[Linux-aus] Fwd: Use of Penguin Image on Instant Scratchie Tickets.

[Paul Schulz]

Hi Maddog,

(See inline)

On 6/18/07, Jon 'maddog' Hall <maddog at li.org> wrote:
> Paul,
>
> What is the goal of your investigation into the use of "Tux" on the
> lottery tickets?
>
> o to force them to take Tux off the tickets?
> o to force them to change the tickets to acknowledge Larry and the GIMP?
> o to "police and protect" Tux from being used in other ways (plumbing,
> ice cream, etc.)?
> o to create a newsworthy event that would thrust Tux, Linux and Larry
> into the limelight?

Option  e: (somewhere between b. and d.) - education of public institution

We (in the Linux community) all know and love the Tux image and what
it stands for, but here this image has been taken, put on a gambling
ticket[1], with no reference to who created it or where is came from
even when asked.[2]

[1] - which, as you mentioned is allowed.
[2] - which isn't.

I wanted to know if the SA Lotteries commission, in particular, the
public relations department knew any of this.

I have not made any claims, nor do I want to. I wanted to find out how
ethical the SA Lotteries commission was[3], given that they are
dealing in copyright and licensed material.

[3] - is gambling ethical?

I would like them to abide by the license, and they they know that
they are abiding by the license.

Cheers,
Paul

(snip)

> My personal thought on this is that having "Tux" on the lottery tickets
> opens the door for free software people to tell lottery ticket buyers
> about Linux and free software.
>
> In the case of the trademark "Linux", Linus really wanted it to go into
> "the public domain".  However that created two problems:
>
> o in the early days of Linux the trademark boards did not know about the
> term, and therefore would grant trademarks to companies for "Linux".
> This becomes harder to do, and easier to overturn, as time goes on,
> with Trademark boards either recognizing Linus' claim, or stating that
> the term is generic.
>
> o it allows people to use the term "Linux" for bad things too
>
> This has been pointed out to Linus, but it is still his desire for
> "Linux" go be used in any way.  Ergo if the lottery wanted to call
> itself the "South Australian Linux Lottery", as far as Linus is
> concerned, that is fine.  Walking the fine line between Linus'
> wishes and what is legally required to protect a trademark has cost
> a lot of time and money.  I think that Larry wanted to avoid those
> overheads.
>
> My two cents on the matter.
>
> Warmest regards,
>
> md
>
>