Subject: Re: [lo] Re: Flag logo CPU badges?
To: None <netbsd-advocacy@netbsd.org>
From: Alexander Chamandy <bsdfreak@gmail.com>
List: netbsd-advocacy
Date: 02/13/2005 17:24:30
On Sun, 13 Feb 2005 17:21:47 -0500, Jan Schaumann
<jschauma@netmeister.org> wrote:
> Alexander Chamandy <bsdfreak@gmail.com> wrote:
> > > The NetBSD Flag image was drawn as an entry in the NetBSD logo contes=
t.
> > > Ownership of the image was transferred to The NetBSD Foundation, and =
the
> > > image and any parts thereof are Copyright (=A9) 2004 by The NetBSD
> > > Foundation. All rights reserved. Non-commercial and personal use of t=
he
> > > image is permitted, provided that it remains unmodified. Mass
> > > production, commercial use, or use of a modified copy of the image
> > > requires explicit written permission. Permission may be obtained by
> > > writing to The NetBSD Foundation at |<board@NetBSD.org
> > > <mailto:board@NetBSD.org>>|."
> >
> > *Non-commercial and personal use of the
> > image is permitted, provided that it remains unmodified.*
> >
> > How was BSDFreak's usage commercial?  We were donating *ALL* funds
> > back to TNF, not to mention, BSDFreak is not a for-profit site.  All
> > funds generated by BSDFreak by advertising or BSDFreak's own
> > merchandise sales are used for operational costs, promotions and
> > donated back to the community accordingly.
>=20
> IANAL, but it seems to me that using funds generated through the use of
> a copyrighted image to promote one website and to continue operating the
> site through which said image is sold does not constitute personal use
> and could very well be interpreted as commercial use.

To correct this assumption, I'll state once more that the revenues
generated through the NetBSD image ($2.00) would be donated to TNF,
all revenues generated through BSDFreak advertising and BSDFreak
merchandise would be used for BSDFreak operational costs.


--=20
Best wishes,

Alexander G. Chamandy
Webmaster
www.bsdfreak.org
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