8:44 a.m.
As some of you may know, Shadowman from Red Hat Magazine is a very good
friend of mine. He passed this along to me to share with the Fedora
community. :)
--g
---------- Forwarded message ----------
Date: Tue, 14 Mar 2006 23:37:50 -0500
Subject: Ask Shadowman
Dear Shadowman,
I've got a wallpaper that started as a face drawn with ballpoint pen by my
2-1/2 year old daughter, Mia. I continued where she left off, adding a
fedora, shadows, veins (in the eyeballs), a cigarette, a tie and a jacket.
Then I scanned it with xsane and used the gimp to add a nice background.
Finally, I ripped a Fedora logo from a Fedora Core 5 Test 3 virtual
machine (I used gftp to 'send' it to the PC running the virtual machine
and added it to the wallpaper with the gimp). Anyway, I have a feeling
you'd like it. Where can I send it, so that it can be included with the
next release of Fedora Core?
The wallpaper is located at http://www.miabrown.com/images/fedora01a.jpg
Steve Brown
-------------------------------------------------------------
Greg DeKoenigsberg || Fedora Project || fedoraproject.org
Be an Ambassador || http://fedoraproject.org/wiki/Ambassadors
-------------------------------------------------------------
8:57 a.m.
"Access Denied."
And, um, you do realise that Fedoras, and ripping the logo isn't allowed, yes?
Clair
On Wednesday 15 March 2006 14:44, Greg DeKoenigsberg wrote:
As some of you may know, Shadowman from Red Hat Magazine is a very
good
friend of mine. He passed this along to me to share with the Fedora
community. :)
--g
---------- Forwarded message ----------
Date: Tue, 14 Mar 2006 23:37:50 -0500
Subject: Ask Shadowman
Dear Shadowman,
I've got a wallpaper that started as a face drawn with ballpoint pen by my
2-1/2 year old daughter, Mia. I continued where she left off, adding a
fedora, shadows, veins (in the eyeballs), a cigarette, a tie and a jacket.
Then I scanned it with xsane and used the gimp to add a nice background.
Finally, I ripped a Fedora logo from a Fedora Core 5 Test 3 virtual
machine (I used gftp to 'send' it to the PC running the virtual machine
and added it to the wallpaper with the gimp). Anyway, I have a feeling
you'd like it. Where can I send it, so that it can be included with the
next release of Fedora Core?
The wallpaper is located at http://www.miabrown.com/images/fedora01a.jpg
Steve Brown
-------------------------------------------------------------
Greg DeKoenigsberg || Fedora Project || fedoraproject.org
Be an Ambassador || http://fedoraproject.org/wiki/Ambassadors
-------------------------------------------------------------
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9:14 a.m.
Clair wrote:
"Access Denied."
works for me.
And, um, you do realise that Fedoras, and ripping the logo isn't
allowed, yes?
Careful there. We havent established a written set of guidelines yet for
using the logo though we have a temporary system in place for now
(http://fedoraproject.org/wiki/Logo) and we should be doing so as soon
as possible and this usage isnt any sort of ripping. Its good that
people are passionate about Fedora to play with it and produce these
sort of things. We are discussing setting up a gallery to encourage more
creative fan artwork and let them share the results with the rest of us
in an easy way.
https://www.redhat.com/archives/fedora-websites-list/2006-January/msg0004...
Rahul
On Wednesday 15 March 2006 14:44, Greg DeKoenigsberg wrote:
>As some of you may know, Shadowman from Red Hat Magazine is a very good
>friend of mine. He passed this along to me to share with the Fedora
>community. :)
>
>--g
>
>---------- Forwarded message ----------
>Date: Tue, 14 Mar 2006 23:37:50 -0500
>Subject: Ask Shadowman
>
>Dear Shadowman,
>
>I've got a wallpaper that started as a face drawn with ballpoint pen by my
>2-1/2 year old daughter, Mia. I continued where she left off, adding a
>fedora, shadows, veins (in the eyeballs), a cigarette, a tie and a jacket.
