Explain and tune the policy a bit.

Signed-off-by: Jos Poortvliet <jospoortvliet@gmail.com>

1 files changed, 20 insertions, 13 deletions

diff --git a/page-trademarks.php b/page-trademarks.php
index 66821c6f..1f202cb9 100644
--- a/page-trademarks.php
+++ b/page-trademarks.php
@@ -58,35 +58,42 @@
 <li>You have not made any modifications to the Nextcloud Server itself. You are of course allowed to make modifications, but then you MUST remove our trademarks as it is no longer Nextcloud. Modifications to the Nextcloud Server here are defined as those which would would require you to provide them in source form to any user who asks under the <a href="https://www.gnu.org/licenses/agpl-3.0.html" target="_blank">license of the AGPLv3</a>.</li>
 <li>If you advertise your server to third parties (for example on a website), note that you have to follow all stipulations in the <a href="#advertising">Advertising section</a></li>
 </ul>
-<p>Note that enabling Nextcloud apps from our official app store and the basic configuration of your server are not considered changes or modifications to Nextcloud. Disabling or removing apps or adding apps which are not in our app store IS considered a modification of Nextcloud and requires removing of our branding.</p>
+<p>Note that enabling Nextcloud apps from our <strong>official app store</strong> and the basic configuration of your server are not considered changes or modifications to Nextcloud. Disabling or removing apps we ship by default (which includes Talk, Groupware, our updater, our support app, Pictures and others) or <strong>adding apps which are not in our app store</strong> IS considered a modification of Nextcloud and requires complete <strong>removing of our branding and marks.</strong></p>
 
 <p>To clarify, let us give three examples of using the Nextcloud Marks.</p>
 <ul>
-<li>You run a Nextcloud server for yourself, your family and some friends. You split the costs between all users. You have not modified the branding and thus your server shows the Nextcloud logo. You have made no changes to the code of Nextcloud itself, but have installed various apps. To help your users use Nextcloud, you created a page where they can find some information and documentation. On there, the Nextcloud logo is shown.<br/>
+<li><strong>1.</strong> <em>You run a Nextcloud server for yourself, your family and some friends. You split the costs between all users. You have not modified the branding and thus your server shows the Nextcloud logo. You have made no changes to the code of Nextcloud itself, but have installed various apps from the app store. To help your users use Nextcloud, you created a page where they can find some information and documentation. On there, the Nextcloud logo is shown.</em><br/>
 This is perfectly OK!</li>
-<li>You have taken Nextcloud and turned into a much better file sync and share solution by improving code and adding some custom apps you wrote. You host this for other people.<br/>
-We're very happy you could use Nextcloud to create something that suits you and your users, but you can't use our trademarks as your users might be confused, thinking they are using Nextcloud! Please, remove our logo, background and colors and in your marketing content only note somewhere that your product is based on Nextcloud. Avoid confusion!</li>
-<li>You run a Nextcloud server for your customers. You've installed some apps and configured things, but made no other changes. And you are not a Nextcloud partner.<br/>
-We're happy that you can run a business around Nextcloud. But please make sure your customers do not confuse your services with what Nextcloud GmbH offers: an real enterprise product, backed by the best expertise available. Your customers have no access to Nextcloud Enterprise and the security and stability advantages that offers, nor do your customers have access to our experienced engineers, the people who wrote Nextcloud in the first place, for support. So this must be very clear. You can use Nextcloud 'out of the box' and preconfigure it, including adding and enabling applications from our official app store. But if you make modifications, including disabling apps, you MUST remove our logo, change the color and the background. In either case, you can NOT use the Nextcloud logo anywhere on your website or marketing materials and you can only say you offer 'Nextcloud'. You can NOT use the term 'Enterprise' when referring to your Nextcloud offering, and MUST make clear it is NOT an official offering and you are NOT affiliated with Nextcloud GmbH or the Nextcloud community.</li>
+<li><strong>2.</strong><em>You run a Nextcloud server for your customers. You've installed some apps and configured things, but made no other changes. And you are not a Nextcloud partner.</em><br/>
+We're happy that you can run a business around Nextcloud. But please make sure your customers do not confuse your services with what Nextcloud GmbH offers: an real enterprise product, backed by the best expertise available. Your customers have no access to Nextcloud Enterprise and the security and stability advantages that offers, nor do your customers have access to our experienced engineers, the people who wrote Nextcloud in the first place, for support. So this must be very clear. You can NOT use the term 'Enterprise' when referring to your Nextcloud offering, and MUST make clear it is NOT an official offering and you are NOT affiliated with Nextcloud GmbH or the Nextcloud community.</p>
+<p><strong>Note:</strong> When you host Nextcloud or set up Nextcloud systems for your customers, you can not make modifications and still use our name in a user-visible way. If you make modifications, <strong>including disabling or removing or blocking automatic/recommended installation of apps shipped or installed by default in an automated way</strong> (like Talk, Mail, the support and updater apps and more), your situation is as in example 3 and you must act accordingly, including removing our branding from the UI, not pointing to our apps and so on.</li>
+<li><strong>2.</strong><em>You have taken Nextcloud and turned into a much better file sync and share solution by improving code and/or adding some custom apps you wrote. You host this for other people or just for yourself.</em><br/>
+We're very happy you could use Nextcloud to create something that suits you and your users, but you can't use our trademarks as your users might be confused, thinking they are using Nextcloud! Please, remove our name, logo, background and colors everywhere in the user interface and your marketing materials. In your marketing content you can note somewhere that your product is based on Nextcloud, but avoid confusion and make clear you are not affiliated to us and don't offer access to our expertise. Also, we don't want you to point people to or link to our apps - they are designed to work with Nextcloud, and you are not running a Nextcloud server anymore. Even if it works today, it might not tomorrow. You can make your own build of these apps, the source is available. Be sure to remove our branding (logo, name, other references) from them, too!</li>
 </ul>
 
