RE: Demon license?

2005-07-21 Thread Ted Mittelstaedt


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Bart
Silverstrim
Sent: Tuesday, July 19, 2005 9:45 AM
To: Josh Ockert
Cc: freebsd-questions@freebsd.org; Ted Mittelstaedt
Subject: Re: Demon license?

 I
would think the Project people would...since they're the ones doing the
project.  What they say, goes.

If you don't like it, fork the project with your own
logo/logoscot/motto/t-shirt.  What you say at the point, goes.


Ah, Bart, but you see this is part of the problem.  There is not
consensus among the core Project members that doing this is a good
idea.  IMHO that is why they agreed on a contest, because the pro Beastie
group is hoping that the anti Beastie group would get bogged down in
the contest and lose interest, and the anti Beastie group saw the
contest as a way of defeating at least one argument - that the new
logo would look terrible from an artistic point of view.


FreeBSD doesn't need strings attached via corporate entanglements, in
my opinion.


FreeBSD already has entangling corporate strings - Apple is one of
the entanglers for example.  But, interestingly enough, none of those
people are complaining about this issue.

Beastie reminds users of FreeBSD of FreeBSD like a pretty
blue screen reminds them of Windows.


If that doesen't appear as someone's tagline I'll be amazed!!!

 Let's make the logo a puddle of yellow water with a trout
jumping out of it...symbolic of all the pissing matches this argument
as spawned.

:-)

 when it comes to free-source operating systems, it is a
geek's party and the market promoters are the crashers.


Hear hear!

Ted

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RE: Demon license?

2005-07-21 Thread Ted Mittelstaedt


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Josh Ockert
Sent: Tuesday, July 19, 2005 8:36 AM
To: Ted Mittelstaedt
Cc: freebsd-questions@freebsd.org
Subject: Re: Demon license?


No. I have no objection to your position. I have an objection to your
complete lack of disrespect. You are a troll. You go on and on,
misquoting, deliberately trying to confuse the issue, and just
generally adding nothing to the discussion.


I have added plenty to the discussion and others have said so.  They
may have pointed out that my delivery methods are caustic, and that
you attract more flies with honey than vinegar, but they don't dispute
that I have made an addition.

You obviously object to the caustic delivery and so are going to choose
to be blinded to the content within the delivery.  So be it.

 Much like the current US President George Bush blocks his ears when
 people point out to him that he committed to fire whoever leaked
 a covert CIA operative's identity - then when it was discovered that
 his right-hand-man did it, he goes back on his word.

Except that in that case people were pointing out facts. As you said
in your email, there has been no official vote. So you have no facts.
You are in effect contradicting yourself when you say that those in
favor of the new logo ARE in the extreme minority, but then say there
was never any tally of opinions.


The PRO Beastie faction is NOT attempting
to change the status quo.  The ANTI Beastie faction IS.

I am sorry this is possibly unfamiliar to you, but the burden of
proof to justify a change
is on the group attempting to make a change.  That means you,
since you are apparently choosing to stand with the group wanting
to make the change.

I don't have to do a vote proving that you are a minority because
by definition, since you are wanting to change the status quo, you
ARE a minority.

YOU are the one whos burden it is on to convince the majority that
the status quo needs changing.  So, let's hear your arguments.

This is how reasonable people work.  If your anti-Beastie arguments
have merit, they will quickly be accepted by the majority - WITHOUT
the need of a contest I might add - and the change will occur without
significant objection.  That hasn't happened here in this forum.


 I
do however think it would be beneficial to have an image that is more
abstract and more suitable to corporate customers. Corporate backing
helps penetration into the market and it sometimes can result in
funding. Refer please to Linux and IBM.


OK, this is one of the first REAL arguments you have presented
that isn't based on an avoidence technique.  So, let's look at it.

You say that the current image of Beastie isn't suitable to
corporate customers.  Do you have some sort of survey or proof
that corporate customers automatically ignore products that have
images of red devil-looking characters on them?  (And no I don't
mean ignoring products that have images of Satan on them, Greg)

I won't dispute the fact that somewhere there is a corporate
customer that isn't going to use FreeBSD because they think
there's an image of Satan on the cover

But I think it's absurd to claim that many corporate customers
avoid FreeBSD because they think there's a Devil on the cover
There's an enormous body of evidence that shows that large numbers
of corporate customers currently use FreeBSD.  They obviously don't
have a problem with an image of Satan on the cover

And you cannot please everyone.  I would argue that somewhere there's
a corporation that ignored use of Linux because they thought the
image of a Penguin on the cover was too silly looking, and so obviously
if the authors of Linux couldn't come up with a professional looking
image on the cover, they didn't come up with a professional operating
system.

One of the risks you take if you replace Beastie with a different image,
is that the new image is going to be misinterpreted by a different group
of people.  OK, so you put a cross on the cover - now all the religious
right that ignored it because there was a Devil on the cover, they love
you - then you lose all the Atheists that hate crosses.  A crude example
but you get the meaning I think.

Nobody has yet come up with a commercial image that is NOT objectionable
to some group out there.  Look at ATT - they spent millions of bucks
coming up with their logo and ended up with this globe made up
of lines, that I am sure their logo consultants figured was as
non-objectionable as possible to everyone.  Then, they start using it
everywhere and some wag noted a resemblance to Star Wars, and labeled
it the ATT Death Star logo, and all that money and effort just went
into the crapper.

I'm sure that 6 months after the label Death Star logo made it's
rounds, that the chief marketing person at ATT probably said That's
the LAST GODDANM TIME we try to come up with a fucking politically
correct
logo

Your also inferring that if we change the logo away from

RE: Demon license?

2005-07-21 Thread Ted Mittelstaedt


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Fabian Keil
Sent: Tuesday, July 19, 2005 8:26 AM
To: freebsd-questions@freebsd.org
Subject: Re: Demon license?


Ted Mittelstaedt [EMAIL PROTECTED] wrote:

 Greg Lehey said:

 I'm sure we would object if someone drew a 'devil' image and
 associated it with FreeBSD.

 Re-read this please.  DEVIL image?  What is that?  Devil in
 this context is a religious term.  So what Greg is really saying
 here is that we would object if someone drew a religious image
 and associated it with FreeBSD

You are quoting out of context.

Greg wasn't referring to Beastie as devil, the person before him was.

That would be me, and no I was not as I've explained twice now.

Greg was intentional misunderstanding that Beastie was meant with
devil. At least that's how I understood it.


Greg doesen't generally post to that level of complexity.  What he is
objecting to is pretty straightforward - Beastie isn't a devil.  Well
the word devil is a religious term, so what Greg means is that
Beastie isn't a religious icon and anyone's use of the word 'devil'
in conjunction with Beastie carries the incorrect connotation that
Beastie is a religious icon

If your disagreeing with that, then are you supporting the idea that
Beastie looks like a devil AKA icon objectionable on religious grounds?
Because that is the converse of what Greg is saying.

Greg took my meaning as Beastie=devil, not  devil-looking-image could be
drawn and associated with FreeBSD by anyone

I realize that the idea I was attempting to convey was more complex and
deeper than a 2 second sound bite.  Please carefully reread the thread
and
I think you will understand it better.  When I used the word devil in
the sentence I was meaning a graphical drawing of a red being with horns
and a tail, and that should have been apparent.  I was not meaning the
Catholic religious interpretation of the word devil meaning Satan.

It is a sad commentary on the power of the religious conservative
movement that you can't even use the word devil to mean anything
other than Satan in a sentence anymore.

Greg objects to the term devil in association with Beastie because
he knows that too many stupid people cannot make this distinction
anymore, and it's safer to simply not use the word devil anywhere
near FreeBSD or Beastie so as to avoid these stupid people from
claiming FreeBSD is a satanic operating system.

I disagree with this because I will always choose to fight against
ignorance rather than just accept it and make up some politically
correct mealymouthed excuse.  Sure, some stupid people cannot be
educated into understanding that the Beastie image isn't an image
of a devil, because they believe that the only possible interpretation
of the word devil is Satan.  I would rather work to educate them,
like I'm working to educate you, that not all uses of devil are
religious.  If you or they cannot accept this, then go to Hell. ;-)

Ted

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Re: Demon license?

2005-07-20 Thread Greg 'groggy' Lehey
On Tuesday, 19 July 2005 at  3:54:06 -0600, Ray Jenson wrote:
 It was not my intention to start a flame war, folks. I'm sorry. I didn't
 realize what a hot topic this little daemon is, and I really didn't mean to
 step on anyone's feel-bads or press anyone's hot-buttons.

 I've taken the tongue-in-cheek comments as just that: tongue-in-cheek. I'm
 not a member of this community, but it still seems I've done more to
 further the division than heal it.

