"Jeff Carr" <basilarchia@gmail.com> wrote in message [🔎] 45A31C77.2030401@gmail.com">news:[🔎] 45A31C77.2030401@gmail.com...
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.