I posted my previous response just minutes before this response
appeared in my inbox, but I came to the same conclusions, just for
different reasons.  Namely, that scraping screenshots from other
sources is Not A Good Idea.

But you make excellent points and I appreciate your clarification.
In the future, when in doubt, my motto will simply be "That's not
good enough for Debian."  (Not kidding - I actually wrote it down.)

Regards,

Collin.


On Fri, Mar 14, 2014 at 6:58 PM, Paul Wise <[email protected]> wrote:

> On Fri, Mar 14, 2014 at 6:15 PM, Collin Kewanee wrote:
>
> > Well my main concern was legality / copyright/ etc., but the only
> references
> > I
> > could find were from 2008 and concerned a memo from Debian Legal about
> > publishing thumbnails and screenshots from games under the same license
> as
> > the game they came from, and then the fact that screenshots published on
> the
> > Internet, for reviews and such, are generally considered Fair-Use.
>
> That sounds like the document we (the Debian games team) asked SPI's
> lawyers to prepare. Before the screenshots site existed we had a
> thumbnails package containing thumbnails from contrib/non-free games.
> As a result of the document we had to split the package into pieces.
>
> In the world of copyright you should assume that everything is
> proprietary because that is the default under the law. Only if there
> is a valid license grant can you do things. In addition some
> jurisdictions have some exceptions that are allowed (like Fair-Use in
> the USA or fair dealing in Australia). For Debian's purposes these
> exceptions are not sufficient and thus we cannot rely on them. As a
> result the screenshots site cannot use random screenshots from the
> web.
>
> > So I was working under the general assumption that if the developer
> placed a
> > screenshot
> >  of the application on their website, it was for public use.  Linking to
> it
> > would be acceptable.
> > But is scraping it and uploading it to screenshots.d.n acceptable?
>
> People's assumptions are usually false when it comes to copyright law.
> Images on the web are rarely under a DFSG-free license, including
> screenshots. If Debian could rely on the USA's Fair-Use concept it
> would be acceptable to just scrape screenshots but that isn't the
> case.
>
> On the legal side, the best way to ensure no legal issues is to make
> the screenshots yourself. Also, if the screenshot includes display of
> some non-free content - like a Hollywood DVD in a video player - we
> usually reject those too.
>
> Another thing is that many upstream screenshots are taken from the PoV
> of the upstream - showing the menus etc. Screenshots for Debian are
> supposed to be coming from a user point of view - showing typical
> usage. The best way to get that is for users of the Debian/Ubuntu
> packages to make screenshots of their typical usage with real data.
>
> --
> bye,
> pabs
>
> http://wiki.debian.org/PaulWise
>
>
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