No, don't let it worry you.  My comment was very much tongue-in-cheek.
The rest of the discussion is part of the underlying banter that goes
on on the FreeBSD lists.  Don't let it worry you.

On Tuesday, 19 July 2005 at 17:26:03 +0200, Fabian Keil wrote:
 Ted Mittelstaedt wrote:
 
 Greg Lehey said:

 I'm sure we would object if someone drew a 'devil' image and
 associated it with FreeBSD.

[presumed quotation added above]

 Re-read this please.  DEVIL image?  What is that?  Devil in
 this context is a religious term.  So what Greg is really saying
 here is that we would object if someone drew a religious image
 and associated it with FreeBSD

 You are quoting out of context.

Yes.  I think it's right the way I have modified it (additional level
of quotes for the first sentence).  From the attributions, it looks as
if the other person was Ted.

Greg
--
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For further details see http://www.lemis.com/grog/lemis-virus.html

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Re: Spam:****, RE: Demon license?

2005-07-20 Thread Bart Silverstrim


On Jul 20, 2005, at 6:15 AM, Ted Mittelstaedt wrote:





-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Bart
Silverstrim
Sent: Tuesday, July 19, 2005 9:45 AM
To: Josh Ockert
Cc: freebsd-questions@freebsd.org; Ted Mittelstaedt
Subject: Re: Demon license?

FreeBSD doesn't need strings attached via corporate entanglements, in
my opinion.



FreeBSD already has entangling corporate strings - Apple is one of
the entanglers for example.  But, interestingly enough, none of those
people are complaining about this issue.


As I understand it Apple is using some of the code from FreeBSD, but 
FreeBSD isn't necessarily *getting* anything as an obligation from 
them.


Ideally, if businesses give to them, that's a bonus.  Businesses have 
always been able to take from FreeBSD as per it's license without 
giving anything.  But when you start doing tit-for-tat 
scratch-my-back-and-I'll-scratch-yours relationships with businesses, 
there's going to be problems.



when it comes to free-source operating systems, it is a
geek's party and the market promoters are the crashers.


Hear hear!


Why is the concept so hard for people to understand that open source 
projects aren't necessarily out to displace Windows or take over the 
world...that they were spawned by a desire to scratch an itch or make 
something that's good and fills a need. There are those who create 
things with some motivation to purely outdo Windows, no doubt...but for 
the most part it's just made to be made, without obligations?


If the product works for you, you're allowed to use it.  Use FreeBSD. 
 Use GPL tools, use the Linux kernel to build a better distro, 
whatever.  But why must people be driven to take these projects to 
start dancing with corporate sponsors and cash??  If you want to do 
that, do it the way Linux has...start a corporation using that 
product as the basis, and approach the businesses you're interested in 
courting, and leave the core project alone.  Businesses aren't 
interested in the core Linux kernel necessarily...they work with a 
corporation that uses it.  The corporation gives a point of contact, a 
point of support, a face to work with.  If it goes out of business it's 
a case of touch noogies...the actual project itself isn't bothered one 
way or the other and is still available on the Internet for free with 
people spending their free time working on it as a hobby.


*sigh*  Not that it really matters in the end...que sera, sera, right?

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Re: Demon license?

2005-07-20 Thread Fabian Keil
Ted Mittelstaedt [EMAIL PROTECTED] wrote:

 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] Behalf Of Fabian Keil
 Sent: Tuesday, July 19, 2005 8:26 AM
 To: freebsd-questions@freebsd.org
 Subject: Re: Demon license?
 
 
 Ted Mittelstaedt [EMAIL PROTECTED] wrote:
 
  Greg Lehey said:
 
  I'm sure we would object if someone drew a 'devil' image and
  associated it with FreeBSD.
 
  Re-read this please.  DEVIL image?  What is that?  Devil in
  this context is a religious term.  So what Greg is really saying
  here is that we would object if someone drew a religious image
  and associated it with FreeBSD
 
 You are quoting out of context.
 
 Greg wasn't referring to Beastie as devil, the person before him was.
 
 That would be me, and no I was not as I've explained twice now.
 
 Greg was intentional misunderstanding that Beastie was meant with
 devil. At least that's how I understood it.
 
 
 Greg doesen't generally post to that level of complexity.  What he is
 objecting to is pretty straightforward - Beastie isn't a devil.  Well
 the word devil is a religious term, so what Greg means is that
 Beastie isn't a religious icon and anyone's use of the word 'devil'
 in conjunction with Beastie carries the incorrect connotation that
 Beastie is a religious icon
 
 If your disagreeing with that, then are you supporting the idea that
 Beastie looks like a devil AKA icon objectionable on religious grounds?

I think it's a reasonable idea, that a person not knowing BSD might
come to the conclusion, that Beastie is a small nice looking devil.

I guess I did it myself, but I don't remember.

Beastie looks cute, that's good enough for me. I couldn't care less,
if he's just looking like a devil or if he's supposed to be one.

 Because that is the converse of what Greg is saying.
 
 Greg took my meaning as Beastie=devil, not  devil-looking-image could be
 drawn and associated with FreeBSD by anyone
 
 I realize that the idea I was attempting to convey was more complex and
 deeper than a 2 second sound bite.  Please carefully reread the thread
 and
 I think you will understand it better.  When I used the word devil in
 the sentence I was meaning a graphical drawing of a red being with horns
 and a tail, and that should have been apparent.  I was not meaning the
 Catholic religious interpretation of the word devil meaning Satan.

I got that.

 It is a sad commentary on the power of the religious conservative
 movement that you can't even use the word devil to mean anything
 other than Satan in a sentence anymore.
 
 Greg objects to the term devil in association with Beastie because
 he knows that too many stupid people cannot make this distinction
 anymore, and it's safer to simply not use the word devil anywhere
 near FreeBSD or Beastie so as to avoid these stupid people from
 claiming FreeBSD is a satanic operating system.

And this as well.
 
 I disagree with this because I will always choose to fight against
 ignorance rather than just accept it and make up some politically
 correct mealymouthed excuse.  Sure, some stupid people cannot be
 educated into understanding that the Beastie image isn't an image
 of a devil, because they believe that the only possible interpretation
 of the word devil is Satan.  I would rather work to educate them,
 like I'm working to educate you, that not all uses of devil are
 religious.  If you or they cannot accept this, then go to Hell. ;-)

I have no problem accepting it, however I think I can differentiate
between devil (the evil fallen angel) and devil (the outfit), even if
I didn't make this clear in the other mail.

What's more important, I wouldn't care I the core team decided
to use the first meaning. I'm not a big fan of political correctness myself.

Fabian
-- 
http://www.fabiankeil.de/


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Re: Demon license? (copyright myths)

2005-07-20 Thread Bob Johnson
Josh Ockert [EMAIL PROTECTED] wrote on Mon, Jul 18, 2005 at 1:53 :
[...]
 
 As to the subject of copyright infringement, allowing other
 Beastie-like images to be associated with FreeBSD is not copyright
 infringement. Gentoo's penguin is not copyright infringement. Stylized
 logos that are merely similar do not infringe on eachother. That's
 like suggesting that a professional photographer at a wedding owns all
 amateur wedding photos taken by friends and family attending the
 event. It is not a subject that is copyrighted, or nobody would be
 able to paint flowers anymore. It is the image itself. Any work that
 is arrived at independently cannot possibly infringe on another's
 copyright. So a redrawing of a daemon that is not a copy of Kirk's is
 completely legal. (IANAL.. yet. Give me a couple more years and the
 MBE though and that'll change).

IANAL either, but in general, a copyright holder has the right to control 
derivative works as well.  You can't publish pictures of Mickey Mouse without 
permission of Disney, even if you drew the pictures yourself, and you 
(probably) can't publish images of Beastie without Kirk McKusick's 
permission.  The fact that he is lenient in enforcing his rights does not 
mean that he doesn't have them.  

If someone manages to come up with a daemon image that is obviously NOT 
Beastie, then they won't have to worry about McKusick's copyright, but since 
he is so lenient in granting usage, why bother?

http://www.templetons.com/brad/copymyths.html

- Bob
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Re: Spam:****, RE: Demon license?

2005-07-20 Thread Chad Leigh -- Shire.Net LLC


On Jul 20, 2005, at 7:05 AM, Bart Silverstrim wrote:



As I understand it Apple is using some of the code from FreeBSD,  
but FreeBSD isn't necessarily *getting* anything as an obligation  
from them.


Ideally, if businesses give to them, that's a bonus.  Businesses  
have always been able to take from FreeBSD as per it's license  
without giving anything.  But when you start doing tit-for-tat  
scratch-my-back-and-I'll-scratch-yours relationships with  
businesses, there's going to be problems.




