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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", you can be sued by Eugen's organisation if you don't comply with their terms:

joinmastodon.org/trademark

For example, this would potentially make it illegal to switch to software unapproved by Mastodon gGmbH.

17 comments
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@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.

Michal Ε pondr

@homegrown 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.

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@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.

Cleopatra

@michal @homegrown
Makes perfect sense to me that he'd want to retain some rights since his name is on the tin 🀷
Even famously concensus-driven places like wikipedia just cannot exist without a 'high court' that has final say in what gets published and who gets banned

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@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.

MrClon

@homegrown most people even don't realize that mastodon β‰  fediverse :(

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@MrClon

Indeed, great point!

This is another reason to talk about the Fediverse rather than Mastodon, no one has trademarked Fediverse.

Natty :butterflyN:

@homegrown@social.growyourown.services Imagine naming something "mastodon.social" when it could be named something like "gaypirateassassins.club" ​:blobCat_mlem:​

Fabio Manganiello

@homegrown 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.

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@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.

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