distributing a restricted branding icon OK?

2011-03-15 Thread Gabriel Burt 
We are working on an eMusic.com extension to Banshee.  They allow use
(http://www.emusic.com/affiliate/affiliate_faq.html#9) of their
unmodified logo.

Bruce said back in 2005 (on
http://lists.debian.org/debian-project/2005/08/msg00069.html):

  When creating the DFSG, I recognized, and respected, the right of authors to
  manage their own brand using trademarks, and to restrict the use of those
  trademarks in derived works as long as DFSG-compliant use of the software
  would be possible after a brand substitution.

Is changing http://www.emusic.com/favicon.ico to a PNG modifying it?

Assume it's not, would we be OK including that image in our Debian
package of Banshee?

Thanks,

Gabriel


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Re: distributing a restricted branding icon OK?

2011-03-15 Thread Josselin Mouette 
Le mardi 15 mars 2011 à 11:54 -0500, Gabriel Burt a écrit : 
 Is changing http://www.emusic.com/favicon.ico to a PNG modifying it?
 
 Assume it's not, would we be OK including that image in our Debian
 package of Banshee?

No, it would not. This icon is not free, in terms of copyright - and
that’s regardless of any trademark issues.

-- 
 .''`.
: :' : “You would need to ask a lawyer if you don't know
`. `'   that a handshake of course makes a valid contract.”
  `---  J???rg Schilling


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Re: distributing a restricted branding icon OK?

2011-03-15 Thread Hendrik Weimer 
Gabriel Burt gabriel.b...@gmail.com writes:

 Is changing http://www.emusic.com/favicon.ico to a PNG modifying it?

 Assume it's not, would we be OK including that image in our Debian
 package of Banshee?

The way iceweasel handles non-free search engine logos is to download
them into the user's local profile when needed.

Hendrik


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