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If that's the issue, it's (at most) a trademark violation instead of a copyright violation, which means the DMCA complaint was filed under false premises.



Copyright license is revoked under AGPL v3 if you violate the AGPL v3 terms.

AGPL v3 specifically allows authors to add trademark restrictions that become violating.

Don't follow the trademark clauses, lose your copyright license, that becomes a copyright violation, actionable under DMCA.


Signal doesn't appear to have actually added those restrictions to the license though.

https://github.com/signalapp/Signal-Desktop/blob/main/LICENS...


I don't see where the source was being offered by the distributors of this package which would mean they were in violation of the AGPL and it was therefore a copyright violation.


The AGPLv3 only requires that you make the source available, that can even be on request, that can be on a CD. You can even, to quote the AGPLv3 itself, charge for that CD "for a price no more than your reasonable cost of physically performing this conveying of source."

But that's not what's going on here. If the source is unchanged, it's perfectly valid (and often done) to just point people upstream. That is providing the source. And the code used to build their snap is available*, and you can see all it does is repackage upstream's official package.

* https://github.com/snapcrafters/signal-desktop/blob/master/s...


A trademark violation is a copyright violation, because a trademark is copyrighted at first inception, before anyone adds the '™'. A company is also compelled to take actions like this to maintain the rights to thier own trademarks. That's my understanding; IANAL.


No, it’s not. Copyright and trademarks are two completely different things with different rules that apply to them.


There's no need to downvote me, as I'm only engaging in polite conversation, just explain it. And if you can support your argument with qualifications, that would be nice.

It sounds like people are saying that a company can have their trademarks used by downstream distributors of AGPLv3 software, if the license doesn't explicitly prevent that, which just seems wrong. The codebase license is not a license to other company IP

I also don't understand why an entity couldn't do a DCMA takedown based on a trademark violation.


You can't (legally) do a DMCA takedown for a trademark violation. You can use a copyright license that requires a user of a copyrighted work to respect your trademark (or whatever, basically). Then if someone doesn't meet those terms, the copyright license is revoked, and they are in violation of copyright law. However, this is legally just a DMCA takedown for a copyright violation.


That's not the case.

And if it were, it still wouldn't matter because the AGPLv3 source would have granted you a license to that too being a copyright license.


AGPLv3 allows one to add trademark terms that, when violated, revoke the copyright license.


Link to where Signal added these terms? You've posted a variant of this claim several times on this post but as far as I can see Signal-Desktop is licensed under a pure AGPLv3 which definitely does not have such terms.


This is not correct. The trademark doesn't affect the copyright but you need both in order to publish binaries with the original name and logo in a store.

You need a copyright license to use the binary. You need a trademark license to use the trademark. See the firefox -> iceweasel kerfuffle




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