On 06/14/2012 01:53 PM, drew wrote:
Thanks to both of you for all this enlightening information, esp the clause about trademarks in ALv2. I'll need to take a closer look at the LGPL etc to see how this is covered there. I think I have a much better idea of what is actually going on now, and will just drop this thread.On Thu, 2012-06-14 at 13:54 -0400, Rob Weir wrote:On Thu, Jun 14, 2012 at 1:33 PM, drew<[email protected]> wrote:On Thu, 2012-06-14 at 10:01 -0700, Kay Schenk wrote:<snip>I did not think it correct, back to my goal, I'm thinking is to license each piece and the whole under Creative Commons 3, No-Derivative. I don't care about attribution and I thought about non-commercial also.. http://lo-portal.us//aoo/temp/AOO34-cd-folded-win.png (bottom of back cover :) so I would be using this CC3-by-nd for each piece and for the iso image as a whole. I think with that then , I'm comfortable actually asking the project (and ASF) for permission to use the 'real' logo this way. What do you think?The problem is this. You are not asking permission (as far as I can tell) to distribute a CD with the given art work, along the lines of what Hirano-san did a while back. You are asking permission to use the logo in artwork where others (unknown to us) would then be downloading he artwork and would be doing the redistribution. So even if we did give you permission to use the logos, that permission would not be transferred to the 3rd parties. Expressed another way: Your art work is a sum of three sets of rights: 1) The rights of the copyright holders of the underlying graphical elements that you have reused. 2) Your rights to your original creation. 3) ASF's rights to control use of its trademarks. #1 is already taken care of by the applicable license, whatever it is. #2 is whatever you want it to be, so long as it is compatible with #1. You determine the license you want. #3 We can give permission for you to use the logo. We've done that before. But that is purely from your perspective. What about the perspective of the person using art work and affixing it to a CD? #1 and #2 are OK. Open source licenses transfer rights. That is a core principle. But from trademark perspective, this is not true, so giving you permission to use the logo doesn't help those who download your artwork. And I think it would be unlikely for us to grant that permission without a set of constraints similar to what we did with the "Get it here!" logo. Hopefully this makes sense. -RobWell given this response...more questions Rob, are you saying, that since some of the "artwork" on the site that contains logo(s), whose use has been previously given; and even though these pieces of art have already been licensed in some way allowing perhaps for modification, that because they contain a logo (trademarked) that people wanting to use these art pieces have to again ask permission because of the logo inclusion? This seems to be counter to the licenses attached to these entities to me.Howdy Kay, Rob Actually I don't think it is really - and in reading Rob's reply he and I are looking at, thinking about the same difference here. This is not the same IMO as requesting to produce a run of CD's, or a single publisher's request. Precisely why I've been so obtuse, perhaps. Where we (rob and I) I think diverge is what happens with the CC By-ND license, it seems to me to fulfill the requirements needed.OK. I didn't notice the significance of the ND. That might work. But we'd need to connect the dots, e.g., the ISO is ND, and the artwork can only be used with that ISO, etc.Right - and why I said earlier "using this CC3-by-nd for each piece and for the iso image as a whole." Will stop hijacking this thread then and pop back to the thread about the cd image with specifics and see about posting the actual email to the PPMC/Trademark groups requesting permission to proceed in the morning. Thanks, //drewAnyone could use the files to produce a CD and then give it away, sell it even, without any contact - but they can not legally alter anything, I have not transfered any rights to any trademarks whatsoever, in fact should someone contact me and ask to make alterations I would have no right to allow them to to do so, of course they would be welcome to do so _BUT_ that immediately means that they then need to clear the use of the trademarks with the project directly. Least that is how I see it. Thanks for your feedback, //drew
It would be nice to provide our users with a bit more user-friendly information so I will think about all this and visit in a few days.
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MzK
"There's no crying in baseball!"
-- Jimmy Dugan (Tom Hanks), "A League of Their Own"
