Copyrights...
Thursday, April 17, 2003 by Jafo | Discussion: WinCustomize Talk
An example of what 'we' do in order to ascertain what's what in the world of graphic use....
A WMP skin was recently uploaded [and approved] here, using graphics extracted from a gif, and subsequently re-animated via the proggy itself. Was it a 'rip'?
Unfortunately, yes....even ignoring the issues that the 'gif' format is a proprietary format, ostensibly requiring royalty payment, the gif itself 'may' have been free for use and distribution, but looking more closely into the site concerned you read the word 'unmodified' and bang, yer stuck.
The work therefore was not a permissable upload and was withdrawn.
Here's the relevant 'clause' from the originating site...
DISTRIBUTION
You are hereby licensed to make as many copies of this software as you wish; give exact copies of the original version to anyone; and distribute the software in its unmodified form via electronic and physical means (diskettes, CD-ROMs, DVDs, etc). There is no charge for any of the above. You are specifically prohibited from charging, or requesting donations, for any such copies, however made.
A WMP skin was recently uploaded [and approved] here, using graphics extracted from a gif, and subsequently re-animated via the proggy itself. Was it a 'rip'?
Unfortunately, yes....even ignoring the issues that the 'gif' format is a proprietary format, ostensibly requiring royalty payment, the gif itself 'may' have been free for use and distribution, but looking more closely into the site concerned you read the word 'unmodified' and bang, yer stuck.
The work therefore was not a permissable upload and was withdrawn.
Here's the relevant 'clause' from the originating site...
DISTRIBUTION
You are hereby licensed to make as many copies of this software as you wish; give exact copies of the original version to anyone; and distribute the software in its unmodified form via electronic and physical means (diskettes, CD-ROMs, DVDs, etc). There is no charge for any of the above. You are specifically prohibited from charging, or requesting donations, for any such copies, however made.
bakerstreet
Reply #2 Friday, April 18, 2003 12:21 AM
Reply #2 Friday, April 18, 2003 12:21 AM
aye, would be no different than one of us saying "sure, pass the skin around as much as you want as long as you use the original zip file with readme". No one would appreciate someone pulling an image out of the zip to use in something else. Good call. 
moshi
Reply #3 Friday, April 18, 2003 5:05 AM
Reply #3 Friday, April 18, 2003 5:05 AM
freeware is not Open Source is not public domain.
maybe something for a FAQ.
maybe something for a FAQ.
craeonics
Reply #4 Friday, April 18, 2003 5:38 AM
Reply #4 Friday, April 18, 2003 5:38 AM
Indeed, stick it in the FAQ.
Perhaps skinners should stick a little license in their skin .zips, explaining exactly what people are and are not allowed to do with the skin.
Argh, things were so much simpler in Ye Olden Days, before we worried about copyrights and ripping...
Perhaps skinners should stick a little license in their skin .zips, explaining exactly what people are and are not allowed to do with the skin.
Argh, things were so much simpler in Ye Olden Days, before we worried about copyrights and ripping...
craeonics
Reply #5 Friday, April 18, 2003 5:40 AM
Reply #5 Friday, April 18, 2003 5:40 AM
Hmm, perhaps we need a "GPL for Skinning" that people can use. Anyone feeling creative today?
moshi
Reply #6 Friday, April 18, 2003 9:57 AM
Reply #6 Friday, April 18, 2003 9:57 AM
won´t help at all. see the skin featured today (Orilla)? the guy is using an icon by jimmac on the logoff window. this icon is released under GPL. if anybody would take the time to read the GPL it states crystal clear that derivative work has to be released under GPL as well and a copy of the GPL has to be included in the distributed work. jafo: $LiteStepDir$license.txt
moshi
Reply #7 Friday, April 18, 2003 10:26 AM
Reply #7 Friday, April 18, 2003 10:26 AM
link to the original: http://jimmac.musichall.cz/gorilla.php3?ikona=emblem-fun.png
Jafo
Reply #8 Friday, April 18, 2003 4:09 PM
Reply #8 Friday, April 18, 2003 4:09 PM
moshi...the artist has been notified to include the GPL.
Thanks for the heads-up...
Thanks for the heads-up...
Jafo
Reply #9 Friday, April 18, 2003 4:51 PM
Reply #9 Friday, April 18, 2003 4:51 PM
moshi....in this case the work was a third-hand one....where often the 'plot' is lost with regards to the on-going posting requirements.
It's quite common that derived works lose such things.
For a while there I was one of the few actually posting the Public Licence with my LiteSTEP themes as a matter of course [as I included the actual exe file]...and even now I still list the originator's credits...to LoneRunnr....probably not all that many STEPpers even know who he is...
Anyway, this omission was very promptly sorted since it was pure oversight and not intentional...
It's quite common that derived works lose such things.
For a while there I was one of the few actually posting the Public Licence with my LiteSTEP themes as a matter of course [as I included the actual exe file]...and even now I still list the originator's credits...to LoneRunnr....probably not all that many STEPpers even know who he is...
Anyway, this omission was very promptly sorted since it was pure oversight and not intentional...
Aqua.
Reply #10 Friday, April 18, 2003 6:14 PM
Reply #10 Friday, April 18, 2003 6:14 PM
Regarding the GIF issue.
The fee is paid by people who make the program that generates GIF images.
It is free to generate GIF images from these programs as the fee has already been paid.
Aside: It's not the GIF format that is at issue, it's the LZW compression.
The fee is paid by people who make the program that generates GIF images.
It is free to generate GIF images from these programs as the fee has already been paid.
Aside: It's not the GIF format that is at issue, it's the LZW compression.
paxx
Reply #11 Friday, April 18, 2003 8:04 PM
Reply #11 Friday, April 18, 2003 8:04 PM
Aqua, it is the the GIF format that is the issue, it's the act of modifying the Royalty Free image, although the distribution agreement, it specifies that the image cannot be modified. Since the GIF was pulled apart into a strip animation instead, it has then been modified.
grayhaze
Reply #12 Saturday, April 19, 2003 4:56 AM
Reply #12 Saturday, April 19, 2003 4:56 AM
I think Aqua was talking about the license fee to implement the GIF format and its creation into an application paxx. The plot just got lost somewhere...
Jafo
Reply #13 Saturday, April 19, 2003 6:07 AM
Reply #13 Saturday, April 19, 2003 6:07 AM
Yes...plot went walkies...
Decompiling the gif animation is the problem here with this specific work. It is not allowed under the 'rules' of DISTRIBUTION that is posted on the parent originating site...
Decompiling the gif animation is the problem here with this specific work. It is not allowed under the 'rules' of DISTRIBUTION that is posted on the parent originating site...
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Reply #1 Thursday, April 17, 2003 11:58 PM
maby a dansing dolphin...