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

Jon 'maddog' Hall maddog at li.org
Tue Jun 19 11:57:42 UTC 2007

> It's likely that Jon was agreeing based purely on attribution of copyright,

Yes.  My point was that whatever GPL V2 or V3 means, it has no bearing
in this particular case.  Larry did not license it under GPL V2, or V3
or BSD or any other "formal" license.  So "applying" the concepts or
the desires of the people that wrote GPL v2 or v3 to the logo has no
meaning here.

I think my thoughts on how to handle this incident are pretty clear.  To
write the lottery and tell them that "Tux" is a copyrighted logo of
Larry Ewing is about all that you should do. Actually, to be fairest
about it, you should contact the company that did the artwork, tell
them, and let them have the chance to tell the lottery people.  If you
do contact the lottery people first, any claims of "intent to deceive"
on the part of the company doing the graphics art work might get you in
deep trouble.  Remember Hanlon's Razor:

         Never assume malice when stupidity will suffice.

Since you are not the copyright holder, in my mind any "redress" of the
lottery system or the graphics company should be done by Larry, or by
you if Larry gives you permission to do this.

In all the times that I was doing work with the Linux trademark, I had
Linus' expressed permission to do the work.  Even then, I had guidelines
that I went by, and often when I got close to those guidelines I would
consult with Linus about what he, the trademark holder, wanted me to do.
Then, as his agent, I proceeded along that path.

I do have a question though....would there be as much talk about
"shaming" and as much indignation if Tux was used by your favorite
charity, instead of the lottery?

Warmest regards,


More information about the linux-aus mailing list