El 9/10/22 a les 13:08, Patrice Coni ha escrit:
Dear debian-legal people,
I develop a software that downloads the daily picture from Bing or
Windows Spotlight and set it as wallpaper on a X11 desktop environment.
Bing or Windows Spotlight are features of Microsoft.
The daily picture is obtained from www.bing.com or from arc.msn.com.
Each image appears to be copyrighted by its owner.
The software (DailyDesktopWallpaperPlus) not only downloads the
picture, but the copyright and description of each image is stored in
a local database.
The images are saved and can be reused later.
Is this legal? What do I have to consider?
My goal is that the software to be included by Debian.
Link: https://github.com/pgc062020/DailyDesktopWallpaperPlus
Thanks in advance.
Best regards
Patrice Coni
There could be two possible scenarios: either the images are free for
use even for commercial purposes (so Microsoft can use them without
asking for further permission) or Microsoft did seek and got explicit
permission from the picture copyright owner to display them on their
feature.
In the first scenario, Debian probably could use them as well; in the
second, probably not. Note the "probably" on both cases.
Also, this check should be done for each and every picture going to be
displayed, present and future. If Microsoft is using today a picture for
which needs not an explicit grant, we have no warranty at all that
tomorrow it will be the same.
IANAL neither DD but I would be very uncomfortable with this software
even as an end user where I would end having copyrighted images locally
stored for which I could be held personally liable.
