Re: Who owns old icons?

2008-08-04 Thread Judy Perry
Thanks, Richard, Kay  Mark (not in any particular order other than my
late-night, brain-addled one)!

I forget now what I was going to say... u Oh, yeah, the icons.
 Yeah, they're old, 1-bit, whatever...

But they're still WAYYY COOOL in some cases!

Newer ain't always better...  I can't tell you how many times I've
reached out for the beautiful simplicity of the stack icon, or the
speaker icon, the arrows... etc.

Sheer simplistic beauty.  I LOVED that screen with all of the
miniature graphics.  I still keep around an old OS9 egg-shaped
original iMac just for that purpose!  (well, okay, that and running
the FLYINGCOLORS kidpix-on-steroids app that's only OS9).

Apple didn't hire an artist who specialized in miniaturization for nothing!

24-bit new crap is still crap...

Judy


On Sun, Aug 3, 2008 at 2:03 PM, Richard Gaskin
[EMAIL PROTECTED] wrote:
 In spite of any statements from Apple Europe, the last official public
 statement from any authorized representative from Apple's heaquarters in
  Cupertino was:

  There have been some rumors about us canceling HyperCard,
   which are totally bu||sh*t.
   - Steve Jobs, October 1998, CAUSE Conference

 You can enjoy an audio clip of that here: http://www.ihug.org/
 AFAIK, no public statement to the contrary has ever been issued from Apple's
 main office.

 But no matter how much fun we may have with Jobs' quote, the current status
 of a product's availability has no bearing at all on its copyright
 protection.

 Before I continue, California state law requires me to include this
 disclaimer:  I am not an attorney.  If you need an attorney you should
 consult the services of a qualified professional in your area.

 With that out of the way, here's the dope:

   Works created on or after January 1, 1978

   The following rules apply to published and unpublished works:

* For one author, the work is copyright-protected for the life
  of the author plus 70 years.

* For joint authors, the work is protected for the life of the
  surviving author plus 70 years.

* For works made for hire, the work is protected for 95 years
  from the first publication or 120 years from the date of its
  creation, whichever is less.

 http://www.nolo.com/article.cfm/pg/2/objectId/D0C278CD-7D19-4EAD-B5E2124009D20220/catId/2EB060FE-5A4B-4D81-883B0E540CC4CB1E/310/276/136/CHK/

 To the best of my knowledge, under both US law and the Berne Convention
 (which now has 163 signing nations) copyright is granted to the creator of a
 work regardless whether the work is ever even published at all, and remains
 in effect similarly without regard for continued publication or any public
 availability of any kind.

 You can create an image, sell it for one day, and then discontinue sales
 forever after and your copyright on any copies of that image you sold that
 day will still remain in effect for as long as you live plus 70 years.

 In brief, the creator of a work defines how the work is used.  If you don't
 like the terms granted by the creator your only legal options are to wait a
 very long time, or simply to create your own original work and define its
 terms however you like.

 With HyperCard this would seem a minor issue, since in addition to being
 owned by someone else its icons are low-res, 1-bit, and in general rather
 dated.  In the 12 years since HyperCard was last updated the rest of the
 world has continued to move forward, and today you can find thousands of
 free full-color icons all over the web:

 http://images.google.com/images?q=free+icons

 --
  Richard Gaskin
  Managing Editor, revJournal
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Re: Who owns old icons?

2008-08-04 Thread Rick Harrison

Unless Apple, Inc. has put all of HyperCard into the public domain,
the HyperCard icons are still owned by Apple, Inc.

According to www.wikipedia.org:

The Copyright Term Extension Act (CTEA) of 1998 – alternatively known  
as the Sonny Bono Copyright Term Extension Act, Sonny Bono Act, or  
pejoratively as the Mickey Mouse Protection Act – extended copyright  
terms in the United States by 20 years. Before the Act (under the  
Copyright Act of 1976), copyright would last for the life of the  
author plus 50 years, or 75 years for a work of corporate authorship;  
the Act extended these terms to life of the author plus 70 years and  
for works of corporate authorship to 120 years after creation or 95  
years after publication, whichever endpoint is earlier.[1] The Act  
also affected copyright terms for copyrighted works published prior to  
January 1, 1978, also increasing their term of protection by 20 years,  
to a total of 95 years from publication.


