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@xemnas - Under most international law, any original (and some types of derivative) images are copyrighted to the author(s) automatically, unless some sort of contract defers those rights (working for companies for example).
Any of the images distrubuted in the Dolphin program were copyrighted at the time of their creation. As neobrain said, they're under CC0 now (essentially PD). If there are any images not covered by CC (which only lessens the restrictions of copyright, except for CC0, which outright does away with it) or some other permissive license, they would be governed by strict copyright rules. If mamario is distributing these images, we can claim he is not authorized (or just anyone operating the old site) we can claim copyright infringement. We can say someone is not authorized arbitrarily under strict copyright laws, since we would control all forms of duplication. Again, if you'd have read my post, I was thinking mostly Dolphin's icons/logos, all of which were distribited with mamario's 4.0 build, that was until neobrain shot it down.
Trademark violation remains viable as I've said. We can proof that we're the legitimate Dolphin Emulator. Trademarks can be established through product prominence, even if no one has filed anything. This is still more complicated than an internet information campaign to get people more aware of the correct source.
That defeats the very purpose of GPL. Have you read the license?
Quote:For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have.
It doesn't make sense for me if a developer says "This software's license is GPL but you can't distribute it because I include a copyrighted icon."
Regarding the trademarks, only proving that you're legitimate is not enough. Nintendo has already lost.
Anyway, this is off-topic. If you want to continue discussing this, please do it via PM. Thank you.
Yeeep, mamario has control of that too. He made a youtube, twitter, and facebook for the emulator and then proceeded to neglect them. Delroth got the facebook page back, but the twitter and youtube accounts are still being parked on by him.
Besides, that tutorial video is ancient and terrible. And of course it's going to be, no one can make videos at the pace of development, they are too difficult to do. It should be removed from that wikihow.
(09-25-2013, 06:47 AM)ulao Wrote: [ -> ]As long as you establish credit to the original source you may profit from this code. Nature of GPL.
Looks like emulator-zone not only has lots of bad link the actual home page link points to the wrong place, I'm an admin there i'll get it fixed up.
The only for sure way to protect this is to close the source... but that is not something we really want to see. I would hope mamario or whatever realizes what he is doing.
This will probably help. Emulator-Zone appears to be the only first page Google hit linking to the wrong site aside from the site itself. There are two links on
this page that still need to be updated.
(09-25-2013, 11:13 AM)MaJoR Wrote: [ -> ]Yeeep, mamario has control of that too. He made a youtube, twitter, and facebook for the emulator and then proceeded to neglect them. Delroth got the facebook page back, but the twitter and youtube accounts are still being parked on by him.
Besides, that tutorial video is ancient and terrible. And of course it's going to be, no one can make videos at the pace of development, they are too difficult to do. It should be removed from that wikihow.
Alright, I've deleted the video for now.
Edit: I went ahead and added a download link to the official site too seeing as the guide didn't actually say where to get it.
Yeah I made a post on emulator zone with some key words I hope to get posted above maMario's page.
http://forums.emulator-zone.com/showthread.php?t=23093&p=123297#post123297
My hope is since emulator-zone gets so much traffic it will be the first hit on google and there is a full explanation plus a link to this topic in it. I'm also cleaning up the site and getting that bad domain off it.
@xemnas - Have you read the license? It only deals with copyrights for code. Rather than the strict copyright most work falls under by default, the GPL essentially grants rights for a broad range of copying behavior. It doesn't abolish any copyright to code (like all CC licenses except for CC0). You'll still see individuals asserting copyright in the licenses for GPL projects (iirc Dolphin is copyrighted to the Dolphin team). The GPL basically gives many people the right to copy code, but in all legal respects the copyrights are still active (just hard to claim infringement since the license is so permissive).
Any assets that are not code have to have permissive licenses as well, else they have strict copyright laws governing how they can be copied. You see this happening all the time with OSS games. Music and graphics are still copyright of the original author (hence allowing for a chance to profit from their works) but the code is completely GPLed. You can still call them OSS projects because of that. It's not about saying "You can't distribute this program because this icon is copyrighted" it's "You can't distribute this icon, do whatever you want with.the code/program within the GPL". The point was to aim for something that would either force mamario to deal with legal pressure, or make it so that what he changes to.avoid legal issues (anyone can make an icon) identifies his builds as unofficial (i.e. won't have the same look).
Trademark disputes have to take into account to what end the trademarked phrase was used. Unless wiiu.com actually tried to pose as Nintendo and sell consoles, it can operate as an enthusiast Nintendo site or as a website for Uncle Chuck's Chicken & Laundry or whatever else. If it's not trying to commercially one-up the legit trademark owners, generally these sites can exist (under U.S. law anyway). But a site that tries to sell you jerseys knockoffs or fake Prada bags is going to get in trouble trademark wise if their domain names include infringing trademarks. It's theoretically possible to hit mamario on this because he directly profits from a site in competition to the legitimate trademark holders. OSS projects rarely assert trademarks agressively (defensively yes, see Python recently) and since the official site is losing money to someone actively working in an unethical manner, it would be more than justified on our part to defensively assert trademark claims. I'm not saying this is the one true path the Dolphin Team has to take, but it is a valid one that could be made (with time, effort, and a bit of cash).
Quote:You'll still see individuals asserting copyright in the licenses for GPL projects (iirc Dolphin is copyrighted to the Dolphin team).
No, it's copyrighted to the hundred+ different individual people who have contributed to it.
As for the logo:
Sep 22 11:49:48 <@delroth> MaJoR11: btw, license on your svg logo?
Sep 22 11:50:06 <@MaJoR11> honestly I haven't thought it
Sep 22 11:50:14 <@delroth> public domain and let's just not care?
Sep 22 11:50:21 <@delroth> it's protected by trademark law anyway
Sep 22 11:50:28 <@MaJoR11> yea, sure
Sep 22 11:50:54 <@MaJoR11> I don't want to be like "everyone must credit me the instant they use it even though it would cost me a fortune to chase after them blah blah blah"
Sep 22 11:51:04 <@MaJoR11> lol
Sep 22 11:51:37 <@MaJoR11> I made it for dolphin, do what you want with it
' Wrote:No, it's copyrighted to the hundred+ different individual people who have contributed to it.
Who is it you think I'm referring to when I say "Dolphin Team"? Those aforesaid 100+ contributors. For purpose of copyright, whether you assign it individually to each contributor or as a group, when talking about Dolphin as a whole it's the same difference.
I assumed you meant the team as a whole, and not the individual members making up the team. Also when i hear "Dolphin team", i usually only think of regular contributors, and not people who submitted a 1 line patch 5 years ago, and then were never seen again. However they do still own a copyright on that code.
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