Just as an aside:  Apple does push code back as far as I know.  There  
was talk last year for example about MSDOS FS support being put back  
in from Apple Darwin.


Chad

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Re: Demon license? (copyright myths)

2005-07-20 Thread Chad Leigh -- Shire.Net LLC


On Jul 20, 2005, at 9:11 AM, Bob Johnson wrote:

IANAL either, but in general, a copyright holder has the right to  
control
derivative works as well.  You can't publish pictures of Mickey  
Mouse without

permission of Disney, even if you drew the pictures yourself, and you
(probably) can't publish images of Beastie without Kirk McKusick's
permission.  The fact that he is lenient in enforcing his rights  
does not

mean that he doesn't have them.

If someone manages to come up with a daemon image that is obviously  
NOT
Beastie, then they won't have to worry about McKusick's copyright,  
but since

he is so lenient in granting usage, why bother?

http://www.templetons.com/brad/copymyths.html

- Bob



This would be true if he had invented or come up with Beastie first.   
Is that how it happened?  I was under the impression that he just  
came up with the most loved form but that previously somewhat similar  
images  had been used for unix/bsd etc.  He still has the right to  
derivatives of his beastie but I would suspect that not-so-similar  
versions would be OK. But again, IANAL and am not familiar with whole  
history


---
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Your Web App and Email hosting provider
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Re: Spam:****, RE: Demon license?

2005-07-20 Thread Bart Silverstrim


On Jul 20, 2005, at 11:39 AM, Chad Leigh -- Shire.Net LLC wrote:



On Jul 20, 2005, at 7:05 AM, Bart Silverstrim wrote:



As I understand it Apple is using some of the code from FreeBSD, but 
FreeBSD isn't necessarily *getting* anything as an obligation from 
them.


Ideally, if businesses give to them, that's a bonus.  Businesses have 
always been able to take from FreeBSD as per it's license without 
giving anything.  But when you start doing tit-for-tat 
scratch-my-back-and-I'll-scratch-yours relationships with businesses, 
there's going to be problems.




Just as an aside:  Apple does push code back as far as I know.  There 
was talk last year for example about MSDOS FS support being put back 
in from Apple Darwin.


Yes, I believe they do.  What I'm saying (and what I think a great 
number of people don't think about) is that they're doing this but 
aren't *obligated* to do so.  For FreeBSD, as I understand it, you can 
take FreeBSD, slap new images to it and alter some of the code and sell 
it as your own (except for copyright notices? That may have changed).  
There you go...you have a new product, the *BSD people don't care.  You 
don't have to do anything for the FreeBSD team in return.  If you do, 
they'd probably appreciate it.  If you don't, well, life goes on.


I'm against the slide into an obligatory relationship...FreeBSD starts 
marketing and courting a couple corporate friends and then there may 
be some obligation back and forth...forcing certain device support, or 
maybe some encouragement to ignore other vendors, introduce more 
politics.  As the whole logoscot affair shows I think there's enough 
politics in the group and userbase as it stands. :-)


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Re: Demon license? (copyright myths)

2005-07-20 Thread Josh Ockert
On 7/20/05, Chad Leigh -- Shire.Net LLC [EMAIL PROTECTED] wrote:
 
 On Jul 20, 2005, at 9:11 AM, Bob Johnson wrote:
 
  IANAL either, but in general, a copyright holder has the right to
  control
  derivative works as well.  You can't publish pictures of Mickey
  Mouse without
  permission of Disney, even if you drew the pictures yourself, and you
  (probably) can't publish images of Beastie without Kirk McKusick's
  permission.  The fact that he is lenient in enforcing his rights
  does not
  mean that he doesn't have them.
 
  If someone manages to come up with a daemon image that is obviously
  NOT
  Beastie, then they won't have to worry about McKusick's copyright,
  but since
  he is so lenient in granting usage, why bother?
 
  http://www.templetons.com/brad/copymyths.html
 
  - Bob
 
 
 This would be true if he had invented or come up with Beastie first.
 Is that how it happened?  I was under the impression that he just
 came up with the most loved form but that previously somewhat similar
 images  had been used for unix/bsd etc.  He still has the right to
 derivatives of his beastie but I would suspect that not-so-similar
 versions would be OK. But again, IANAL and am not familiar with whole
 history
 
 ---
 Chad Leigh -- Shire.Net LLC
 Your Web App and Email hosting provider
 [EMAIL PROTECTED]
 
 
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No I disagree. I'm fairly certain that an independently drawn
personified mouse would not be copyright infringement.

Calling it Mickey Mouse may very well be trademark infringement, however.

-- 
Josh Ockert
WMU Student: French Linguistics, Computer Science
-- 
The irony in biblical creationists' rhetoric of implicitly claiming
that God's universe is so inconsistent that carbon decays at erratic
rates is too delicious to ignore.
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Re: Demon license? (copyright myths)

2005-07-20 Thread Chad Leigh -- Shire.Net LLC


On Jul 20, 2005, at 11:26 AM, Josh Ockert wrote:



No I disagree. I'm fairly certain that an independently drawn
personified mouse would not be copyright infringement.

Calling it Mickey Mouse may very well be trademark infringement,  
however.





As long as the independently drawn personified mouse didn't look  
like Mickey at all you would be ok.  But an independently drawn  
personified mouse that bore resemblance to His Mouseness would  
probably land you in hot water.  Again, IANAL-AIDPOOTV


Chad

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Re: Demon license? (copyright myths)

2005-07-20 Thread Greg Barniskis

Chad Leigh -- Shire.Net LLC wrote:


On Jul 20, 2005, at 11:26 AM, Josh Ockert wrote:



No I disagree. I'm fairly certain that an independently drawn
personified mouse would not be copyright infringement.

Calling it Mickey Mouse may very well be trademark infringement,  
however.





As long as the independently drawn personified mouse didn't look  like 
Mickey at all you would be ok.  But an independently drawn  personified 
mouse that bore resemblance to His Mouseness would  probably land you in 
hot water.  Again, IANAL-AIDPOOTV.


Unless of course you made it clear that the resemblance was 
intentional and your use of the copyrighted image was as part of 
legitimate social commentary (e.g. satire, or critique). You'd get 
in trouble if you tried to pass it off as an independent work. Thus 
the infamous Beastie F'ing Tux image is probably not an 
infringement of either the Beastie or the Tux image copyrights, 
because it's a parody. Only a federal judge could tell you for sure.


Copyright is both clear cut and a murky gray area, at the same time. 
The only sure protection for an infringer is to have a written 
approval from the copyright holder for use as a get out of jail 
free card. IANAL, but IAAL (I am a librarian ;) and have spent more 
than a few hours on the subject.


Anyway, this thread is getting way OT for -questions. The OP's 
question was answered I think. The rest of us should go to -chat, or 
in my case, -lunch.



--
Greg Barniskis, Computer Systems Integrator
South Central Library System (SCLS)
Library Interchange Network (LINK)
gregb at scls.lib.wi.us, (608) 266-6348
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Re: Demon license? (copyright myths)

2005-07-20 Thread D. Goss
Unless of course you made it clear that the resemblance was  
intentional and your use of the copyrighted image was as part of  
legitimate social commentary (e.g. satire, or critique). You'd get  
in trouble if you tried to pass it off as an independent work. Thus  
the infamous Beastie F'ing Tux image is probably not an  
infringement of either the Beastie or the Tux image copyrights,  
because it's a parody. Only a federal judge could tell you for sure.


I am also not a lawyer, but I can tell you that social commentary  
isn't enough justification for parody.  For fair use the parody has  
to reflect back to the copyrighted work being referenced.  Ie, you  
can make a fake Simpsons drawing for example, as long as the joke is  
on them.  If you want to parody George Bush by using The Simpsons,  
that is not fair use and is a copyright infringement.  Also, enter  
even grayer area is the idea that the parody must only utilize enough  
of the referenced work to make the parody identifiable - beyond that  
you are possibly infringing as well.  It's 2AM in Paris so I can't  
come up with a good example for that one.  :)


d.

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RE: Demon license?

2005-07-19 Thread Brian Tao
Though I don't mind the banter, you guys may want to trim Ray
Jenson from future messages on this thread.  I don't think a potential
commercial promoter of FreeBSD needs to wade through this sort of
debate.  All he wanted was permission to use the likeness of the
Daemone for promotional purposes.  ;-)
-- 
Brian Tao (BT300, [EMAIL PROTECTED])
Though this be madness, yet there is method in't

-- Forwarded message --
Date: Mon, 18 Jul 2005 23:15:29 -0700
From: Ted Mittelstaedt [EMAIL PROTECTED]
To: Greg 'groggy' Lehey [EMAIL PROTECTED]
Cc: Ray Jenson [EMAIL PROTECTED], freebsd-questions@FreeBSD.org,
 [EMAIL PROTECTED]
Subject: RE: Demon license?



