Subject: Re: Penguin Butcher T-Shirts
To: Sue Blake <sue@welearn.com.au>
From: Chris G. Demetriou <cgd@netbsd.org>
List: netbsd-advocacy
Date: 06/10/1999 17:02:04
Sue Blake <sue@welearn.com.au> writes:
> No, that's completely wrong. If you draw your own daemon from scratch
> you are still infringing Kirk's copyright on the daemon.

I suggest you go look at some copyright law information or consult a
copyright lawyer.  I am not a lawyer, but, from all readings about and
from all understanding of copyright that I have been exposed to, in a
nutshell, it's only infringing his copyright if you use his images
(directly, or in derived works).  You will note that Kirk doesn't even
claim copyright for all of the images on his BSD daemon images page.
This is for good reason; it is not his copyright to claim.

You may be thinking of trademark, but i've seen nothing indicating
that he claims the BSD daemon images as his trademark(s).  Certainly,
he does not say that he does on his web pages.

One decent place to look for more information about this kind of
stuff, if you are so inclined, is the Copyright FAQ floating about out
there on the net.


> It is
> appropriate to ask permission even if you do it in good taste and for
> BSD purposes.

If that were the case, then any time anybody drew a daemon/demon
image, they'd have to go ask Kirk's permission.  Quite frankly, that's
ridiculous on it's face.


> As for the proposed idea, [...]

I can't argue with that.  However, if people want to do "bad daemon"
art, that's really up to them.  If they start by drawing their own
daemon, they can do what they want with it.




cgd
-- 
Chris Demetriou - cgd@netbsd.org - http://www.netbsd.org/People/Pages/cgd.html
Disclaimer: Not speaking for NetBSD, just expressing my own opinion.