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

Jon 'maddog' Hall maddog at li.org
Mon Jun 18 15:01:54 UTC 2007

On Tue, 2007-06-19 at 00:37 +1000, Brent Wallis wrote:
> Jon,
> 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.

No, IMHO that his wording is ambiguous.  "Scientific Games" probably did
ALL the artwork on the ticket, not just "Tux".  But if they told the
lottery that they had created "Tux" as a completely new image, then I
agree that is wrong and the Lottery should be politely told the truth.

> 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?

Again, I look at the many, many derived works of Larry's original Tux,
and most of them have no printed attribution with them.  If you found
the person who did the derived work, they might state "Oh sure, I took
the original Tux from Larry Ewing, who used the GIMP."
> 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.

That is true of GPL2 and 3, but Larry's "license" is not either GPL2 or
GPL3.  And  (again IMHO) Larry's license is ambiguous as to whether you
HAVE to publicly attribute it every time you use TUX, or only tell
someone that Larry created it with the GIMP IF asked where it came from.

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

Because Tux is not clearly licensed that way from the copyright holder,
versus people who have chosen GPL2 and GPL3 for their software license.

> 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
> from.

O.K. so having the person who created it own up that it was not their
own work is the goal of this investigation.

> 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!

And I see nothing wrong with the "polite letter" as Melissa states.

I also see nothing wrong with a letter to a newspaper something along
the lines of:

The Lottery thinks that Tux is a great mascot, and so do we!

Then tell about the many uses of Tux, where it came from, etc.
but without making a big huff out of it.

Much the same thing is accomplished (and perhaps even more) but without
any hard feelings.

> Rgds
> BW
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Jon "maddog" Hall
Executive Director           Linux International(R)
email: maddog at li.org         80 Amherst St. 
Voice: +1.603.672.4557       Amherst, N.H. 03031-3032 U.S.A.
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Board Member: Uniforum Association
Board Member Emeritus: USENIX Association (2000-2006)

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