-Original Message-
From: Greg 'groggy' Lehey [mailto:[EMAIL PROTECTED]
Sent: Monday, July 18, 2005 3:28 PM
To: Ted Mittelstaedt
Cc: Ray Jenson; freebsd-questions@FreeBSD.org; [EMAIL PROTECTED]
Subject: Re: Demon license?


On Monday, 18 July 2005 at  2:23:45 -0700, Ted Mittelstaedt wrote:
 On  Monday, July 18, 2005 1:53 AM, Greg 'groggy' Lehey wrote:
 On Monday, 18 July 2005 at  1:12:12 -0700, Ted Mittelstaedt wrote:
 X-Mailer: Microsoft Outlook IMO, Build 9.0.6604 (9.0.2911.0)
 On  Sunday, July 17, 2005 4:14 PM, Greg 'groggy' Lehey wrote:
 The daemon is copyright of Kirk McKusick [EMAIL PROTECTED].
 You should ask him for permission.  In general he gives it if the
 usage is BSD-related, as it appears to be in this case.

 Strictly speaking, the IMAGES of the daemon that are on the
 mckusick.com website are what is copyrighted.  Nothing is stopping
 someone from drawing a 'devil' image and associating it with
 FreeBSD.

 I no longer speak for the FreeBSD project, but we have never
wanted to
 be associated with devils.  I'm sure we would object if
someone drew a
 'devil' image and associated it with FreeBSD.

 Oh, you must think yourself very clever for that bit of deliberate
 misinterpretation.  I hope you don't let it go to your head.

This isn't misinterpretation.  They're your words.  You've been around
the project for a long time, but you still don't understand how
important it is to us to refer to the daemon correctly.


For the second time, I was not referring to The FreeBSD Daemon as
per Kirk's image, in that sentence.

Ted

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RE: Demon license?

2005-07-19 Thread Ray Jenson
It was not my intention to start a flame war, folks. I'm sorry. I didn't
realize what a hot topic this little daemon is, and I really didn't mean to
step on anyone's feel-bads or press anyone's hot-buttons.

I've taken the tongue-in-cheek comments as just that: tongue-in-cheek. I'm
not a member of this community, but it still seems I've done more to
further the division than heal it.

I've explained which side I'm on. I'm firmly pro-Beastie. But this was not
the issue I originally wanted to discuss.

I wanted to know whom I should contact regarding the use of Mr. Beast, and
that question has largely been answered.

And now the subject is breaking down into a flame war about whether or not
the iconographic daemon should be changed or not. The facts of the matter
are, I never intended for this to happen, and I offer my solemn apologies
for starting it. Yes, it's all my fault, even if I didn't realize what a can
of worms I was opening.

Please, let's try to be civil! Finger-pointing and ridicule are not proper
tools for rational discussion. They are also, in my experience,
counter-productive (I lost my first wife to this, as well as an enormous
number of business opportunities).

SO, to try to undo some of the damage that I've done and put this on a more
constructive path, I'd like to respond to both Grog and Ted.

Says Groggy:

Personally, I think it's a good idea to create for ourselves something 
that can contribute to a public face less open to misinterpretation 
while still safeguarding part of the community culture. I haven't 
spoken up on it so far because I saw no need to. I submit that it's 
entirely possible that there are many like me. Being more vocal does 
not make you the majority.

Being more vocal does not, in fact, make you the majority, but it does in
practice. Evidence of this include extremist factions like al-Qaida, the
neo-Nazis, and the Sierra Club. These groups are the most vocal
representations of their respective political agendas, but far from
represent the whole. The terrorist organization of al-Qaida, for example, is
one of the most vocal groups in the Middle East, but they do not actually
corner the market on the religion of Islam, or even anti-American sentiment
in the region. They are a vast minority. The neo-Nazis are another example.
They claim to represent the white race. However, not all white people are
racists, nor all Americans, Swedes, Germans, or any other nationality that
they claim to represent. I myself am considered white but I am far from
being anything even remotely resembling a racist. And then there's the
Sierra Club, who claims to represent environmentalism in general. I can see
their hearts are in the right place, but they really don't have a leg to
stand on, with regard to a lot of the claims they generated over the years.
They did, in fact, prevent proscribed burning in Colorado, which has
effectively killed off a great deal of the forests because of the need for
proscribed burns which help distribute seeds of certain foliage.

And now for Ted:

 The FreeBSD Project isn't just composed of the core members and the
 software.  It encompasses that as well as the entire userbase.  If you
 want the userbase to come round to your point of view on this logo thing,
 then you need to handle the userbase with respect.

And so do you, including those whom you disagree with. The entire purpose of
keeping this discussion going is to arrive at a general consensus, benefit
everyone (including Grog), and make a kind of open community forum for being
able to discuss the possibilities. I found your post needling and
disrespectful to Groggy, and while I disagree with Grog's points, I disagree
with your methods. Please try to be more respectful or leave me out of the
includes.

This being said, you do bring up some very valid points:

 So far the userbase has NOT been asked to vote on this topic.

This, to me, points to either a fear of outright rejection or a splintering
of the group into factions. NetBSD, for example, seems to be anti-Beastie,
and I couldn't find one solitary logo anywhere on their site that even
remotely referred to the daemon image. My thought is that this is fine.
FreeBSD can retain the beast, and those dissatisfied with the beast image
are free to develop another BSD version, right? So, if you really want to
splinter the group, by all means push for a change that the majority doesn't
really want.

Okay, now for the general stuff:

It's silly and extreme to divide so thoroughly over something that doesn't
really impact the quality of the OS. The logo for FreeBSD is the daemon, and
this is a de facto standard (defaulted to because of its continued use
over the years). To change the logo is to change the entire identity of the
product, in this case. The daemon has served today (now that I know a bit
more about it) to remind me that the way that the system operates is with
different server daemons. These programs are so incredibly useful at keeping
the 

Re: Demon license?

2005-07-19 Thread Josh Ockert
This is somewhat off-topic, but I'd like to point out that I'm not the
one raising the issue.

There have been numerous attempts on -questions to paint the advocates
of a new logo as anti-Beastie. Specifically, Ted, you claim that The
agitators in the FreeBSD project that want to jettison it are falling
all over themselves to carefully explain how that ... really isn't so
strongly identified with FreeBSD. There are no plans to jettison
Beastie, and it has never been claimed that he's not associated with
FreeBSD. Your making this statement is irresponsible behavior and I
for one am going to block the address of anyone who continues on in
this manner.

The logo contest website very specifically says that Beastie will
still be the mascot. From this I conclude one of: a) You have not read
the website and have no idea what you're talking about. b) Are
intentionally trying to start arguments (we call this trolling). c)
Don't know that a mascot is a personified figure associated with
something.

Furthermore, you and some of those sharing your viewpoints have tried
to paint those wishing for a different logo as in the extreme
minority. Personally, I think it's a good idea to create for ourselves
something that can contribute to a public face less open to
misinterpretation while still safeguarding part of the community
culture. I haven't spoken up on it so far because I saw no need to. I
submit that it's entirely possible that there are many like me. Being
more vocal does not make you the majority.

Lastly, I would think that those in The Project are very able to
make decisions like this. It is a meritocracy. Having a contest open
to the public gathers opinions from the community. I wouldn't call
that fascist, yet you seem to try to imply that it is.

In short, take a chill pill.

As to the subject of copyright infringement, allowing other
Beastie-like images to be associated with FreeBSD is not copyright
infringement. Gentoo's penguin is not copyright infringement. Stylized
logos that are merely similar do not infringe on eachother. That's
like suggesting that a professional photographer at a wedding owns all
amateur wedding photos taken by friends and family attending the
event. It is not a subject that is copyrighted, or nobody would be
able to paint flowers anymore. It is the image itself. Any work that
is arrived at independently cannot possibly infringe on another's
copyright. So a redrawing of a daemon that is not a copy of Kirk's is
completely legal. (IANAL.. yet. Give me a couple more years and the
MBE though and that'll change).
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Re: Demon license?

2005-07-19 Thread Greg 'groggy' Lehey
On Monday, 18 July 2005 at  2:23:45 -0700, Ted Mittelstaedt wrote:
 On  Monday, July 18, 2005 1:53 AM, Greg 'groggy' Lehey wrote:
 On Monday, 18 July 2005 at  1:12:12 -0700, Ted Mittelstaedt wrote:
 X-Mailer: Microsoft Outlook IMO, Build 9.0.6604 (9.0.2911.0)
 On  Sunday, July 17, 2005 4:14 PM, Greg 'groggy' Lehey wrote:
 The daemon is copyright of Kirk McKusick [EMAIL PROTECTED].
 You should ask him for permission.  In general he gives it if the
 usage is BSD-related, as it appears to be in this case.

