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

Brent Wallis brent.wallis at gmail.com
Mon Jun 18 14:37:06 UTC 2007


Points noted on the trademark issues but there is a piece in the
initial email that indicates a followup would be a good idea:

> I advise that the penguin image was created by 'Scientific Games' (our
> Instant Scratchies supplier) graphic designers.

Thats is wrong.
The link posted shows a TUX image that has clearly been lifted from
existing TUX images.

Are we to accept that others can take others work and call it their
own without attribution?

My understanding of GPL2 and 3 indicates they are designed to almost
"force" attribution for prior work. Attribution IMHO is important in
OSS because it allows a free flow of ideas and information both "up
and down stream"...OSS dev would probably not work without the
involvement of upstream creators in downstream projects brought about
in the first instance by attributing prior work.

Why should we accept the opposite to this when it comes to the logo?

Sure, take it and use it any way they like...I agree. But calling it
their own work is deceitful and really needs someone to point out to
the claimants that at the very least WE KNOW where it really came

The person in their organisation that stood up and claimed "this is
what I created" needs to be brought to account, even if it is just a
polite letter pointing out the plethora of evidence that points to it
being lifted and not original.

The graphic artists I know disdain plagarism as much as any software
engineer or academic be they closed or open practitioners!

Trademark issues are a problem yet to be solved, but surely plagarism
should be flagged and shamed in all arenas?

IMHO we should:

Make sure that the clearly un-truthful claim of "creation" is at least
addressed with the person or persons who made the claim.

Make sure that they know that it is an untruth to claim to have
created that logo.
Let them use it 'til it breaks ...but it is wrong to claim it as their
original work.

The person who put that logo up as their own probably knows they have
done the wrong thing, but their peer group and company may not!


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