On Sat, May 10, 2014 at 02:55:09PM +0200, Jérémy Lal wrote: > Le samedi 10 mai 2014 à 13:37 +0100, Ben Hutchings a écrit : > > On Sat, 2014-05-10 at 11:10 +0200, Jérémy Lal wrote: > > > Hi, > > > Jonas Smedegaard brought to my attention that an image file [0] > > > can embed a copyrighted ICC profile without license. > > [...] > > This sounds like a ludicrous overreach of copyright. Isn't an ICC > > descriptive, rather than creative? And the idea that vendors could > > claim images made with their products (very likely with no explicit > > action to use the profile) to be derivative works is appalling. > On [2] one can find some examples of licenses one embedded icc profile > can be put under: > To anyone who acknowledges that the files > "sRGB_IEC61966-2-1_no_black_scaling.icc" and "sRGB_IEC61966-2-1_black > scaled.icc" are provided "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY, > permission to use, copy and distribute these file for any purpose is > hereby granted without fee, provided that the files are not changed > including the ICC copyright notice tag, and that the name of ICC shall > not be used in advertising or publicity pertaining to distribution of > the software without specific, written prior permission. ICC makes no > representations about the suitability of this software for any purpose. > So, even if the license was distributed along with the image using it, > this license clearly violates DFSG 3 (here, no modifications of embedded > icc profile are allowed). The license only matters if the work in question is copyrightable in the first place. If it's not copyrightable, then you don't need a license and should ignore any license being offered to you. The fact that someone is trying to *claim* copyright and offer you a license you don't need is not what's relevant. I haven't looked at what these ICC profiles are and whether we should consider them creative or not, but that's the question Ben is asking here. -- Steve Langasek Give me a lever long enough and a Free OS Debian Developer to set it on, and I can move the world. Ubuntu Developer http://www.debian.org/ slangasek@ubuntu.com vorlon@debian.org
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