Edge cases in copyright.

1 risposta [Ultimo contenuto]
Other_Cody
Offline
Iscritto: 12/20/2023

Legal disclaimer. I'm not a laywer. If anyone needs a laywer I'm not one. End of legal disclaimer.

https://en.wikipedia.org/wiki/Disclaimer

Small first part i.e. the trademark mostly part.

WarMUX has Bugzilla Team and Firefox team as player team names.
The names Bugzilla and Firefox are trademarks of Mozilla.
https://en.wikipedia.org/wiki/Bugzilla
https://en.wikipedia.org/wiki/Firefox#Trademark_and_logo

I found a trademark policy at these links. Though I do see trademark things can sometimes be used/distribution_by_others, just some may need to be removed if anything is being sold. As the trademark policy of Mozilla prohibits selling with

"Don’t use Mozilla trademarks on merchandise for sale"

so selling WarMUX with the trademarked names in it may not be done.

https://www.gnu.org/philosophy/selling.html

Mozilla reserves the right to change this Unaltered Software Distribution Policy by posting changes on this webpage.

So Mozilla may revoke use/distribution at any time.

https://www.gnu.org/philosophy/free-sw.html

"In order for these freedoms to be real, they must be permanent and irrevocable as long as you do nothing wrong; if the developer of the software has the power to revoke the license, or retroactively add restrictions to its terms, without your doing anything wrong to give cause, the software is not free. "

https://www.mozilla.org/en-US/foundation/trademarks/policy/
https://www.mozilla.org/en-US/foundation/trademarks/distribution-policy/
https://www.mozilla.org/en-US/foundation/trademarks/list/

I do not know if Mozilla may change it's policy but the images may also be copyrighted.

But these images could also be abandoned, as trademarks may need to be "actively used and defended." or the holder may lose the trademark.

At least according to some of Wikipedia's current pages.

https://en.wikipedia.org/wiki/Trademark_infringement#Genericness
https://en.wikipedia.org/wiki/Trademark_infringement#Abandonment

2nd part, the copyright part, mostly. These characters may be both copyrighted and trademarked.

Scorched3D has Bender from Futurama.
https://en.wikipedia.org/wiki/Bender_Bending_Rodriguez_(Futurama)

and

Scorched3D has Sonic the Hedgehog from the Sonic franchise.
https://en.wikipedia.org/wiki/Sonic_the_Hedgehog

and an

A.T.S.T Walker from the Star Wars franchise.
https://en.wikipedia.org/wiki/AT-AT#All_Terrain_Scout_Transport_(AT-ST)

and an

AAT from the Star Wars franchise, I think.
https://en.wikipedia.org/wiki/List_of_Star_Wars_air,_aquatic,_and_ground_vehicles#Armored_Assault_Tank_(AAT)
and

Ignignokt from Aqua Teen Hunger Force.
https://en.wikipedia.org/wiki/List_of_Aqua_Teen_Hunger_Force_characters#The_Mooninites

and

Kenny from a TV show called South Park.
https://en.wikipedia.org/wiki/Kenny_McCormick

Though the Kenny one may also look like just someone in a suit for heavy winter snow.

Tux part for a little after.

I do not think Tux policy at

https://isc.tamu.edu/~lewing/linux/

"Permission to use and/or modify this image is granted provided you acknowledge me name at domain and The GIMP if someone asks."

affects the Tux penguin in Scorched3D unless "if someone asks" does not let people have private use of Scorched3D/the_Tux_character somehow.

The "name at domain" was the domain, but it did not show on this page when I was posting it.

Though I do not know if one person/repository does any giving/sharing/using/modifying with a 2nd party will make it so that if a 3rd party asks the first party or 2nd what was shared or even just used/modified privately by the the parties the party asked must "acknowledge name at domain and The GIMP" to the 3rd party even if the 3rd party did not see what was shared/used.

As even though the program/image used/shared/modified privately is not needed to have acknowledgment of it's use by the first party, the 3rd party may more easily guess what was used even privately by the acknowledgment by the first party.

At worst it may just make 3rd parties know that Tux may have been used/modified/shared privately by the parties if the 3rd party asks any of the parties that use/modified/shared Tux images.

So 3rd parties may than know that person is playing a game or using an image with Tux in it.

Defense like part of this post.

I do not think most war vehicle are copyrighted by companies, though I do not know about designs made by companies instead of the militaries themselves.

Those designed by the militaries themselves are almost not likely to have a copyright, at least in America as those are designed by the militarizes are not copyrightable.

https://en.wikipedia.org/wiki/Abandonment_(legal)#Abandonment_of_copyright
https://en.wikipedia.org/wiki/Abandonment_(legal)#Abandonment_of_trademark
https://en.wikipedia.org/wiki/Abandonment_(legal)#Abandonment_of_patent

Though if any of these things, mostly the copyright ones were abandoned, than anyone could more easily use_them/sell_them without being sued for distribution of copyrighted things.

A mistake of fact defense may also be used in-case these have not been abandoned.

https://en.wikipedia.org/wiki/Mistake_(criminal_law)

Trademark dilution may be caused by things not distributed directly from the holders website, or from those who have not purchased a license from the company for distribution, and maybe also copyright, so that may mean these things have not been "actively used and defended" and have been abandoned by the holders.

https://en.wikipedia.org/wiki/Trademark_dilution

Blurring and tarnishment may also weaken the trademarks by game play that is be thought of as "unsavory or unflattering associations/gameplay" by the players of the game or the nature of the game.

https://en.wikipedia.org/wiki/Trademark_dilution#Blurring_and_tarnishment

I do not know much about these games or trademarked/copyrighted_things, so I do not know if it will tarnish the reputation of these trademarks or blur what types of media these things are normally in.

Also companies may claim loss of company profits if these characters are used in games freely distributed.

As the company may not sell as many of their games or anything they use the things in, such as character skins/models.

Even though that may be just because those getting these programs may be making a mistake of fact, and did think these are freely licensed, and did not check with the company as they may have liked the character, but not the company, or just checked the license placed in these.

Though if doing a boycott I would suggest not using products that look like the products of the company you are boycotting.

So as not to be thought of as infringing things, or thought of as buying from that company possibly weakening the boycott.

https://en.wikipedia.org/wiki/Boycott

The characters in here may be fair use cases, but I do not know.

https://en.wikipedia.org/wiki/Fair_use

I thought to name the topic this as I thought the CUDA code in Darknet was proprietary software as the language is proprietary so I thought anything made in that language was/is proprietary also.

https://en.wikipedia.org/wiki/CUDA

https://trisquel.info/en/forum/edge-cases-free-software

I did not know how a proprietary language could be used to make libre software.

https://www.gnu.org/proprietary/proprietary.html

https://www.gnu.org/philosophy/java-trap.en.html

I'm posting this in the forum before posting it at

https://gitlab.trisquel.org/groups/trisquel/-/issues

so it can be discussed.

Other_Cody
Offline
Iscritto: 12/20/2023

I also posted at https://forums.hyperbola.info/viewtopic.php?pid=8361#p8361

in-case anyone wishes to see more of what other distros think about these types of things.

I hope reporting these helps. I do not yet know much about making patches, but I hope this can still somehow help.