 Strictly speaking, the IMAGES of the daemon that are on the
 mckusick.com website are what is copyrighted.  Nothing is stopping
 someone from drawing a 'devil' image and associating it with
 FreeBSD.

 I no longer speak for the FreeBSD project, but we have never wanted to
 be associated with devils.  I'm sure we would object if someone drew a
 'devil' image and associated it with FreeBSD.

 Oh, you must think yourself very clever for that bit of deliberate
 misinterpretation.  I hope you don't let it go to your head.

This isn't misinterpretation.  They're your words.  You've been around
the project for a long time, but you still don't understand how
important it is to us to refer to the daemon correctly.

 On a more serious note, the userbase is objecting to certain members
 of The Project wanting to jettison the daemon image, and replace it
 with an image of a stuffed Teddy Bear (or something equally
 politically correct) so in the absense of the Project having much
 respect for what the userbase wants in the area of FreeBSD images,
 you can hardly expect the userbase to have much respect for what the
 Project wants in the area of FreeBSD images, now can you?

I must be out of touch.  I haven't seen any of this.

Greg
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RE: Demon license?

2005-07-19 Thread Ted Mittelstaedt


-Original Message-
From: Greg 'groggy' Lehey [mailto:[EMAIL PROTECTED]
Sent: Monday, July 18, 2005 3:28 PM
To: Ted Mittelstaedt
Cc: Ray Jenson; freebsd-questions@FreeBSD.org; [EMAIL PROTECTED]
Subject: Re: Demon license?


On Monday, 18 July 2005 at  2:23:45 -0700, Ted Mittelstaedt wrote:
 On  Monday, July 18, 2005 1:53 AM, Greg 'groggy' Lehey wrote:
 On Monday, 18 July 2005 at  1:12:12 -0700, Ted Mittelstaedt wrote:
 X-Mailer: Microsoft Outlook IMO, Build 9.0.6604 (9.0.2911.0)
 On  Sunday, July 17, 2005 4:14 PM, Greg 'groggy' Lehey wrote:
 The daemon is copyright of Kirk McKusick [EMAIL PROTECTED].
 You should ask him for permission.  In general he gives it if the
 usage is BSD-related, as it appears to be in this case.

 Strictly speaking, the IMAGES of the daemon that are on the
 mckusick.com website are what is copyrighted.  Nothing is stopping
 someone from drawing a 'devil' image and associating it with
 FreeBSD.

 I no longer speak for the FreeBSD project, but we have never 
wanted to
 be associated with devils.  I'm sure we would object if 
someone drew a
 'devil' image and associated it with FreeBSD.

 Oh, you must think yourself very clever for that bit of deliberate
 misinterpretation.  I hope you don't let it go to your head.

This isn't misinterpretation.  They're your words.  You've been around
the project for a long time, but you still don't understand how
important it is to us to refer to the daemon correctly.


For the second time, I was not referring to The FreeBSD Daemon as
per Kirk's image, in that sentence.

Ted
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RE: Demon license?

2005-07-19 Thread Ted Mittelstaedt


-Original Message-
From: Josh Ockert [mailto:[EMAIL PROTECTED]
Sent: Monday, July 18, 2005 10:54 AM
To: Ted Mittelstaedt
Cc: Greg 'groggy' Lehey; Ray Jenson; freebsd-questions@freebsd.org;
[EMAIL PROTECTED]
Subject: Re: Demon license?


This is somewhat off-topic, but I'd like to point out that I'm not the
one raising the issue.

There have been numerous attempts on -questions to paint the advocates
of a new logo as anti-Beastie. Specifically, Ted, you claim that The
agitators in the FreeBSD project that want to jettison it are falling
all over themselves to carefully explain how that ... really isn't so
strongly identified with FreeBSD. There are no plans to jettison
Beastie, and it has never been claimed that he's not associated with
FreeBSD. Your making this statement is irresponsible behavior and I
for one am going to block the address of anyone who continues on in
this manner.


Go ahead.  Blocking it just shows that you are totally unwilling to
consider any position different than your own.  I am at least
willing to continue to discuss it.

Much like the current US President George Bush blocks his ears when
people point out to him that he committed to fire whoever leaked
a covert CIA operative's identity - then when it was discovered that
his right-hand-man did it, he goes back on his word.

If you block the address of anyone who continues on in this manner
you simply prove my point for me - that the proponents of this
anti-Beastie
crusade only care what they want, not what anyone else wants.

The logo contest website very specifically says that Beastie will
still be the mascot. From this I conclude one of: a) You have not read
the website and have no idea what you're talking about. b) Are
intentionally trying to start arguments (we call this trolling). c)
Don't know that a mascot is a personified figure associated with
something.


This mascot argument has been brought up before and disproved
before.  Beastie has been treated as the Project's logo since FreeBSD 1.1
He has been referred to as a mascot - irregularly - but his image has
been used as the defacto logo image for FreeBSD.

Perhaps nobody that YOU might consider authoratative has ever made a
blanket statement that Beastie's image is the official FreeBSD Project's
Logo however that is nothing more than a semantic argument.  His
image has been USED as the logo on just about every CDROM pressing
that Walnut Creek ever sold, and in numerous other websites and
on the FreeBSD Project's website.  And I am not talking about the full
color images on the front of the CD jewel cases, I'm talking about the
minature Beastie logo image on the back.  Face the fact, Beastie is the
current logo.

Now, you may argue that it is time for the FreeBSD Project to change
it's logo - although I have yet to see a logical reason for this -
and I think I and the userbase would have some respect for this
argument if you could use a logical proof.  But your argument that
he never was the logo to begin with is nothing more than an attempt
to side-step the discussion of why do we need to change the logo now.

In short, you know your arguments for making a logo change won't hold
water so you would rather not have to make them - so your going to
try to argue that you don't have to make them since he was never
the logo to begin with

This is a cowards argument and not one that will generate any respect
among the userbase.

And trying to argue that there's room for both a logo and a mascot
is purely an argument of appeasement.  There can only be one recognizable
imagery for The FreeBSD Project, just as for ANY product.  And the
appeasement argument also totally ignores that it is the userbase's
choice of what imagery they recognize as being associated with FreeBSD
that is going to win.  If the userbase turns it's back on the new logo
that this ill-advised contest comes up with, then your going to be
stuck with Beastie continuing to be used and recognized as the 'real'
logo.

The situation would be analogous to if one day Microsoft decided they
wanted to stop using the Windows logo and the word Windows to refer
to their product line.  It wouldn't work because the Windows userbase
would simply ignore any alternative attempt at a logo than the flying
Window.

Furthermore, you and some of those sharing your viewpoints have tried
to paint those wishing for a different logo as in the extreme
minority.

They are.

Personally, I think it's a good idea to create for ourselves
something that can contribute to a public face less open to
misinterpretation while still safeguarding part of the community
culture. I haven't spoken up on it so far because I saw no need to. I
submit that it's entirely possible that there are many like me. Being
more vocal does not make you the majority.


Yes, as a matter of fact, it does.  The FreeBSD Project isn't just
composed of the core members and the software.  It encompasses
that as well as the entire userbase.  If you want the userbase

Re: Demon license?

2005-07-19 Thread Fabian Keil
Ted Mittelstaedt [EMAIL PROTECTED] wrote:

 Greg Lehey said:
 
 I'm sure we would object if someone drew a 'devil' image and
 associated it with FreeBSD.
 
 Re-read this please.  DEVIL image?  What is that?  Devil in
 this context is a religious term.  So what Greg is really saying
 here is that we would object if someone drew a religious image
 and associated it with FreeBSD

You are quoting out of context.

Greg wasn't referring to Beastie as devil, the person before him was.
Greg was intentional misunderstanding that Beastie was meant with
devil. At least that's how I understood it.

Fabian
-- 
http://www.fabiankeil.de/


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Description: PGP signature


Re: Demon license?

2005-07-19 Thread Josh Ockert
 Go ahead.  Blocking it just shows that you are totally unwilling to
 consider any position different than your own.  I am at least
 willing to continue to discuss it.

No. I have no objection to your position. I have an objection to your
complete lack of disrespect. You are a troll. You go on and on,
misquoting, deliberately trying to confuse the issue, and just
generally adding nothing to the discussion.

 Much like the current US President George Bush blocks his ears when
 people point out to him that he committed to fire whoever leaked
 a covert CIA operative's identity - then when it was discovered that
 his right-hand-man did it, he goes back on his word.

