Using the WordPress name in a Desktop Application

[dgwyer]

I just wanted to ask people who are much more in the legal know than me about usage of the WordPress name in a desktop software application. I know that usage of the name in a domain is a no-no, but what about a software application called 'WordPress Plugin Utility' (for example)? The application would probably be commercial by the way rather than freeware, not sure if this has a bearing on the usage.

The thing is that if I am not allowed to use WordPress in the title, most people would not know what the heck the application is about unless they could be bothered to drill down into the application description etc. (on download sites). Chances are they wouldn't(!) which would have an adverse effect on the application downloads. I could of course use 'WP Plugin Utility' which is an improvement on the much plainer (and way too generic) 'Plugin Utility' but I would much rather use 'WordPress'.

I don't just want to assume it's OK to use the full WordPress name and run into problems later on.

Also, what about the usage of the WordPress logos/images at: http://wordpress.org/about/logos/ in such an application too?

[chipbennett]

The current, published Trademark policy involves use of the Trademark in the top-level domain of URLs only (the policy explicitly allows "wordpress" in/as a subdomain. Beyond that, absolutely no direction whatsoever is given. Regarding the logo: IIRC, the wp.org logo page used to have a "free to use for whatever" type statement, but if it was once there, it's gone now.

Personally, I think the lack of a published Trademark usage policy is perhaps the single, greatest shortcoming for the project. Of course, the lack of a published, official Trademark usage policy doesn't stop Automattic/WPF from enforcing their rights. See, e.g. the WordCamp policy and usage enforcement.

Based on the prohibition of the WordCamp mark by "non GPL-compliant people", I would assume that, at the very least, you would be looked down upon for use of either the WordPress mark or its logo in a non-GPL application.

[dgwyer]

As a desktop application that would have compiled code, I would not have planed it to be GPL for the simple reason as that is what I am used to doing on all other desktop applications I have coded in the past which have been pretty varied. But that is not to say that I would have a major problem with making the application GPL (but still would charge for it, as all the premium GPL themes and Plugins currently do - that is what I meant by commercial). Is a condition of the GPL mean that I would have to supply source code too or just declare the application GPL as per distribution, usage etc?

Perhaps the simplest thing would be to go for something like 'WP Plugin Utility' (for example) and not use any logos etc. that would be an issue. Not sure really, just want to write some useful WordPress applications (I have a few in mind) without breaking any licensing agreements.

[Otto]

Personally, I think the lack of a published Trademark usage policy is perhaps the single, greatest shortcoming for the project.

I had a chat with Matt about this a while back. Something is in the works along these lines. Long term though.

[chipbennett]

I had a chat with Matt about this a while back. Something is in the works along these lines. Long term though.

I wish it didn't have to be "long term" - although, if it's a solid policy, properly vetted, then it'll be worth the wait, I'm sure.

[chipbennett]

As a desktop application that would have compiled code, I would not have planed it to be GPL for the simple reason as that is what I am used to doing on all other desktop applications I have coded in the past which have been pretty varied.

There are two schools of thought on GPL applicability. What will determine the project's stance on it is what the application does, and how it interacts with WordPress. Without knowing what exactly the application is, I'm guessing that you're probably in the clear regarding not inheriting the license from WordPress itself. Nonetheless, I'm fairly certain that the project would not look favorably on its Trademark being involved with non-free software.

But that is not to say that I would have a major problem with making the application GPL (but still would charge for it, as all the premium GPL themes and Plugins currently do - that is what I meant by commercial). Is a condition of the GPL mean that I would have to supply source code too or just declare the application GPL as per distribution, usage etc?

If you distribute under GPL, you have to make the source available. You could release it under a different license, that provides for everything in GPL except source distribution - but then, that license would not be GPL-compatible.

Perhaps the simplest thing would be to go for something like 'WP Plugin Utility' (for example) and not use any logos etc. that would be an issue. Not sure really, just want to write some useful WordPress applications (I have a few in mind) without breaking any licensing agreements.

Honestly, the simplest thing to do would probably be to contact Matt or Jane, and get their take on it, first-hand.

[Jeffro]

This is a good question as I personally know of someone that has been working on a WordPress desktop application for a long time. Regarding the trademark, it reminds me of the post I did on WeblogToolsCollection.com where I outlined proper trademark usage. The following comment by Toni Schneider always rings a bell.

http://weblogtoolscollection.com/arc...omment-1321154

That was at the end of 2009. I guess whatever they are doing has to go through the legal system or is taking forever.

As an aside, Open Source Matters which is the foundation for Joomla actually manages all the trademark stuff for the Joomla project. Who knows, maybe the WordPress foundation will take this route as well.

http://opensourcematters.org/license...copyright.html

[chipbennett]

Matt just announced that the Trademark has been officially transferred to WPF. He also linked the draft Trademark policy.

Great developments, both!

[dgwyer]

I'm still stuck in programming mode, I thought you meant WPF for a moment! Nearly did a double take. At least it is clear now that the WordPress name and logo would not be allowed for a for-profit desktop (or Silverlight) application. I just need to contact Matt about the license side of things where an application (with compiled code) acts as a utility and generates some WordPress code.

Still too early.. Need coffee. :)

[film_girl]

What exactly is the app doing? Is it just building in hooks for plugins? Depending on the utility, it might not have any interference whatsoever with any of the GPL stuff.

As an example, Windows Live Writer, MarsEdit and Ecto are all blogging clients that support WordPress via XML-RPC. None are GPL and that's completely fine.

So I guess it will really depend on what your program is doing and what libraries it is interacting with.