"Jeff Carr" <[EMAIL PROTECTED]> wrote in message
news:[EMAIL PROTECTED]
On 12/21/06 13:53, Joe Smith wrote:
That's probably considered fair use for the purpose of which it was
intended. I'd guess Microsoft is unlikely to complain. In any case,
you should ask the tkchooser authors about it and they can contact
Microsoft if they think it is necessary.
The use there does appear to fall under trdamark fair use.
If there is no copyright problems with respect to the image (which could
happen if the image is taken
directly from one in windows, for example) then there should be no
problem with that image.
Sorry for the long delay in responding. Your reasoning here is not
clear to me. It would be interesting to know how you come to that
conclusion if you care to explain. It seems completely opposite to my
own conclusion and experience.
I concluded that the image did look to fall under trademark fair-use, as the
Windows logo
was being used to reference the Microsoft Windows brand Operating System.
Your original message also appeared to agree with me on that point.
I did express concerns that the image may still have copyright problems if
it was taken directly from
Windows, rather than being recreated. Even if one is to argue that by
considering the image a trademark
Microsoft implictly grants a copyright licence to use that image in cases
where the trademark law considers
the use of the trademark as fair use, the image would still have the problem
of failing the DFSG.
So my conclusion was that if there is no copyright problems with respect to
the image, it appears
to be fine the way it is.
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