Except that in that case people were pointing out facts. As you said
in your email, there has been no official vote. So you have no facts.
You are in effect contradicting yourself when you say that those in
favor of the new logo ARE in the extreme minority, but then say there
was never any tally of opinions.

 If you block the address of anyone who continues on in this manner
 you simply prove my point for me - that the proponents of this
 anti-Beastie crusade only care what they want, not what anyone else wants.

I never said I was anti-Beastie. I'm not. I have many pieces of
pro-Beastie propaganda (look the word up before you start flaming). I
do however think it would be beneficial to have an image that is more
abstract and more suitable to corporate customers. Corporate backing
helps penetration into the market and it sometimes can result in
funding. Refer please to Linux and IBM.

 This mascot argument has been brought up before and disproved
 before.  Beastie has been treated as the Project's logo since FreeBSD 1.1
 He has been referred to as a mascot - irregularly - but his image has
 been used as the defacto logo image for FreeBSD.

There is nothing to disprove. It's not a formal argument. It's a
statement. He will be the project's mascot. Period. There is nothing
more to discuss. I have never said he *wasn't* the logo. If you think
I said that, please reread my original post.

 Perhaps nobody that YOU might consider authoratative has ever made a
 blanket statement that Beastie's image is the official FreeBSD Project's
 Logo however that is nothing more than a semantic argument.  His
 image has been USED as the logo on just about every CDROM pressing
 that Walnut Creek ever sold, and in numerous other websites and
 on the FreeBSD Project's website.  And I am not talking about the full
 color images on the front of the CD jewel cases, I'm talking about the
 minature Beastie logo image on the back.  Face the fact, Beastie is the
 current logo.

I've never disagreed with you on this. Before. Now I will. There are
generally two types of logos. There is the Official Logo which is
often what you see on media packaging. This is usually a combination
of words and a graphic. Those responsible for the new logo contest
contend that the logo in this sense of the word is that found at
http://www.freebsd.org/gifs/freebsd_1.gif. I find that I have no
trouble agreeing with them. A logo is what's supposed to give you a
first impression of a product. A logo is about marketing. Advertising.
Viewed in this light, Beastie cannot be the logo because he does not
have any direct link to the FreeBSD project, he is only associated
with it. One does not see Beastie for the first time and automatically
conclude FreeBSD! It is this goal that one hopes will be
accomplished with the new logo.

 Now, you may argue that it is time for the FreeBSD Project to change
 it's logo - although I have yet to see a logical reason for this -
 and I think I and the userbase would have some respect for this
 argument if you could use a logical proof.  But your argument that
 he never was the logo to begin with is nothing more than an attempt
 to side-step the discussion of why do we need to change the logo now.

Logical proofs are intended to demonstrate truths. An action in the
future is not a truth. No intelligent person would claim that FreeBSD
should change its logo is a theorem to be proven by a system of
postulates and axioms. By virtue of the word should it is entirely a
statement of judgment. The reasoning behind this judgment is that
there are many cases in which FreeBSD might have been used that it was
not because some PHB didn't like Beastie. To be honest, considering
corporate culture and the threat of being sued and/or required to take
sensitivity classes, I cannot fault the PHB for not wanting Beastie
around. In fact, if you search the mail archives you'll find people
trying to get rid of the Beastie boot menu because it got them into
trouble at work.

Forgive my rambling. My point is:
Corporate-friendly politically-correct logo = higher market
penetration = more people using and hopefully contributing to FreeBSD
= FreeBSD gets better
whereas
Current logo/mascot/whatevertheyouwannacallitidontreallygivea
= Some change-resistant people are happy.

 In short, you 

Re: Demon license?

2005-07-19 Thread Bart Silverstrim


On Jul 19, 2005, at 11:36 AM, Josh Ockert wrote:


Go ahead.  Blocking it just shows that you are totally unwilling to
consider any position different than your own.  I am at least
willing to continue to discuss it.


No. I have no objection to your position. I have an objection to your
complete lack of disrespect.


I know I'D be angry at people who show an utter lack of disrepect, you 
punk!  (ha ha..touche'!)



You are a troll. You go on and on,
misquoting, deliberately trying to confuse the issue, and just
generally adding nothing to the discussion.


That's kind of odd since I remember Ted giving help on the list a 
number of times.  Personally the term Troll is becoming rather watered 
down, which is a shame...it used to actually mean someone who was out 
to do nothing but cause trouble.  This is no longer how the word is 
used now apparently.  It is a generic term used towards anyone with 
whom one has a disagreement with online.


One thing I do not understand is why people say things like you're 
deliberately misinterpreting..you're confusing the 
issue..etcand not stop, take a breath, and actually spell out 
the issue(s) *as you understand them* and ask for clarifications.  Get 
some common ground on which to communicate.  If one is talking about 
apples and the other bitching about oranges, at least get that 
straightened out.  Otherwise, you're just wasting your time.


Spell out the issue.  Clarify for understanding.  Argue and *stay on 
topic* until resolved point by point.


Otherwise...quit wasting your time.


Much like the current US President George Bush blocks his ears when
people point out to him that he committed to fire whoever leaked
a covert CIA operative's identity - then when it was discovered that
his right-hand-man did it, he goes back on his word.


Except that in that case people were pointing out facts. As you said
in your email, there has been no official vote. So you have no facts.


Technically, votes != facts.


You are in effect contradicting yourself when you say that those in
favor of the new logo ARE in the extreme minority, but then say there
was never any tally of opinions.


Overall, the argument is foolish.  I really see why some people keep 
their OS projects to themselves for control, if for nothing else than 
to keep large groups of people from bitching about something that may 
or may not be within the scope of the project's goals to begin with.


Beastie has been associated with FreeBSD for how long now?  Since 1.0?  
Ronald McDonald...logo, or mascot?  Does it really matter?  They're 
considered one in the same by the public.


There are a number of more-religious-than-not people who had advocated 
getting rid of the logoscot of Beastie because he invokes the image of 
the DEVIL.  There are many ignoramuses out there who think themselves 
experts in using computers because they get an MSCE cert.  There was 
someone in my own computer science classes who managed to pass with her 
four year degree without even knowing what in hell an operating system 
was in relation to an application. These people are out there making up 
the field of IT Professionals.  Who exactly is qualified to decide 
whether or not Beastie should be the logoscot of the Project?  The 
users who couldn't tell a source code file from a binary?  The users 
who can configure a DHCP server without glancing at the console?   I 
would think the Project people would...since they're the ones doing the 
project.  What they say, goes.


If you don't like it, fork the project with your own 
logo/logoscot/motto/t-shirt.  What you say at the point, goes.



If you block the address of anyone who continues on in this manner
you simply prove my point for me - that the proponents of this
anti-Beastie crusade only care what they want, not what anyone else 
wants.


I never said I was anti-Beastie. I'm not. I have many pieces of
pro-Beastie propaganda (look the word up before you start flaming). I
do however think it would be beneficial to have an image that is more
abstract and more suitable to corporate customers. Corporate backing
helps penetration into the market and it sometimes can result in
funding. Refer please to Linux and IBM.


Yeah, because a fat penguin is a wonderful image to portray.  On the 
other hand, IBM tended to partner with actual corporations with an 
actual logo...for themselves.  Linux gets benefits from the ensuing 
halo effect, but there are particular businesses that get the direct 
benefits.  I don't see Linspire doing cartwheels because of IBM.


The thing is, FreeBSD as a project may think it's NICE to get 
hardware/cash/goodies from businesses, but doesn't set out courting to 
get them (note...not on FBSD Project team, these are my observations 
and opinions).  You wouldn't necessarily WANT it.  When you start 
hopping into bed with particular businesses, you start making 
concessions to them.  Then things just start getting messy.


If you're an impartial 

Re: Demon license?

2005-07-19 Thread Josh Ockert
On 7/19/05, Bart Silverstrim [EMAIL PROTECTED] wrote:
 
 On Jul 19, 2005, at 11:36 AM, Josh Ockert wrote:
 
  Go ahead.  Blocking it just shows that you are totally unwilling to
  consider any position different than your own.  I am at least
  willing to continue to discuss it.
 
  No. I have no objection to your position. I have an objection to your
  complete lack of disrespect.
 
 I know I'D be angry at people who show an utter lack of disrepect, you
 punk!  (ha ha..touche'!)

Oops.

  You are a troll. You go on and on,
  misquoting, deliberately trying to confuse the issue, and just
  generally adding nothing to the discussion.
 
 That's kind of odd since I remember Ted giving help on the list a
 number of times.  Personally the term Troll is becoming rather watered
 down, which is a shame...it used to actually mean someone who was out
 to do nothing but cause trouble.  This is no longer how the word is
 used now apparently.  It is a generic term used towards anyone with
 whom one has a disagreement with online.

