[Bf-committers] GPL or (c) infringement?

Ton Roosendaal ton at blender.org
Thu Mar 10 22:49:19 CET 2005


Hi,

Lotsof reactions... didn't want to invoke long threads. :)
My conclusion sofar is;

-> yes, anyone can rebrand GPL

But I am not going to spoil my time trying to find how good he follows  
GPL in every detail.. I bet we even violate it (where can you get a  
CDROM with our sources?)

The other issue, copyright of his used graphics is different still. He  
cannot simply reuse graphics from websites without verifying credits  
and copyrights for it.

In my opinion his biggest mistake (spoof!) is claiming that his  
rebranded product was used to render these pictures. If you rebrand a  
product you have to do that for 100%. You can not use the publicity,  
claims or any 'brand value' the original product has. Or in other  
words, he can only show images made with HIS product, by himself or his  
clients.

What todo? Dunno, don't really have time nor find it important enough  
to spend money on lawyers. My best guess is to make a nice warning page  
on our blender3d.org, with a clear explanation of what this guy is  
doing. Within a week any page on our site gets in the top ten of google  
you know! So anyone verifying background on this will most likely find  
this info.

And of course, anyone with ebay accounts can post warnings there.

-Ton-



On 10 Mar, 2005, at 21:20, Martin Dickopp wrote:

> Tom M <letterrip at gmail.com> writes:
>
>> Martin Dickopp <martin at zero-based.org> wrote:
>>
>>> They have to either accompany the binary with the source code  
>>> (Section
>>> 3a of the GPL), or accompany it with a written offer to provide the
>>> source "for a charge no more than [the] cost of physically performing
>>> source distribution" (Section 3b).
>>>
>>> Note that if they invoke 3b, they have to offer to give the source to
>>> "any third party," not just the person who received the binary.
>>
>> You are correct, sorry I was being incomplete.
>
> My original statement was incomplete as well.
>
>> So, if Ton can ask the purchaser to check for an offer of the code,
>> or the actual source code on the CD we can determine whether the
>> bf-foundations (and other copyright holders) copyright has been
>> violated.
>
> Yes, and if they went for the "written offer" option, we could all
> request the source code under the "any third party" clause. If they
> fail to send it to everyone in this case, that would be a violation.
>
> Martin
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>
------------------------------------------------------------------------ 
--
Ton Roosendaal  Blender Foundation ton at blender.org  
http://www.blender.org



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