>Then I scanned it with xsane and used the gimp to add a nice background.
>Finally, I ripped a Fedora logo from a Fedora Core 5 Test 3 virtual
>machine (I used gftp to 'send' it to the PC running the virtual machine
>and added it to the wallpaper with the gimp). Anyway, I have a feeling
>you'd like it. Where can I send it, so that it can be included with the
>next release of Fedora Core?
>
>The wallpaper is located at http://www.miabrown.com/images/fedora01a.jpg
>
>Steve Brown
>
>-------------------------------------------------------------
>Greg DeKoenigsberg || Fedora Project || fedoraproject.org
>Be an Ambassador || http://fedoraproject.org/wiki/Ambassadors
>-------------------------------------------------------------
>
>
>--
>Fedora-marketing-list mailing list
>Fedora-marketing-list(a)redhat.com
>https://www.redhat.com/mailman/listinfo/fedora-marketing-list
>
>
--
Fedora-marketing-list mailing list
Fedora-marketing-list(a)redhat.com
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Rahul
9:46 a.m.
On Wed, 15 Mar 2006, Clair wrote:
And, um, you do realise that Fedoras, and ripping the logo isn't
allowed, yes?
Considering I'm the guy who spends more time with the Red Hat lawyers than
anyone else in the Fedora community combined, yes -- I'm pretty sure I
know what the dos and dont's are.
And when a lawyer comes to me and says "this silly mockup on a website is
an improper use of our logo," I'm going to point them to this little law
called "fair use". Specifically, to the "parody" clause. Protected
speech under the US constitution, dontchaknow.
--g
-------------------------------------------------------------
Greg DeKoenigsberg || Fedora Project || fedoraproject.org
Be an Ambassador || http://fedoraproject.org/wiki/Ambassadors
-------------------------------------------------------------
10:05 a.m.
On 3/15/06, Greg DeKoenigsberg <gdk(a)redhat.com> wrote:
And when a lawyer comes to me and says "this silly mockup on a
website is
an improper use of our logo," I'm going to point them to this little law
called "fair use". Specifically, to the "parody" clause. Protected
speech under the US constitution, dontchaknow.
what is being parodied here? I look at that and I see a parody of
shadowman... not a parody of "fedora." I mention it, because there
are established limits on how protected mark A can be used in a
composition parodying protect mark B. If he had made a parody of the
fedora mark in the same style as his free-handed shadowman i think
your lawyers wouldn't even have batted an eye. As it stands, they
might rapidly blink for a few seconds like they are staring into the
sun when they see that image.
A not completely unrelated situation occured between penny-arcade, a
site that does nothing but parody as a genre, and american greetings
the owner of the strawberry shortcake marks. A non-lawyer's thoughts
on the matter can be found
at http://www.scalzi.com/whatever/002368.html
-jef"Does the argument I made about the limitation on parody hold up?
Who cares.. I got to make a contextual link to the censored
penny-arcade comic... which is the real goal of every conversation I
get into"spaleta
1:48 p.m.
I have to doubt that even a lawyer cares what a 2 1/2 year old girl does
with a logo. Well Disney lawyers would have her killed, but they're evil.
IANAL but...
It's fair use because:
-it does not commercially impact the original product
-it is not passed off as one's own creation (or has been heavily
recontextualized and comprises an original work)
-intent
But parody and fair use don't apply necessarily, since this is a corporate
mark. So...
Trademark law:
-it only superficially resembles the original mark
-it does not cause confusion in the mind of the consumer
-it is not used to represent a competing company/product in the same
industry
-intent
A (ahem) "good" lawyer would send a cease and desist, just in case, and
likely never even follow up, b/c that's what they do. "Good" trademark and
copyright lawyers like a good old fashioned chilling effect more than they
like litigation. Where they might--*gasp*--lose. In other words, even if a
lawyer says it's wrong, it doesn't mean it is anymore than it's right
becasue they don't say anything about it.