No. I disagree with your apparent position. But I think you were
respectful. I wouldn't call you a troll.

  Much like the current US President George Bush blocks his ears when
  people point out to him that he committed to fire whoever leaked
  a covert CIA operative's identity - then when it was discovered that
  his right-hand-man did it, he goes back on his word.
 
  Except that in that case people were pointing out facts. As you said
  in your email, there has been no official vote. So you have no facts.
 
 Technically, votes != facts.

When talking about the opinions of the majority of users, votes are facts.

Seeing as how Ted has never helped me, my impressions of him come
entirely from within the context of this thread. If you'll refer to
his original posting it was very inflammatory. Unless I'm mistaken,
intentionally trying to get a rise out of people is trolling. I kinda
thought this came out of a fishing metaphor.

Ted is the one who made the assertion, that those who don't have a
problem with the new logo are in the minority. That is his assertion.
And the burden of proof *is* on him to prove it.

My guess is that it may seem that way because the majority of people
who are indifferent or even happy about the new logo steer clear of
these heated threads on the subject.

With that, I'm done. Have fun. Ciao.

-- 
Josh Ockert
WMU Student: French Linguistics, Computer Science
-- 
The irony in biblical creationists' rhetoric of implicitly claiming
that God's universe is so inconsistent that carbon decays at erratic
rates is too delicious to ignore.
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Re: Demon license?

2005-07-19 Thread Bart Silverstrim


On Jul 19, 2005, at 2:49 PM, Josh Ockert wrote:


On 7/19/05, Bart Silverstrim [EMAIL PROTECTED] wrote:


On Jul 19, 2005, at 11:36 AM, Josh Ockert wrote:


Go ahead.  Blocking it just shows that you are totally unwilling to
consider any position different than your own.  I am at least
willing to continue to discuss it.


No. I have no objection to your position. I have an objection to your
complete lack of disrespect.


I know I'D be angry at people who show an utter lack of disrepect, you
punk!  (ha ha..touche'!)


Oops.


I was just joshin' you there.  It was an honest typo that induces some 
giggles. :-)



You are a troll. You go on and on,
misquoting, deliberately trying to confuse the issue, and just
generally adding nothing to the discussion.


That's kind of odd since I remember Ted giving help on the list a
number of times.  Personally the term Troll is becoming rather watered
down, which is a shame...it used to actually mean someone who was out
to do nothing but cause trouble.  This is no longer how the word is
used now apparently.  It is a generic term used towards anyone with
whom one has a disagreement with online.


No. I disagree with your apparent position. But I think you were
respectful. I wouldn't call you a troll.


...that's kind of ambiguous.  My apparent position is that Ted's not a 
troll, or that the term troll has become watered down?


If the latter, I'm basing it on general observations across a number of 
lists and Usenet forums...
If the former...well...unless we define what specifically a troll is, 
it couldn't really be solved.  From my understanding of the definition 
in my time on this here In-tar-net, methinks Ted does not fit the bill. 
 Not that I really know the guy...just based on posts I've read of his 
in the past.



Much like the current US President George Bush blocks his ears when
people point out to him that he committed to fire whoever leaked
a covert CIA operative's identity - then when it was discovered that
his right-hand-man did it, he goes back on his word.


Except that in that case people were pointing out facts. As you said
in your email, there has been no official vote. So you have no facts.


Technically, votes != facts.


When talking about the opinions of the majority of users, votes are 
facts.


You can make a statement that can be a fact regarding the position of 
the voters (ie, the majority according to this poll believe Elvis was 
an alien, and if the majority did indeed believe this according to the 
poll then it is a fact about the outcome of the poll) yet it does not 
make the actual position a fact (if the majority of people believe the 
sky is made of vanilla pudding, it does not make the sky actually made 
of vanilla pudding; the majority of people believe in some form of 
higher power deity, but the fact that everyone and their neighbor 
believe this doesn't make it true...hence the term faith).



Seeing as how Ted has never helped me, my impressions of him come
entirely from within the context of this thread.


Well, you might want to do a quick google on him to see what other 
posts have turned up from him in the past.  I won't attest to his 
character, but I do know that his name is constantly flowing into my 
freebsd-questions folder.


Maybe it'll give you a little more understanding of his position.  Or 
you'll want to spit on him when you're done.  I don't honestly know.



If you'll refer to
his original posting it was very inflammatory. Unless I'm mistaken,
intentionally trying to get a rise out of people is trolling. I kinda
thought this came out of a fishing metaphor.


Kinda.  It depends on motive.

I can send a message to the list that is very inflammatory making all 
sorts of statements about FreeBSD users' mothers.  If that's *all* I 
do, and people on the list equate my name with a mental Oh $DEITY not 
again...*  or plonk list, then I'm a troll.


If I'm purely doing this just to piss people off, it's a troll.

If I had a bad day but at least 75% of the time my posts are on topic 
and/or helpful and/or generally at least non-harmful, I'd say it's not 
trolling.


You said it yourself that you don't really know anything about Ted's 
previous posts.  Cut some slack...this topic has been hashed so many 
times over that if it were food it would now be suitable for serving at 
a home for the elderly.  Beastie and the logowars are a touchy topic.



Ted is the one who made the assertion, that those who don't have a
problem with the new logo are in the minority. That is his assertion.
And the burden of proof *is* on him to prove it.


True enough...but to tell the truth, I think most people either don't 
give a damn or would much rather NOT change the logo, either because A) 
Beastie has sentimental value, or B) the *reason* behind 
changing/hiding/downplaying him is asinine (religious hatred, big 
businesses won't suck up to BSD, clueless PHBs and users don't get 
it).



My guess is that it may seem that way because 

Re: Demon license?

2005-07-18 Thread Brian Tao
On Sun, 17 Jul 2005, Ray Jenson wrote:

 Here's where Brian Tao comes in: we'd like permission to use the
 demon on our web site when directly linked to BSD, as well as a
 composite graphic (sample is attached) that would show the devil
 alongside other logos, such as Tux, the Red Hat logo, and
 Microsoft's Windows logo.

Sorry folks, just got back from a two-week trip to China and I'm
just catching up on things now.  I've relocated Ray's e-mail
attachment here, in case it was stripped out of the freebsd-questions:

http://www.luxography.ca/Images/tmp/os.gif

Ray, I only created some of the Powered by... graphics seen at
the bottom of http://www.freebsd.org/art.html , which you are not
using (and thus do not need my permission).  Certain likenesses of the
BSD Daemon are copyrighted by Marshall Kirk McKusick, as others have
pointed out... I encourage you to contact Kirk about your venture, as
he may be able to provide better source material for you.
-- 
Brian Tao (BT300, [EMAIL PROTECTED])
Though this be madness, yet there is method in't



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RE: Demon license?

2005-07-18 Thread Ted Mittelstaedt


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Greg 'groggy'
Lehey
Sent: Sunday, July 17, 2005 4:14 PM
To: Ray Jenson
Cc: freebsd-questions@freebsd.org; [EMAIL PROTECTED]
Subject: Re: Demon license?



 alongside other logos, such as Tux, the Red Hat logo, and
 Microsoft's Windows logo. We're in the process of testing our
 hardware configurations before offering BSD-powered machines to our
 clients, which should knock a significant amount off the
 price. These logos are not currently displayed, but I can send you a
 mock-up if you need it.

The daemon is copyright of Kirk McKusick [EMAIL PROTECTED].  You
should ask him for permission.  In general he gives it if the usage is
BSD-related, as it appears to be in this case.

Strictly speaking, the IMAGES of the daemon that are on the mckusick.com
website are what is copyrighted.  Nothing is stopping someone from
drawing
a 'devil' image and associating it with FreeBSD.

Over the years there have been many representations of the BSD Daemon.
Not all are copyrighted by Kirk, for example:

http://www.mckusick.com/beastie/shirts/bsdunix.html
http://www.mckusick.com/beastie/shirts/usenix.html

Both the above are USENIX copyrights - per Kirk.

However, to me the most classic FreeBSD Daemon image that has ever been
done has been the 4.3BSD one:

http://www.mckusick.com/beastie/gif/bsd4_3.gif

That one, and similar variants, I think also are the most recognizable
one
as the FreeBSD one.  And that one and the variants are copyrighted by
Kirk.

Ted

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Re: Demon license?

2005-07-18 Thread Greg 'groggy' Lehey
[Format recovered--see http://www.lemis.com/email/email-format.html]

Incorrect text wrapping

On Monday, 18 July 2005 at  1:12:12 -0700, Ted Mittelstaedt wrote:
 X-Mailer: Microsoft Outlook IMO, Build 9.0.6604 (9.0.2911.0)
 On  Sunday, July 17, 2005 4:14 PM, Greg 'groggy' Lehey wrote:

No I didn't.  I wrote this on Monday, 18 Jul 2005 08:44:03.