+<p><strong>Why so difficult?</strong><br />
+Our purpose here is to control the experience of Nextcloud business users. To be precise, our goal is to ensure a consistent and good experience and we believe that a 'support contract' for busineses, including hosting with any type of support, should be backed by our in-depth expertise. This ensures that when a problem arises that is too complex to be fixed by a system administrator, our engineers are the ultimate backup. In our opinion, a support contract for open source software is like an insurance. An insurance guarantees not only that a minor issue gets resolved, but even the worst case. An art insurance that only covers theft of a 10 euro portrait but not that Van Gogh is quite useless, too. We get contacted by businesses who purchased 'Nextcloud support' from third party providers, had a bad experience, and blame us. A support contract where a customer pays for a system administrator to try and find a solution on our forums or ask our engineers on github is NOT a useful support contract for a business, and looks bad on us and the Nextcloud brand. This is not OK and thus we do NOT give permission to anyone who wants to offer services around Nextcloud to use our brand without our permission and support.</p>
+<p>So, if you as service provider wish to use the Nextcloud name and logo, run an unmodified Nextcloud server for your customer, with no custom apps or disabled/removed official apps. If you make such changes, don't use our name. In case of doubt, just contact us.</p>
+
 <h3>Distributing Nextcloud Server without modification</h3>
 <p>You can use the Nextcloud Marks to identify Nextcloud for Nextcloud Server downloads separately or as part of a Virtual Machine, docker image, installer, PHP server package or in another form as long as you have not made any modifications to Nextcloud Server itself. Modifications to the Nextcloud Server here are defined as those which would would require you to provide them in source form to any user who asks under the <a href="https://www.gnu.org/licenses/agpl-3.0.html" target="_blank">license of the AGPLv3</a>.</p>
 
 <p>Note that pre-configuration and enabling or pre-installing Nextcloud apps from our app store are not considered changes or modifications to Nextcloud. But no app or functionality which is part of Nextcloud by default can be removed or disabled automatically, nor can 'custom' apps which are not in our app store be installed. If you do, the result is considered a modified version of Nextcloud which means branding has to be removed (see below).</p>
 
