Version 1.0, August 2009
I. AUTOMATIC LICENSE OR LICENSE GRANT PROCEDURE?
A. You receive an automatic license when:
- You exclusively use the Drupal trademark to either extend or improve the Drupal software, or to encourage the use of the Drupal software (in short "foster the Drupal software" ).
Examples of "fostering the Drupal software":"Exclusively" means that any direct profits generated by using the Drupal trademark, must also be exclusively used to foster the Drupal software.
- a course entitled "How to use Drupal in your business" organized by a local non-profit organization;
- an open access monthly journal called "Drupal Coding magazine";
- an open source Apache plugin "JIT Compiler for Drupal";
- a freely distributed homebrew Drupal theme "John's Drupal Christmas Theme";
- a website "drupalhalloffame.com" with pictures of famous Drupal contributors;
- administering a database with Drupal bugs and corresponding workarounds.
- creating a Drupal fork "ImprovedDrupal";
- publishing a website "drupalhallofshame.com" with pictures of infamous Drupal contributors.
- a charitable organisation selling t-shirts with the Drupal trademark to sponsor its fight against global warming;
- a company selling t-shirts with the Drupal trademark, while donating 25% of the profits to the Drupal Association.
- A high-traffic website "drupalindepth.com" containing sponsored ads, qualifies for an automatic license when the profits generated from these ads (minus hosting costs and other obvious costs incurred for maintaining the website) are used to pay a full-time developer working on the new open source Drupal template engine.
- A Drupal contributor wants to start a website called "newtodrupal.com", with helpful tutorials aimed at people new to Drupal. This website contains ads under the form of sponsored links, which would normally exclude the automatic license. However, because the referral code used for these ads is the Drupal Association's, any money earned goes directly to support the Drupal project. Hence, this website can benefit from an automatic license.
- The New York Drupal user group sells t-shirts with the Drupal trademark to sponsor its functioning. This also qualifies for an automatic license.
- The Drupal trademark is used in a domain name, title of website, title of a seminar, title of a course or title of a software package that is either exclusively intended to foster the Drupal software, or also mentions your trademark (or your trade name, name of your company, name of your organization, or name of your association).
Example uses for which you receive an automatic license:
- a course entitled "Acme's Drupal Gold Course" or "Acme's Drupal Certification Course" or "Acme's Learn to Code in Drupal ";
- a domain name that is used for commercial purposes and is entitled "drupalacme.com" or "commonusesofdrupal.acme.com";
- a domain name that is exclusively intended to foster Drupal use, and is entitled "drupalusersgroupcalifornia.org" or "drupalunofficialfaq.com";
- an open source plugin to connect Acme's SQL-server to the Drupal software;
- a commercial plugin to connect Acme's SQL-server to the Drupal software, called "Acme's SQL plugin for Drupal";
- a Drupal course entitled "Drupal 6" that is taught at a university;
- a free Drupal seminar entitled "Creating websites with Drupal", organized by a local non-profit organization
- a commercial website hosted under domain name "commonusesofdrupal.com";
- a commercial course entitled "Drupal Newbies Course 2009".
- The Drupal trademark is used in the title of a book, newsletter, video, magazine or similar instructional instrument regarding Drupal that does not suggest an "official link".
Example titles for which you receive an automatic license:
Example titles for which the license grant procedure must be followed, because an "official link" may be suggested by the title (see B.1 below):
- "Drupal ninja secrets: the complete guide", "Monthly Drupal Bits", "Drupal in Depth", "Drupal Step by Step", "John Smith's Drupal 6 Installation Guide", "Illustrated Drupal Guide", "More effective ways to use Drupal", "Drupal Screenshot Guided Tour", "Beginning Drupal", "Drupal inside out", "Drupal for network professionals".
- "Drupal 6", "Official Drupal Guide", "The Drupal Association's Book on Drupal".
- The Drupal trademark is used for the title of a camp or meet-up.
Examples: "Drupal Bootcamp 2009", "Annual Drupal Meeting", "Drupal Gathering New York", "DrupalCamp Antarctica".
Note, however, that the license grant procedure must be used when the Drupal trademark is used in combination with the words "conference", "convention" or "association". See examples below.
- You want to display the official Drupal logo (whether for commercial or non-commercial use) in a standalone and unaltered form.
