> If you are using the Mozilla Mark(s) for the unaltered binaries you are distributing, you may not charge for that product. By not charging, we mean the Mozilla product must be without cost and its distribution (whether by download or other media) may not be subject to a fee, or tied to subscribing to or purchasing a service, or the collection of personal information.
Specifically the "By not charging, we mean the Mozilla product must be without cost and its distribution (whether by download or other media) may not be subject to a fee" part.
The problem is that Mozilla's policy applies to distribution but not necessarily to installation. Since this is a legal issue, the details are very important.
In this case, the process of ensuring that a functioning version of Firefox resides on the machine involves:
1. Transferring the Firefox software to the machine
2. Explicitly preparing the machine so that the Firefox software can be run (in this case, installing Firefox)
The Policy only applies to the first item. No part of the policy refers to the second action, and it's fair game for Dell to charge a fee for the labor associated with installing the software (they cannot, of course, charge a fee for the part of the process where the software is distributed to the machine).
If this sounds like nitpicking, welcome to the world of law
On the other hand, the only mention of trademarks in the license is:
> This License does not grant any rights in the trademarks, service marks, or logos of any Contributor
This is unfortunately worded in Dell's favour, as any trademark policy from Mozilla will stand independently from the license. Furthermore, Dell is allowed to use Mozilla's trademark in a fair way, regardless of what their own policies say.
No. The original article claimed that too, but there’s absolutely no way that interpretation would hold up in court.
Lawyer goes to mozilla.com, clicks Download. “By the plaintiff’s interpretation, as they have distributed the product to me, I now have an installed Firefox. Let’s go to the Start Menu and attempt to run it. Wait, hmm, I see no menu icons. Let’s look on the filesystem. Hmm, no folder. Oh, I see, there’s this additional step beyond distribution that I have to take to be able to use the product. What’s that additional step called? Installation. What do we call it when someone does something for us so that we don’t have to do it? A Service. Thank you, Your Hono(u)r (this is the UK after all, though it’d be M’Lord).”
Might be dick-ish (subjectively). But the Mozilla claims that it’s clearly not allowed by their license or trademark (which implies no association), and the repetition of same by the article (and by numerous in the peanut gallery online) does not make it so - Dell’s response is correct.
Doesn't the purchasing a service part explicitly say Dell isn't allowed to do this? Am I reading this wrong somehow or are they just blatantly breaking the rules?
Yes, buy enterprise-class hardware (Latitude, etc.) instead of the consumer brands (Inspiron, etc.)
Dell also has a program for large enough IT departments where they'll use a buyer-provided disk image at the factory so machines can be deployed right out of the box.
Not Dell, but the retail store where you got it. Most (Wal-Mart, OfficeMax/Depot, Best Buy) have their "Service plans" which is pretty much paying to get rid of misc software. Retailers gotta love that extra profit while the employees get a nice SPIF.
> ...the Mozilla product must be without cost and its distribution (whether by download or other media) may not be ... tied to subscribing to or purchasing a service
dkuntz2|12 years ago
Specifically the "By not charging, we mean the Mozilla product must be without cost and its distribution (whether by download or other media) may not be subject to a fee" part.
nonchalance|12 years ago
In this case, the process of ensuring that a functioning version of Firefox resides on the machine involves:
1. Transferring the Firefox software to the machine
2. Explicitly preparing the machine so that the Firefox software can be run (in this case, installing Firefox)
The Policy only applies to the first item. No part of the policy refers to the second action, and it's fair game for Dell to charge a fee for the labor associated with installing the software (they cannot, of course, charge a fee for the part of the process where the software is distributed to the machine).
If this sounds like nitpicking, welcome to the world of law
beejiu|12 years ago
> This License does not grant any rights in the trademarks, service marks, or logos of any Contributor
This is unfortunately worded in Dell's favour, as any trademark policy from Mozilla will stand independently from the license. Furthermore, Dell is allowed to use Mozilla's trademark in a fair way, regardless of what their own policies say.
FireBeyond|12 years ago
Lawyer goes to mozilla.com, clicks Download. “By the plaintiff’s interpretation, as they have distributed the product to me, I now have an installed Firefox. Let’s go to the Start Menu and attempt to run it. Wait, hmm, I see no menu icons. Let’s look on the filesystem. Hmm, no folder. Oh, I see, there’s this additional step beyond distribution that I have to take to be able to use the product. What’s that additional step called? Installation. What do we call it when someone does something for us so that we don’t have to do it? A Service. Thank you, Your Hono(u)r (this is the UK after all, though it’d be M’Lord).”
Might be dick-ish (subjectively). But the Mozilla claims that it’s clearly not allowed by their license or trademark (which implies no association), and the repetition of same by the article (and by numerous in the peanut gallery online) does not make it so - Dell’s response is correct.
natdempk|12 years ago
jbigelow76|12 years ago
superuser2|12 years ago
Dell also has a program for large enough IT departments where they'll use a buyer-provided disk image at the factory so machines can be deployed right out of the box.
ne0codex|12 years ago
craigching|12 years ago
millerm|12 years ago
scott_karana|12 years ago
> ...the Mozilla product must be without cost and its distribution (whether by download or other media) may not be ... tied to subscribing to or purchasing a service