Subject: Re: The NetBSD Logo at Wikipedia
To: Christian Hattemer <c.hattemer@arcor.de>
From: Hubert Feyrer <hubert@feyrer.de>
List: netbsd-advocacy
Date: 03/20/2006 20:54:23
On Wed, 15 Mar 2006, Christian Hattemer wrote:
> The only way I see is assuming that the image itself does not meet the
> threshold of originality. It has turned out that it's a difficult question
> to decide whether or not the threshold has been met because any related
> party could plausibly argue for their position.
>
> It seems a definite answer is only possible in court. However from looking
> at various designs that were considered by others not to meet threshold and
> recent discussions it seems that most logos do not meet it. See there:
> http://de.wikipedia.org/wiki/Sch%C3%B6pfungsh%C3%B6he#Werke_der_angewandten_Kunst
>
> Since the NetBSD logo consists of the simple typographic design reading
> "NetBSD" and an abstract image of a flag it seems to fit well in that
> category.
>
> As stated previously this consideration doesn't touch other rights
> (trademark law etc.) connected to the logo.
>
> Since we have consent that the logo should be displayed at Wikipedia I think
> the main point to discuss now is how to get it past the peer reviews there
> and not so much about licensing issues of the logo itself. What do you
> think?
>
> I think with the above points it should be possible to get it there without
> giving up rights or rights that possibly don't even exist.
IANAL
Reading the above link makes me believe that the NetBSD Logo does not get
Copyright protection in Germany, but would it make "public domain"(?).
I understand that there's an option to get trademark protection for the
image in Germany, but as far as I know that is not filed (and won't happen
soon).
Following the believe that the NetBSD logo is not copyrighted in Germany,
I think that would suffice to display it in Wikipedia (as you said).
Is that correct?
> I've already toyed with the idea to upload the image using
> http://de.wikipedia.org/wiki/Vorlage:Bild-PD-Markenrecht and a link to the
> license on NetBSD.org.
That seems to make sense (applying the above assumptions).
- Hubert