BTW, Penny Arcade could have won. They needed Shortcake's image of innocence
and manufactured air of wholesomeness in order to juxtapose it and deliver
"the shock of the unexpected" (from defense arguments in Disney v. the
crators of Mickey v. The Air Pirates.)
They backed down on the grounds of not caring enough of a shit to deal with
it. American Greetings was just about ot re-launch the brand, and would have
fought to the quick, and maybe even won, and set yet another horrible
precedent for frivolous suits.
--jeremy
On 3/15/06, Jeff Spaleta <jspaleta(a)gmail.com> wrote:
On 3/15/06, Greg DeKoenigsberg <gdk(a)redhat.com> wrote:
> And when a lawyer comes to me and says "this silly mockup on a website
is
> an improper use of our logo," I'm going to point them to this little law
> called "fair use". Specifically, to the "parody" clause.
Protected
> speech under the US constitution, dontchaknow.
what is being parodied here? I look at that and I see a parody of
shadowman... not a parody of "fedora." I mention it, because there
are established limits on how protected mark A can be used in a
composition parodying protect mark B. If he had made a parody of the
fedora mark in the same style as his free-handed shadowman i think
your lawyers wouldn't even have batted an eye. As it stands, they
might rapidly blink for a few seconds like they are staring into the
sun when they see that image.
A not completely unrelated situation occured between penny-arcade, a
site that does nothing but parody as a genre, and american greetings
the owner of the strawberry shortcake marks. A non-lawyer's thoughts
on the matter can be found
at http://www.scalzi.com/whatever/002368.html
-jef"Does the argument I made about the limitation on parody hold up?
Who cares.. I got to make a contextual link to the censored
penny-arcade comic... which is the real goal of every conversation I
get into"spaleta
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2:06 p.m.
On 3/15/06, Jeremy Hogan <jeremy.hogan(a)gmail.com> wrote:
I have to doubt that even a lawyer cares what a 2 1/2 year old girl
does
with a logo.
the 2 1/2 year old didn't do anything with the fedora logo..... the
fedora logo was "ripped" verbatim and slapped on top of the original
artwork by her father. In fact I think the 2 1/2 year old should get
a lawyer and sue her dad for duplicating, modifying and
re-distributing her orignal work. She could very well grow up to be a
very famous artist and her early artwork could endup being valued in
the millions. She's easily got her dad over a barrel in terms of lost
income based on his misappropriation of her property. Child services
might get involved as well because her dad is clearly not acting in
the child's best interest.
-jef"Does the fedora project want to be associated with smoking?
There's another misrepresentation claim right there...."spaleta
8:54 p.m.
On 3/15/06, Jeff Spaleta <jspaleta(a)gmail.com> wrote:
She's easily got her dad over a barrel in terms of lost
income based on his misappropriation of her property.
She can later pen a tell-all, and star as herself in the made-for-tv movie,
deftly going from scandal to pop-kitsch icon a la Patt Hearst. It's in her
best interest that we sue one or both of them now, and get this train wreck
rolling.
--jeremy "hooked on hyphens" hogan
1:52 p.m.
On 3/15/06, Greg DeKoenigsberg <gdk(a)redhat.com> wrote:
As some of you may know, Shadowman from Red Hat Magazine is a very good
friend of mine.
He confided in me over a beer recently that he hates your guts. Sorry you
had to hear it from me. He said--and I quote--"Maybe if he got a hair cut...
nah, then he'd just be another jerk with short hair."
In your defense, he later sucker punched me after too many Bourbons, and
said something about my mother as he left with a waitress under each arm. So
maybe it's him.
--jeremy
6613
days inactive
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days old
marketing@lists.fedoraproject.org
11 comments
7 participants
participants (7)
-
Clair -
Filip Tsachev -
Greg DeKoenigsberg -
Jef Spaleta -
Jeremy Hogan -
Rahul Sundaram -
Tejas Dinkar