- "Standalone" means that the Drupal logo is not part of another logo. For example, a local Spanish Drupal user group that would like to create a "Drupal Spain" logo by extending the word "Drupal" with the word "Spain" (in the same font and color), will not be entitled to an automatic license. "Unaltered" means that the Drupal logo cannot be changed in any way — e.g., by changing the color, by slightly altering the shape of the letters, etc.
- Examples for which you receive an automatic license: creating a banner that displays the Drupal logo; using the Drupal logo on your (commercial or non-commercial) website; displaying the Drupal logo on product packaging; selling a t-shirt with the Drupal logo printed on the back.
- Your intended use qualifies as "nominative fair use" of the Drupal trademark, i.e., merely identifying that you are talking about Drupal in a text, without suggesting sponsorship or endorsement by Dries Buytaert or the Drupal Association.
Examples:The use of the Drupal trademark as part of the name of a function, procedure, variable name or similar source code component is also considered "nominative fair use" for which no license is required.
- describing a new Drupal release in a review;
- referring to Drupal in a comprehensive overview of content management systems;
- complaining in a blog about a missing feature in the Drupal software;
- reporting about a Drupal conference on your personal homepage.
- a procedure called drupal_add_link();
- a constant called DRUPAL_AUTHENTICATED_RID;
- a variable named $drupal_tag;
- a set of source code files called drupal.module and drupal.js.
B. The license grant procedure must always be followed when you are in one or more of the following situations (even when you would also be in any of the situations under subsection A above)
- The use of the Drupal trademark suggests an "official link" between your product or service and Dries Buytaert / the Drupal Association (i.e., the product or service can be perceived as either emanating from Dries Buytaert / the Drupal Association, or being endorsed by Dries Buytaert / the Drupal Association).
- a domain name "drupalofficialfaq.com";
- a domain name "drupalsupport.nl";
- a company called "Drupal Services Inc.";
- a course entitled "Drupal Exams".
- The Drupal trademark is used in combination with the words "conference", "convention" or "association", as well as any translation, abbreviation or variation thereof.
Examples: "drupalcon, "drupalconference", "Drupalconvention", "drupal con", "drupal conference", "Drupal Convention", "Drupal Association".
- The Drupal trademark is used as part of another registered trademark.
Example: a trademark "Drupal Plugin Optimizer".
- The Drupal trademark is used as part of a "drupal.tld" domain name.
Examples: "drupal.com", "drupal.info","drupal.co.uk".
- The Drupal trademark is used as part of a domain name that covers either an entire category of products or services that are relevant to the Drupal community, that covers an entire target group of Drupal users or that is otherwise too generic.
Examples for which the license grant procedure must be followed: "drupal-design.com", "drupal-themes.co.uk", "drupal-modules.com", "drupal-support.nl", "drupal-hosting.com", "drupal-administrators.co.uk", "drupal-tshirts.com", "drupal-magazine.com", "mobiledrupal.com", "drupal-intranet.com", "drupal-services.com", "drupal-development.co.uk".
- The Drupal trademark is used in a domain name, title of a website, title of a seminar, title of a course or title of a software package that is not exclusively intended to foster the Drupal software, and this domain name or title does not also mention your trademark (or your trade name, name of your company, name of your organization, or name of your association).
- when a "Drupal Course for New Administrators" is organized by a local Drupal community, the license grant procedure does not need to be used — even when a $600 registration fee would be requested — because the money earned is exclusively used to foster the Drupal software;
- when the same course is organized by a commercial organization and not all of the profits earned are used to foster the Drupal software, the license grant procedure must be followed;
- when the same course is organized by a commercial organization, but under the name of "Acme's Drupal Course for New Administrators", the license grant procedure does not need to be used, even when none of the profits earned are used to foster the Drupal software;
- when a commercial organization "Acme" has a product called "Drupal River" that is not exclusively intended to foster Drupal software, the license grant procedure must be followed;
- The Drupal trademark is used as part of the name of a company, organization, trade name or association.
Examples: a company named "Drupal, Inc.", "Drupal Experts GmbH" or "Drupal Support BV"; "Drupal Hosting LLC"; an organization called "Drupal Peru" or "Drupal User Group Germany".
- You want to use the official Drupal logo in altered form or as part of another logo.
- There is any doubt as to how this policy should be interpreted or applied to a specific case.