Unless you can either confirm that Apple, Inc. has put
HyperCard into the public domain, or you have obtained
permission from the Apple, Inc. legal department, you
cannot do what you want with those icons.

Yes, I know it seems terrible, but if you were Apple, Inc.
I'm sure you would want to protect your under used icons too.
After all Apple might want to consider using them for some
different application in the future.

wikipedia.org has a lot more information about copyright,
and I suggest that anyone who is interested to check it out.






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Who owns old icons?

2008-08-04 Thread Richmond Mathewson
Rick Harrison wrote:

Unless Apple, Inc. has put all of HyperCard into the public domain,
the HyperCard icons are still owned by Apple, Inc.

which seems pretty clear and unequivocal.

However, old icons are a bit like my face:

I own my face, and were somebody to mysteriously remove it and graft it on to 
another person they would have stolen it.

However, journalists and others photograph people's faces and publish them 
everywhere without so much as a backward glance; and they cannot be said to 
have stolen people's faces, or even their likenesses.

Now, were I to post the HyperCard application, or, say, a ResEdit document 
containing Hypercard icons on a website and/or user group I would have stolen 
the icons.

However, were I to post (as, indeed I have done) photographs (i.e. screenshots) 
of HyperCard icons; this would be similar to an individual publishing a 
photograph of me s/he took. Of course if it were of me, say, in my bath with a 
plastic duck,I might feel fairly cheesed-off, and that it were an invasion of 
privacy.

Apple have never hid their HyperCard icons in the bathroom (they have flashed 
them around like nobody's business), and the 'photographs' of them published on 
my Yahoo Group

http://tech.groups.yahoo.com/group/RsHYPERCARD

are not with plastic ducks; in fact no 'value judgements' are attached to 
them at all.

Not the same situations, at all!

sincerely, Richmond Mathewson.


A Thorn in the flesh is better than a failed Systems Development Life Cycle.



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Re: Who owns old icons?

2008-08-04 Thread Mikey
Despite discussions to the contrary, at least according to this article in
Wikipedia http://en.wikipedia.org/wiki/Abandonware, abandonware is still
protected by copyright, regardless of a copyright holder's lack of
enforcement.
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Who owns old icons?

2008-08-04 Thread Richmond Mathewson
I am startling unoriginal:

http://www.mail-archive.com/[EMAIL PROTECTED]/msg00420.html



A Thorn in the flesh is better than a failed Systems Development Life Cycle.



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Who owns old icons?

2008-08-04 Thread Richmond Mathewson
Images as follows:

http://www.granneman.com/images/mac_icons_1984.gif

http://homepage.mac.com/chinesemac/earlymacs/

http://www.mactech.com/articles/mactech/Vol.05/05.10/DotPrinter/img003.gif

http://www.geocities.jp/classiclll/images2/icon_low.gif

This discussion is rapidly reaching its natural end.

sincerely, Richmond Mathewson.



A Thorn in the flesh is better than a failed Systems Development Life Cycle.



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Re: Who owns old icons?

2008-08-04 Thread Richard Gaskin

Richmond Mathewson wrote:

 Rick Harrison wrote:

 Unless Apple, Inc. has put all of HyperCard into the public domain,
 the HyperCard icons are still owned by Apple, Inc.

 which seems pretty clear and unequivocal.

 However, old icons are a bit like my face:

 I own my face, and were somebody to mysteriously remove it and
 graft it on to another person they would have stolen it.

 However, journalists and others photograph people's faces and
 publish them everywhere without so much as a backward glance;
 and they cannot be said to have stolen people's faces, or even
 their likenesses.