 The daemon is copyright of Kirk McKusick [EMAIL PROTECTED].
 You should ask him for permission.  In general he gives it if the
 usage is BSD-related, as it appears to be in this case.

 Strictly speaking, the IMAGES of the daemon that are on the
 mckusick.com website are what is copyrighted.  Nothing is stopping
 someone from drawing a 'devil' image and associating it with
 FreeBSD.

I no longer speak for the FreeBSD project, but we have never wanted to
be associated with devils.  I'm sure we would object if someone drew a
'devil' image and associated it with FreeBSD.

Greg
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RE: Demon license?

2005-07-18 Thread Ted Mittelstaedt


-Original Message-
From: Greg 'groggy' Lehey [mailto:[EMAIL PROTECTED]
Sent: Monday, July 18, 2005 1:53 AM
To: Ted Mittelstaedt
Cc: Ray Jenson; freebsd-questions@FreeBSD.org; [EMAIL PROTECTED]
Subject: Re: Demon license?


[Format recovered--see http://www.lemis.com/email/email-format.html]

Incorrect text wrapping

On Monday, 18 July 2005 at  1:12:12 -0700, Ted Mittelstaedt wrote:
 X-Mailer: Microsoft Outlook IMO, Build 9.0.6604 (9.0.2911.0)
 On  Sunday, July 17, 2005 4:14 PM, Greg 'groggy' Lehey wrote:

No I didn't.  I wrote this on Monday, 18 Jul 2005 08:44:03.

 The daemon is copyright of Kirk McKusick [EMAIL PROTECTED].
 You should ask him for permission.  In general he gives it if the
 usage is BSD-related, as it appears to be in this case.

 Strictly speaking, the IMAGES of the daemon that are on the
 mckusick.com website are what is copyrighted.  Nothing is stopping
 someone from drawing a 'devil' image and associating it with
 FreeBSD.

I no longer speak for the FreeBSD project, but we have never wanted to
be associated with devils.  I'm sure we would object if someone drew a
'devil' image and associated it with FreeBSD.


Oh, you must think yourself very clever for that bit of deliberate
misinterpretation.  I hope you don't let it go to your head.

On a more serious note,
the userbase is objecting to certain members of The Project
wanting to jettison the daemon image, and replace it with an image
of a stuffed Teddy Bear (or something equally politically correct)
so in the absense of the Project having much respect for what
the userbase wants in the area of FreeBSD images, you can hardly
expect the userbase to have much respect for what the Project
wants in the area of FreeBSD images, now can you?

The phrase daemon
image in the context of a sentence about FreeBSD carries a very
specific connotation of one of Kirks images, that image that I
mentioned in my prior post.  (and is in fact at the top of the
FreeBSD project webpage)  If I had said:

Nothing is stopping someone from drawing a daemon image

that would have been interpreted as advocating copyright infringement
due to the connotation, because it would have been read as
making a likeness that is very similar to Beastie.  It would have
been incorrect since that was not what I meant.

However, what I said gets the idea across that the image I'm talking
about would be closer to one of the daemons that are on the USENIX
copyrighted images that were linked.  Thus not infringing on Kirk's
image, yet still getting the daemon association across. (not
devil association)

Actually, it is ironic that over the years that Kirk's image
has been so strongly identified with FreeBSD.  The agitators in
the FreeBSD project that want to jettison it are falling all over
themselves
to carefully explain how that image really isn't a logo for FreeBSD,
and really isn't so strongly identified with FreeBSD.  Yet
we all know different, as your post admits - since if Kirk's beastie
image wasn't identified as the FreeBSD logo image by the userbase,
you never would have jumped to Beastie's defense.

But if in fact a succession of beastie images had been in current
use, instead of Kirks one very fine image, it would have diluted the
shock value of the Beastie image, and probably would have removed
the main objection the anti-Beastie group has to the strong
identification
of a Devil to FreeBSD.  (since it would be expected that people would
use whatever imagery they preferred, rather than toeing the line to
use the One True Beastie image that Kirk copyrighted)

Ted

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Demon license?

2005-07-17 Thread Ray Jenson
Greetings!

My name is Ray Jenson, and I'm the CEO of a new start-up company in Utah,
called Red Heron Corporation. Our company has recently decided that we'd
like to start shipping CD's as a service to our customers. We would
prominently display a link to the FreeBSD web site, as well as notifying our
clients of the ability to download the software free.

Here's where Brian Tao comes in: we'd like permission to use the demon on
our web site when directly linked to BSD, as well as a composite graphic
(sample is attached) that would show the devil alongside other logos, such
as Tux, the Red Hat logo, and Microsoft's Windows logo. We're in the process
of testing our hardware configurations before offering BSD-powered machines
to our clients, which should knock a significant amount off the price. These
logos are not currently displayed, but I can send you a mock-up if you need
it.

Also, I am wondering whom I contact with regard to getting authorization to
actually ship the software. We wouldn't necessarily want ad space anywhere,
until we're sure that we can provide timely shipments (our processes are
still being developed).

We are an OEM. We plan to start doing business on August 1st 2005. We will
have an e-commerce storefront and will plan to offer BSD along with other
products if we can find someplace to supply the optical media so that we can
ship it.

Thanks,

Ray Jenson, CEO
Red Heron Corporation
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Re: Demon license?

2005-07-17 Thread Greg 'groggy' Lehey
On Sunday, 17 July 2005 at 16:54:30 -0600, Ray Jenson wrote:
 Greetings!

 My name is Ray Jenson, and I'm the CEO of a new start-up company in Utah,
 called Red Heron Corporation. Our company has recently decided that we'd
 like to start shipping CD's as a service to our customers. We would
 prominently display a link to the FreeBSD web site, as well as notifying our
 clients of the ability to download the software free.

 Here's where Brian Tao comes in: we'd like permission to use the demon on
 our web site when directly linked to BSD, as well as a composite graphic
 (sample is attached) 

It doesn't seem to have made it.

 that would show the devil

Devil?  Devil?  That's a daemon!

 alongside other logos, such as Tux, the Red Hat logo, and
 Microsoft's Windows logo. We're in the process of testing our
 hardware configurations before offering BSD-powered machines to our
 clients, which should knock a significant amount off the
 price. These logos are not currently displayed, but I can send you a
 mock-up if you need it.

The daemon is copyright of Kirk McKusick [EMAIL PROTECTED].  You
should ask him for permission.  In general he gives it if the usage is
BSD-related, as it appears to be in this case.

 Also, I am wondering whom I contact with regard to getting
 authorization to actually ship the software. We wouldn't necessarily
 want ad space anywhere, until we're sure that we can provide timely
 shipments (our processes are still being developed).

The FreeBSD license states the conditions for distribution.  It's in
the file /COPYRIGHT on any installed FreeBSD system.  It's relatively
long, so I won't include it all here, but the salient points are:

  Redistribution and use in source and binary forms, with or without
  modification, are permitted provided that the following conditions
  are met:
  1. Redistributions of source code must retain the above copyright
 notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright
 notice, this list of conditions and the following disclaimer in the
 documentation and/or other materials provided with the distribution.

Greg
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Re: Demon license?

2005-07-17 Thread Lane
On Sunday 17 July 2005 17:54, Ray Jenson wrote:
 Greetings!

 My name is Ray Jenson, and I'm the CEO of a new start-up company in Utah,
 called Red Heron Corporation. Our company has recently decided that we'd
 like to start shipping CD's as a service to our customers. We would
 prominently display a link to the FreeBSD web site, as well as notifying
 our clients of the ability to download the software free.

 Here's where Brian Tao comes in: we'd like permission to use the demon on
 our web site when directly linked to BSD, as well as a composite graphic
 (sample is attached) that would show the devil alongside other logos, such
 as Tux, the Red Hat logo, and Microsoft's Windows logo. We're in the
 process of testing our hardware configurations before offering BSD-powered
 machines to our clients, which should knock a significant amount off the
 price. These logos are not currently displayed, but I can send you a
 mock-up if you need it.

 Also, I am wondering whom I contact with regard to getting authorization to
 actually ship the software. We wouldn't necessarily want ad space anywhere,
 until we're sure that we can provide timely shipments (our processes are
 still being developed).

 We are an OEM. We plan to start doing business on August 1st 2005. We will
 have an e-commerce storefront and will plan to offer BSD along with other
 products if we can find someplace to supply the optical media so that we
 can ship it.

 Thanks,

 Ray Jenson, CEO
 Red Heron Corporation
It's daemon, Ray, not devil.

The devil is in the Microsoft licensing.

lane
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