Re: Bug#487218: games-thumbnails: unclear copyright concerns
Ben Finney wrote:
> Arnoud Engelfriet <arnoud@engelfriet.net> writes:
> > I would argue that this is a kind of 'announcement' of the game
> > which is covered by quotation rights under Berne.
>
> That may well be true, and would be a good result in this instance.
> Can you cite which particular provisions in the Berne convention
> you're thinking of?
That would be article 10: "It shall be permissible to make quotations
from a work which has already been lawfully made available to the public,
provided that their making is compatible with fair practice, and their
extent does not exceed that justified by the purpose, including quotations
from newspaper articles and periodicals in the form of press summaries."
> Unfortunately, this (popularity of a particular practice) is no guide
> as to whether it's an acceptable risk for the Debian project to take
> on behalf of Debian users. So I'd advise anyone making decisions to
> ignore whether or not it's "extremely common" to use works in a
> particular way.
I agree in principle. However at some point you just have to
"go for it" even without irrefutable proof. To pick a different situation,
the Debian project seems to basically trust any license indication
as valid and complete without any proof. The assumption there seems to
be that you can always remove it once a rights holder complains.
Why would the same not apply here?
Arnoud
--
IT lawyer, blogger and patent attorney ~ Partner at ICTRecht.nl legal services
http://www.arnoud.engelfriet.net/ ~ http://www.iusmentis.com/
Reply to: