[Clipart] hidden clipart

Nathan Eady eady at galion.lib.oh.us
Wed Jul 14 11:21:48 PDT 2010

chovynz <chovynz at gmail.com> writes:

> p.s. ones to do further research into:
> http://www.openclipart.org/index.php?pretty=detail/60343

Arguable.  It might be okay, but IANAL.  

Comparing side-by-side with Ewing's Tux, the overall foot shape and
orientation is similar, but the details (heel, toe shape) are clearly
different.  The similarity here could be described as being in the
same pose, which doesn't necessarily make it the same character.  
The head shape is significantly more square.  The torso shape is
fundamentally quite different (Tux is more pear-shaped; this penguin
is, apart from the head, more eliptical in shape, almost like a
Weeble; also, this penguin has a smoothly convex Thorax; Tux's is
sculpted).  The eyes are overall very similar (albeit with highlights
on the opposite side; I'm not sure if that's relevant), but instead of
inner lidding at the top there's a darker eliptical area of sclera
(grey instead of white) surrounding the iris.  The beak shape is,
apart from looking like a beak, not really the same, and the two marks
(probably breathing holes) prominently featured on Ewing's Tux are
notably absent.  The shading is also different, pervasively.

Like I said, it's arguable.  The fact that it's called "Tux" is
probably the single strongest argument for its being a derivative

> http://www.openclipart.org/detail/38653

Have we checked the status of the Debian logo?  That seems the most
relevant question here.

> http://www.openclipart.org/detail/31465

That looks a LOT like Ewing's Tux.  A WHOLE lot.  The outfit might
conceivably give it "fair use" protection as a parody, but that's
really not the same thing as public domain.  I'd hide it.

> http://www.openclipart.org/detail/23745
The word Linux is a trademark, the ownership of which has been
established in court.

Nathan Eady
Galion Public Library

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