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THIS PAGE IS A DRAFT. until finished, no part of this page should be considered official or binding or whatever, otherwise it might burn your house down or cause tornados or something.
Did you get a takedown notice from somewhere (ebay, facebook, etc) about your XBMC/Kodi-related product or group, and are wondering why? Then this page is probably for you.
1 Trademark policy
In the process of renaming XBMC Media Center to Kodi (media center/entertainment center/something, or simply just as "Kodi"), the XBMC Foundation decided to also submit the name and other branding marks (i.e., logos, images) for formal trademark registration in the United States, and informally claim trademarks in various other countries when applicable. There are a few reasons for using formal trademark registration, such as preventing people from associating the project with bootleg video services and other undesirable situations.
In addition to protecting the Kodi branding, the XBMC Foundation has been granted permission to request takedowns for those using the older "XBMC" branding.
Below is a number of links that outline and detail the XBMC Foundation trademark policy.
We have several documents relating to our trademark and distribution policies. Please read them and any documents relevant to your situation, before contacting the Foundation.
- XBMC Foundation Trademark and Logo Usage Policy
- XBMC Foundation Distribution Policy
- Visual Identity Guidelines - to be followed when using our logos under the policy
- Media Center Logos
- List of Foundation Trademarks
- List of Approved Trademark Users
If anything is still unclear or you wish to contact the Foundation for further discussion or to make a request, please use the details listed within the individual policies.
2 Why did I receive a takedown notice?
2.1 Bootleg/pirate video content
While there might be various issues for the XBMC Foundation asking for a takedown, one common issue we have is when people are confusing XBMC/Kodi with specific add-ons for bootleg video services. They've started to see these two different things as being the same entity. One goal with defending our trademarks (basically, the name of the project and logos) is to ensure that people know what XBMC/Kodi are, and where the separation is between the program and other services. In many cases something like this wouldn't normally be an issue, but the rise in poopularity for various bootleg video services has caused some people to incorrectly believe that those videos are a normal part of XBMC/Kodi.
As for those add-ons and services themselves, we try to have a neutral stance on it. We don't support them, but we also don't try to stop anyong from using them. We simply don't want to be mistaken for them. Any legal or moral issues are up to the end users. However, when people are selling or advertising XBMC/Kodi as a way to access such content, it hurts our project's image and can cause a number of serious issues for us.
2.2 Other common reasons for receiving a takedown notice
3 What if I don't like this? What are my alternatives?
In the spirit of open source, we make it a point to interfere as little as possible when it comes to the freedoms people enjoy with our software, so long as our trademarks are respected (as well as other important elements, such as the GPL and other applicable open source licenses). If we do object to the way someone uses our brand, those individuals and groups still have the option of rebranding the software. By renaming the program and replacing logos and other XBMC Foundation marks, individuals and groups can use the same software for situations the XBMC Foundation might not otherwise approve of.
Those wishing to rebrand the software can even still make simple statements of fact, like saying the software is based on XBMC/Kodi, so long as such statements are unlikely to cause the confusion about XBMC/Kodi with users of the software (especially in relation to bootleg video services, among other possible objections). For example, you still cannot imply any kind of official connection or formal endorsement, or other statements that might damage our project and its brand.
4 What if I didn't violate your trademark policy? Can I appeal the takedown?
If you feel you received a takedown notice in mistake, please contact us with the details of your situation at [email protected]