II. THE LICENSE GRANT PROCEDURE
In the license grant procedure, you must complete a form with your contact details and a description of the intended use of the Drupal trademark.
It may take a month or more for your application to be evaluated, and applications may be rejected for any reason (you may, however, reapply as often as you like). Furthermore, a license fee may be requested for any commercial use of the Drupal trademark.
Although licenses are granted at Dries Buytaert's sole discretion, and specific conditions or obligations may be imposed, the following factors will be taken into account during the license grant procedure:
- With respect to a Drupal-related product or service, it will be considered whether the product or service:
- does not suggest an official link;
- promotes or expands Drupal adoption and usage;
- is not a fork of Drupal, and does not promote or encourage forks of Drupal;
- is licensed in a way that is compatible with the Drupal open source license;
- substantially strengthens and empowers the Drupal community;
- is of a high quality in both form and function;
- is created by significant contributors to the Drupal project;
- is created by those with a track record of liberally "giving back" to their communities;
- in the case of a domain name, does not create an unfair monopoly towards others because it spans a relevant category of services.
- With respect to the name of a company, organization or association, it is considered whether:
- the name does not suggest an official link;
- the company / organization or association is founded by significant contributors to the Drupal project, who have a track record of liberally "giving back" to their communities.
III. RULES OF USE
With the exception of the "nominative fair use" of the Drupal trademark, your use of the Drupal trademark is subject to the following rules (irrespective of whether you followed the license grant procedure or obtained an automatic license):
- Any use of the Drupal trademark implies acceptance of this policy.
- The Drupal trademark cannot be used for illegal, defamatory or humiliating purposes, or any other purpose that may negatively impact the Drupal software.
- a Drupal fork entitled "A Better Drupal";
- a domain name "drupal-is-worthless.com" (note, however, that merely mentioning or referring to the Drupal software — for example in a critical blog post - qualifies as "nominative fair use", to which the rules of use do not apply).
- The name of your company or organization should be used in combination with the Drupal trademark so that there can be no confusion about the true source (company, organization, association or author) of your product or service. The combination of the name of your product or service with the Drupal trademark must be unique and identifiable.
- if your company is called "Acme", refer to your Drupal certification product as "Acme Drupal Certification" or "Drupal Certification by Acme" instead of "Drupal Certification"; or
- if your company called "Acme" has a Drupal podcast, clearly refer to it as the "Acme Drupal Podcast", "Drupal Podcast provided by Acme" instead of just "Drupal Podcast";
- if your company called "Acme" has a product or service called "Drupal River," clearly indicate that the "Drupal River is a product (or service) of Acme" so that there can be no confusion about the true source.
- The Drupal trademark should be accompanied by the following text (or an appropriate translation):
"Drupal is a registered trademark of Dries Buytaert."
IV. OTHER LEGAL STUFF
- Any license granted under this policy, is legally granted as a sub-license by the company Dries Buytaert BVBA (company number 0893.231.032), which is mandated by Dries Buytaert to evaluate the applications and assign sub-licenses of the Drupal trademark on behalf of Dries Buytaert.
- Any license granted under this policy can be terminated upon sixty (60) days prior written notice if you breach any provision of this policy. If your breach can be cured (and you have not previously breached this policy), you may be granted forty-five (45) days from the date of notice to cure the breach.
- All implicit or automatic permissions or licenses to use the Drupal trademark that were granted before the publication of the current version of this policy are revoked after a grace period of six (6) months (calculated as from the date of publication).
- This policy — as well as the accompanying website - may be changed at any time. You accept that all licenses accorded under this policy are non-exclusive, non-transferable, non-sub-licensable, revocable at any time, and subject to changes in policy. Hence, changes in this policy may cause permissions to be revoked or made dependent on additional obligations.
- Any changes to this policy will enter into force sixty (60) days after publication on the licensing page of the Drupal website (http://drupal.com/trademark).
- If any provision of this policy would be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceable of such provision shall not affect the other provisions of this policy, so that all other provisions shall remain in full force and effect. In such case, the invalid or unenforceable provision shall be replaced by a valid or enforceable provision that achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
- All disputes in connection with this policy or any permission granted by it will be submitted to the applicable Court of Brussels, Belgium. This policy is governed by the laws and regulations of Belgium.