, and knows what they can and can’t do without accidentally giving up their Trademark claim. I know I sure wouldn’t feel comfortable navigating that.
Your point is that copyright law is easier to enforce than trademark law? I doubt it. I personally don’t care that the lawyers you will definitely need for this and for long do exactly.