-<p>Two explicit examples. You can NOT disable the updater, the Files app, the support app, install a custom theming app, or install a custom authentication app and still use our brand. If you do any of those things, you must remove the Nextcloud marks from the application and give it your own brand. We do not wish users to confuse heavily modified products from a third party with the official Nextcloud product.</p>
+<p>Two explicit examples. You can NOT disable the updater, the Files app, the Talk app (or prevent its installation by default), the support app, or install a custom theming app, or install a custom authentication app not on the app store and still use our brand. If you do any of those things, you must remove the Nextcloud name and marks from the application user interface completely and give it your own brand. We do not wish users to confuse modified products from a third party with the official Nextcloud product.</p>
 
-<p>A hosting provider can thus provide a configured Nextcloud installation to its users as long as those can see a copyright and download notice and a link to nextcloud.com. See <a href="#advertising">below in the advertising section</a> for how this service has to be described to users.</p>
+<p>A hosting provider can thus provide a configured Nextcloud installation to its users as long as those can see a copyright and download notice and a link to nextcloud.com and as long as NO code changes are made, no non-appstore apps are installed and no apps are disabled. See <a href="#advertising">below in the advertising section</a> for how this service has to be described to users.</p>
 
 <p>Rather than offering Nextcloud Server unmodified, we suggest to link to our installation page to ensure users can always find the latest Nextcloud release. If you offer Nextcloud as part of a package, image or installer, please keep security issues in mind. Offering easy and convenient update capabilities will greatly benefit your users. Where possible, we suggest to make use of official Nextcloud packages or zip files and tarballs.</p>
 
 <h3>Distributing Nextcloud Server With Modifications</h3>
 <p>You may distribute Nextcloud Server with modifications under the terms of the <a href="https://www.gnu.org/licenses/agpl-3.0.html" target="_blank">AGPLv3 license</a>. That means, generally speaking, that recipients of the code should have an easy option to receive a full copy of the code, including those modifications, under the AGPLv3 licence. A download link to the original source used to generate the build you created usually suffices.</p>
 
-<p>In making such a distribution you must remove all trademark uses of the Nextcloud Marks from the version of Nextcloud you are modifying. You may, if you wish, combine your own trademark or name with one of the following Nextcloud Mark tag-lines: "Based on Nextcloud," "Derived from Nextcloud," "Uses Nextcloud," "Built on Nextcloud," or "Built from Nextcloud."</p>
+<p>In making such a distribution you must remove all trademark uses of the Nextcloud Marks from the version of Nextcloud you are modifying. You may, if you wish, combine your own trademark or name with one of the following Nextcloud Mark tag-lines: "Based on Nextcloud," "Derived from Nextcloud," "Uses Nextcloud," "Built on Nextcloud," or "Built from Nextcloud." But make clear you have no affiliation with us and do NOT use the nextcloud name or marks anywhere in the user interface.</p>
+
+<p>Also, if you ship a modified version of Nextcloud, do NOT link to or include our official apps. They are for Nextcloud and NOT supported with such modified servers. You can of course make your own builds of our mobile and desktop apps, removing all the marks and mentions of Nextcloud from them.</p>
 
-<p>You generally will not need to remove or modify package headers, notes, README files, Changelogs, or other files containing uses of the Nextcloud Marks that merely describe the Nextcloud project, as long as such uses do not imply that you are formally affiliated with the Nextcloud Community.</p>
+<p>You generally will not need to remove or modify package headers, notes, README files, Changelogs, or other files containing uses of the Nextcloud Marks that merely describe the Nextcloud project, as long as such uses do not imply that you are formally affiliated with the Nextcloud Community and as long as nothing shows up in the normal user interface.</p>
 
 <h3>Nextcloud mobile client</h3>
 <p>The Nextcloud mobile clients are available on the Apple (iOS) and Google (Android) app stores. If you wish to distribute the iOS or Android client modified or unmodified on these stores you can not use ANY Nextcloud Mark other than what fair use allows and you must make sure that such stores are compatible with the respective Open Source license of such Nextcloud mobile app. This means you can NOT use the term \'Nextcloud\' in the name of your app. You MUST make clear that your app is NOT the official Nextcloud client and contains modifications from the original– if any. We reserve the right to demand you take down the Nextcloud client if you violate any of these provisions.</p>
@@ -94,7 +101,7 @@ We're happy that you can run a business around Nextcloud. But please make sure y
 <p>For distributing the Nextcloud mobile clients on any other app store, please contact us.</p>
 
