Hi, I don't know if this proves anything, but I was interested in
determining the license of the dt logo. I found this on Wikipedia:
http://en.wikipedia.org/wiki/Darktable#mediaviewer/File:Darktable_icon.svg
...with the following text accompanying the logo:
This work is free software; you can redistribute it and/or modify it under
> the terms of the GNU General Public Licenseas published by the Free
> Software Foundation; either version 2 of the License, or any later version.
> This work is distributed in the hope that it will be useful, but without
> any warranty; without even the implied warranty of merchantability
> orfitness for a particular purpose. See version 2 and version 3 of the GNU
> General Public License for more details.
-Mark
On Tue, Jun 24, 2014 at 1:00 PM, <
[email protected]> wrote:
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 24 Jun 2014 13:44:50 +0200
> From: Tobias Ellinghaus <[email protected]>
> Subject: Re: [Darktable-users] Want to add DT logo on my website
> To: [email protected]
> Message-ID: <1888463.CBxRK60dLt@liber>
> Content-Type: text/plain; charset="utf-8"
>
> Am Montag, 23. Juni 2014, 14:10:20 schrieb Alexander Wagner:
> > On 06/23/2014 11:29 AM, Tobias Ellinghaus wrote:
> >
> > Hi!
> >
> > >> Probably, it would be a good idea to place some stanza concerning this
> > >> on the website. Though there is no need for this as it is ruled by GPL
> > >> already, I think it might be worthwile to express it explicitly as
> > >> especially in the arts (like photography ;) one usually has only
> > >> commercial licenses. Probably, even providing an html-snippet with the
> > >> linkback and proper logo would be helpful.
> > >
> > > Actually I am not sure what license the logo is under. Or who has a
> say in
> > > that (i.e., who contributed to the file). Without that being clear we
> > > shouldn't encourage people to use the logo. Or maybe it is clear and I
> > > just forgot the details. ;)
> >
> > If dt is GPL, then the artwork, IMHO being part of dts /code/, has to be
> > GPL as well. And then GPL applies. In principle, no need to track down
> > people, and more specifically no need to ask. That's why you specify the
> > license in the first place: you /don't want/ to be asked every time.
>
> That would only be true if there was a file that explicitly said that
> everything in the repository was GPL ? and even then I am not completely
> sure.
> There is a reason why all the source files state that they are under GPL
> in the
> header. Besides, it is quite common for artwork, logos or other
> accompanying
> data to be under a different license as the program itself. See for
> example our
> usermanual.
>
> > Additionally, if I contribute to an OS project being under GPL I also
> > assume GPL applies to all parts, and I even explicitly consent to that
> > license as well for my parts. Otherwise, to the best of my knowledge, my
> > stuff would break GPL and I just can't contribute. So I have to consent
> > to GPL again, and GPL applies again.
>
> Yes, that is true for changes to our code as that is explicitly GPL, and
> every
> change you do and submit to us is technically a release of a derivative
> work
> to the public, so it automatically becomes GPL again and we can just take
> it
> and add it to our code.
>
> > Instead of GPL one could, in principle, have a license compatible with
> > GPL within the project, but then it's at least compatible and reuse
> > would be allowed at least in the limits of GPL again. To be compabible
> > you'd need to allow at least as much as GPL or more, but not less. So
> > one would be safe in the limits of GPL again.
>
> True, for example we have a few parts that were borrowed from others and
> that
> are under a BSD license with our changes we put on top being GPL which
> makes
> the whole thing GPL. But that still only affects our source code. Graphics
> like
> SVG files are not linked into the program and not compiled in.
>
> Note that we already made the implicit assumption that our logo IS in fact
> under a license compatible with GPL because at one place we DO compile it
> into
> the program. But that isn't canonical truth, it's just that we did it that
> way.
>
> > As an example from the CC world, which is a bit easier due to the
> > "steps" they use (but useless for code): CC-BY is compabible to CC-BY-SA
> > but not vice versa as the latter imposes a/the sensible limit to the
> reuse.
> >
> > Probably, the only point one might discuss, is, wether a logo is code in
> > the framework of GPL. I'd argue that SVG (icon of dt) is code even more
> > as it is included in dt's git and used for buidling the package. You use
> > it within your code in the upper left of the main window not only for
> > the desktop object. In my book this is code, thus GPL applies, it is
> > ignorant of the language of code.
>
> This would only be true for files compiled into the program, linked to the
> program or similar things. Files loaded and displayed during runtime are
> not
> affected. Otherwise Firefox could only show open source websites.
>
> > It seems, that Wikipedia shares this view: at least they use the DT logo
> > on the Wikipedia pages about dt. They mention Klaus Staedtler as author
> > and Wikipedia requires you to use at least something like CC-BY-SA. So
> > if they don't remove it as being GPL I'd argue that every photographer
> > might use it as well as the NC stanza is not assumed by them to apply.
> > (No, Wikipedia is not perfect, but usually they are a bit picky when it
> > comes to licenses.)
>
> That license statement only says that the file shown there is under
> CC-BY-SA.
> It doesn't have to be the very same file we have in git, it might also be
> a re-
> draw (which I don't think it is, just saying).
>
> > A bit difficult IMHO will be the images and texts on the dt webpages.
> > Those are licensed CC-BY-NC-SA. In the context of professional
> > photography lawyers may argue that using them in this context
> > constitutes a "commercial" use. Note that this would have to be dts (or
> > the authors) lawyers. ;)
>
> I don't get this. The authors release their work under some license, they
> themselves can do whatever they want with it. Even show NC stuff on a
> commercial site. man dual licensing.
>
> > In my experience as soon as lawyers see the NC they get very creative
> > about the word "commercial". For non-lawyers, like me, those discussions
> > are a bit un-earthly and utterly strange. One example is a beneficiary
> > concert, say for a childrens cancer fund, using CCBYNC-music and selling
> > beer to the participants where the earnings end up in that very fund. In
> > my book clearly non-commercial use of the music, lawyers still dicuss
> > that point heavily where one argument goes like: you'd not sell as much
> > beer without the music so the music is stimulating your beer sellings
> > which is commercial act even though its sold for the public good which
> > doesn't matter, you sell and pay the brewery. I'm not sure that one has
> > to buy this argument. But as the disscussion goes this is indeed
> > considered valid...
>
> (This is getting a little OT, but I personally agree with lawyers saying
> that
> a beneficiary concert is still a commercial event.)
>
> > Anyway, considering the NC here and switch to a -SA alone might solve
> > the issue, even without harming the purpose. Point is the very small
> > area where the NC actually prevents a commercial use. cf.
> > http://creativecommons.org/freeworks
>
> It would be next to impossible to drop the NC part of the website as
> everyone
> ever having edited it would have to agree. And I don't see any problem with
> having it NC. If someone with commercial interests wants to use parts of
> our
> website he can just contact us/the authors and ask for permission.
>
> Tobias
>
> PS: All I wanted to point out in my original mail was that while it is
> probably no problem at all we might want to clarify the legal state of our
> assets like the logo.
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