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If you are creating your own server on here, don't use a domain name with the word "mastodon".

The word "mastodon" in relation to social networks is a registered trademark owned by Eugen Rochko's Mastodon gGmbH organisation.

If you use a domain name which includes the word "mastodon", this obliges you to obey these terms laid down by Eugen's organisation:

https://joinmastodon.org/trademark

For example, this would potentially make it illegal to switch to software unapproved by Mastodon gGmbH.
This entry was edited (1 year ago)

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in reply to Grow Your Own Services 🌱

I understand that, but at the same time it seems so paradoxical. Mastodon is such an enclave of freedom on the internet and then some legal tug of war over the use of the name starts? It would be very sad, and probably a lot of people would then switch to the fork project. The name "ActivityPub" probably doesn't belong to anyone yet.
in reply to Michal Špondr

@michal

Safest option is just to avoid any trademarks.

If you're using a subdomain for a Fedi server, use generic subdomains like "social.example.com".

If you're talking about the network, call it the Fediverse, no one owns that AFAIK.
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Grow Your Own Services 🌱
@janwillemswane

Yes, you can run Mastodon on a subdomain.

If you use a generic non-trademarked subdomain like "social.example.com" then you will be free to use whatever software you want.

It's best to avoid subdomains like "mastodon.example.com" as this may possibly restrict what software you can use in the future.
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Grow Your Own Services 🌱
@lightweight @rimu

The document says they do automatically allow you to use the word "mastodon" in a domain name if you comply with their terms.

So, you don't need to actively ask permission, but by using the word "mastodon" in a domain name you are agreeing to obey the terms of that document.
in reply to Grow Your Own Services 🌱

What if I want to run an instance dedicated to the homonymous metal band, or to ancient extinct mammals, and therefore "Mastodon" doesn't hold any reference to the social network?

Sometimes I can see the argument for brand recognition, unless the brand name is a word in the English vocabulary. If you want brand name protection, then you should pick a name that isn't on the vocabulary. You can't own a vocabulary word and prevent people from using it.
in reply to Fabio Manganiello

@blacklight

I am not a lawyer, so I have no idea how those scenarios would play out in court! 😁

But as a non-lawyer it seems easier just to avoid using the word in the domain name?

You would still be unrestricted in using the word "mastodon" in discussions online, for example about the extinct animal or about the band. These legal terms only apply to branding of social networks, including domain names.
in reply to Grow Your Own Services 🌱

Sure, but I don't see why e.g. an instance dedicated to Mastodon (the band) fans couldn't named "mastodon.lovers.com", or an instance for paleozoologists couldn't be named "mastodon.research.gate".

I know that such a litigation may go on forever in courts (see Apple Records vs. Apple Computers, which has been going on for more than three decades), but IMHO it could be completely avoided if the dominant doctrine was "you can ask trademark protection only if the name of your business didn't exist before your business was created".

Under such a doctrine, for example, Twitter may ask for trademark protection, because "Twitter" wasn't a word in the vocabulary before the company invented it, so if you use "Twitter" as part of your domain/subdomain you are clearly ripping off a word that uniquely references a certain company/product.

I'm just not sure if this can/should apply to Mastodon, or any words with multiple non-overlapping meanings.
in reply to Fabio Manganiello

Apple v Apple is actually an interesting precedent. The ruling was that both the companies were allowed to use the same name, since it was a common word in the English vocabulary, as long as Apple Records stayed out of the computer business and Apple Computers stayed out of the music business (non-overlapping domain doctrine).

In fact, the case was reignited when Apple released a MIDI interface for its computers, and again when it released the iPod, and again when it released Apple Music.

So I guess that an instance dedicated to Mastodon (the band) may legally be allowed to use the name in the domain, as long as there's no confusion about scopes? After all, Eugen himself admitted that he's a fan of the band, and their name influenced the decision for the name of the social network, and I haven't seen the band suing him for trademark violation...
in reply to Fabio Manganiello

@blacklight

I don't know, but I am guessing most server owners (who won't be dedicated to the band or 🐘 ) will simply want to avoid such complications and uncertainties?

The Beatles Apple thing is a very interesting case though. Would it have happened if it had been a struggling unknown band without any money?
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Grow Your Own Services 🌱
@Cleopatra @michal

It makes sense from his point of view legally, but at an emotional level it conflicts with the open decentralised ethos of the Fediverse, where no one owns the network.

This is just a guess, but I don't think most people realise that the work "mastodon" is a trademark owned by a central legal entity?

The good news is you can avoid all this by choosing a domain name that doesn't mention that word.
in reply to Grow Your Own Services 🌱

It is important to also mention: You can aks for permission to use it, see the section "Server Guidelines".
in reply to DoCh_Dev

You can, it's part of their terms.

But it's their decision on giving permission, and on what those terms are, as they own the trademark.

Just to make clear, the terms do automatically grant permission as long as you aren't breaking the terms.
This entry was edited (1 year ago)
in reply to Grow Your Own Services 🌱

Sorry, I should have been clear that I'm specifically talking about using mastodon in a domain, for which they do NOT automatically grant permission. In their trademark policy they explicitly say: "You may not use the Mastodon word mark, or any similar mark, in your domain name, unless you have written permission from Mastodon gGmbH."
in reply to MrClon

@MrClon

Indeed, great point!

This is another reason to talk about the Fediverse rather than Mastodon, no one has trademarked Fediverse.
in reply to Grow Your Own Services 🌱

😟 I haven't thought about this. I hosts my single user instance on a subdomain named "masto".
in reply to

@ixo

I am not sure, to be honest!

It's complicated as other servers will be referring to your server by its current domain name. I cannot find a procedure in the official documentation?

One workaround might be to create a new server and migrate your accounts from the existing server to the new server?

To keep this in perspective, it's unlikely to affect you in the short term, but if you're creating a new server in the future this is something to bear in mind.
@ixo
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Grow Your Own Services 🌱
@insert

I guess it's best to just avoid mentioning software in domains, as you never know whether you'll be running the same software in the future?
in reply to Grow Your Own Services 🌱

I think the advice should be "don't do it if you are not OK with the implications of what you are doing" and sometimes the decision might well be to use, or keep using, the name and to go along with whatever obligations come with it.
in reply to Alan Bell

Well... we don't know what the obligations will be in the future, or who will own the trademark :/

It's permanently tethering your server to whatever the current and future terms of the trademark are.
This entry was edited (1 year ago)
in reply to Grow Your Own Services 🌱

it is. I don't see it as a problem for servers that have already been set up but it would be good for new ones to be a bit more imaginative with their branding, especially if there is some other kind of common purpose to the group, other than being a bunch of Mastodon users.
in reply to Grow Your Own Services 🌱

Sorry, but how is using the name of the product in a hostname not protected nominative use of the mark?
in reply to Grow Your Own Services 🌱

@Cleopatra @michal it’s no different than what Mozilla does. Make significant changes to Firefox, and you can’t call it Firefox any more. Is that less free? Yes. But it also means a stranger can’t ruin the reputation.
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Grow Your Own Services 🌱
@stormy178

As far as I know there is no way of changing the domain name of a Masto server.

The only workaround I know of is to create a new server and transfer your accounts there?

I've heard Calckey software also accepts Mastodon account transfers. If you're comfortable installing that it might be worth a try?
in reply to Grow Your Own Services 🌱

🤷‍♂️ Fuck intellectual property and fuck the cops and prosecutors and judges that protect it