 <h3>Nextcloud desktop client</h3>
-<p>The Nextcloud desktop client is available for Linux, Windows and Mac OS X. If you wish to distribute the desktop client modified or unmodified you can not use ANY Nextcloud Mark other than what fair use allows. This means you can NOT use the term \'Nextcloud\' in the name of your client. You MUST make clear that your client is NOT the official Nextcloud client and contains modifications from the original. To obtain permission to distribute a modified or unmodified version of the Nextcloud desktop client with use of the Nextcloud Marks, please contact us.</p>
+<p>The Nextcloud desktop client is available for Linux, Windows and Mac OS X. If you wish to distribute the desktop client modified or unmodified you can not use ANY Nextcloud Mark other than what fair use allows. This means you can NOT use the term \'Nextcloud\' in the name of your client. You MUST make clear that your client is NOT the official Nextcloud client and contains modifications from the original. To obtain permission to distribute a modified or unmodified version of the Nextcloud desktop client with use of the Nextcloud Marks, please contact us. Please do not link to our apps for use with a product that is seriously modified and thus not 'Nextcloud'.</p>
 
 <h3>Linking to nextcloud.com</h3>
 <p>You are permitted to link to nextcloud.com from your web site. We have provided several logo graphics for you to choose from. To use these logos you must agree that:</p>
@@ -109,10 +116,10 @@ We're happy that you can run a business around Nextcloud. But please make sure y
 	<li>This permission may be rescinded at any time, in which case you will have to remove the Nextcloud marks from your web site within 24 hours.</li>
 </ul>
 <h3>Merchandise</h3>
-<p>You are welcome to make use of the Nextcloud Marks to produce merchandise such as t-shirts, hats, bags, jackets, sweatshirts, mugs, and desktop wallpapers and give them to your friends, family, community members, provided there is no commercial interest behind it. You are required to request permission if you want to commercially distribute articles using the Nextcloud Marks or distribute them for promotion of your own commercial services (see Contact Information below to request permission).</p>
+<p>You are welcome to make use of the Nextcloud Marks to produce merchandise such as t-shirts, hats, bags, jackets, sweatshirts, mugs, and desktop wallpapers and give them to your friends, family, community members, provided there is no commercial interest behind it. You are required to request permission if you want to commercially distribute articles using the Nextcloud Marks or distribute them for promotion of your own commercial services (see Contact Information below to request permission). We are generally happy if a local Nextcloud promoting group wants to create and sell Nextcloud t-shirts to fund a local meetup, for example, so please just ask us!</p>
 
 <h3>Domain Names</h3>
-<p>If you want to include all or part of an Nextcloud Mark in a domain name, you should seek our permission (see Contact Information below to request permission). People naturally associate domain names with organizations whose names sound similar. Almost any use of an Nextcloud Mark in a domain name is likely to confuse someone, thus running afoul the overarching requirement that any use of an Nextcloud Mark not be confusing. By "domain name" we mean to refer to toplevel domains and second-level domains, but not sub-domains.</p>
+<p>If you want to include all or part of an Nextcloud Mark in a domain name, you should seek our permission (see Contact Information below to request permission). People naturally associate domain names with organizations whose names sound similar. Almost any use of an Nextcloud Mark in a domain name is likely to confuse someone, thus running afoul the overarching requirement that any use of an Nextcloud Mark not be confusing. By "domain name" we mean to refer to toplevel domains and second-level domains, but not sub-domains. You can call your private or business Nextcloud server nextcloud.mycloud.com as you wish! For commercial purposes (a service provider hosting Nextcloud), do NOT include the Nextcloud mark in your domain name, anywhere, unless you received permission to do so.</p>
 
 <h3>Advocacy Groups</h3>
 <p>We welcome the use of the Nextcloud Marks in connection with user groups and other Nextcloud advocacy groups, but you may only do so in accordance with the following requirements:</p>