Re: Kopete is (maybe) violating a copyright of a tv channel

On Monday, September 27, 2010, Jonathan Riddell wrote:
> On Thu, Sep 23, 2010 at 11:43:02AM +0200, serenity wrote:
> > Hi folks,
> > 
> > i just found a icon in kopete that may violate the rights of a german TV
> > channel called ProSieben: http://en.wikipedia.org/wiki/ProSieben
> > 
> > http://beyondserenity.files.wordpress.com/2010/09/screenshot1.png
> > 
> > (look at the ? in the extras to spot the icon)
> > 
> > They distribute a modded version of the original ICQ client and some of
> > the modding is an xtraStatus-Icon with their logo. This icon is also
> > available in kopete. Might be a good idea to remove this icon, before
> > their lawyers get in touch.
> 
> It's a tiny icon of two simple geometric shapes, it's fair use/fair
> dealing/not large enough to be copyrightable.

fwiw, i'd expect this to be covered by trademark, not copyright, since it's a 
company's logo in there. in which case it doesn't matter what size it is, if 
it is recognizable and can cause market confusion that kopete is providing the 
service in association with this service (easy argument to make since it was 
taken directly from a product they released for use by their customers), it 
would be violating ProSieben's trademark(s).

-- 
Aaron J. Seigo
humru othro a kohnu se
GPG Fingerprint: 8B8B 2209 0C6F 7C47 B1EA  EE75 D6B7 2EB1 A7F1 DB43

KDE core developer sponsored by Qt Development Frameworks

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