You did not create your face.  In the US, your image in public places is 
considered pubic domain, and can be photographed by anyone without 
requiring consent.  Photos of your face taken in private places will 
require your consent, or may be considered an invasion of privacy.  But 
it's the privacy at play with faces, not copyright (at least not in the 
US; YMMV); you did not create your face, and copyright is generally 
limited to the domain of created works.



 Now, were I to post the HyperCard application, or, say, a ResEdit
 document containing Hypercard icons on a website and/or user group
 I would have stolen the icons.

 However, were I to post (as, indeed I have done) photographs (i.e.
 screenshots) of HyperCard icons; this would be similar to an
 individual publishing a photograph of me s/he took.

Actually, photographs of paintings are covered by the copyright of the 
painting being photographed.  There may be exceptions for incidental use 
(e.g., a painting in the far background of a photograph of a gallery), 
but the rules for incidental use are vague and the copyright holder can 
elect to have them tested in court.


Pixel-for-pixel copies of a work, even if saved in a different format, 
have been tested by the court and found to be under the protection of 
the copyright holder of the original work.  In some cases even modest 
deviance from the original may still be protected, unless the defendant 
can demonstrate that their work was indeed original and similarity is 
purely coincidental.


Oddly enough, fonts are a specific exclusion to this protection, having 
been defined by the courts as purely utilitarian and therefore 
unprotectable by copyright (given the artfulness required for font 
design I disagree with this ruling, but the courts rarely consult me 
when making judgments).  The underlying code of vector fonts can be 
protected as software instructions, but the actual rendered image of the 
glyphs themselves are not protected (hence the knock-off industry).


Screenshots which include copyrighted images may fall under incidental 
use, but as I noted such usage is vaguely defined and may be tested at 
the copyright holder's election.



 This discussion is rapidly reaching its natural end.

Yes, all citations of governing law have demonstrated that distribution 
of pixel-perfect copies of an entire collection Apple's icons represents 
a violation of their copyright.


If this seems unclear the best test of course is to verify this with 
Apple.  I'm not an attorney, and I haven't seen any of the attorneys on 
this list offer their opinions, so while no one here can be of 
assistance the original copyright holder is the one who can best answer 
your question.


--
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 Managing Editor, revJournal
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RE: Who owns old icons?

2008-08-04 Thread Lynn Fredricks
   However, were I to post (as, indeed I have done) photographs (i.e.
   screenshots) of HyperCard icons; this would be similar to 
 an   individual publishing a photograph of me s/he took.
 
 Actually, photographs of paintings are covered by the 
 copyright of the painting being photographed.  There may be 
 exceptions for incidental use (e.g., a painting in the far 
 background of a photograph of a gallery), but the rules for 
 incidental use are vague and the copyright holder can elect 
 to have them tested in court.

I believe this was settled as well because of a case with Corel trying to
copyright pictures of famous paintings.

 Oddly enough, fonts are a specific exclusion to this 
 protection, having been defined by the courts as purely 
 utilitarian and therefore unprotectable by copyright (given 
 the artfulness required for font design I disagree with this 
 ruling, but the courts rarely consult me when making 
 judgments).  The underlying code of vector fonts can be 
 protected as software instructions, but the actual rendered 
 image of the glyphs themselves are not protected (hence the 
 knock-off industry).

This can really vary, country to country - even with the Berne Convention.
Apple ran into trouble years ago with Japanese fonts, because fonts in
Japan, at least at the time, were covered under Japanese copyright law (font
houses claiming to have had exclusive rights to the fonts for hundreds of
years). Of course, creating a font with 2000 characters in it is no small
task ;-) One company effectively did that for postscript fonts and it was
very, very expensive to get fonts that worked at a high quality print
resolution. Apple either licensed or created some very nice Japanese
TrueType fonts though - not perfect by any means for digital printing at the
time, but certainly good enough for word processing.

Best regards,

Lynn Fredricks
Mirye Software Publishing
http://www.mirye.com

Mirye Community NING
http://miryesoftware.ning.com 

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Re: Who owns old icons?

2008-08-04 Thread Noel
I've been reading this conversation, and have to throw a few points 
of clarification out there.


First off, Fonts and dingbats both are copyrighted by the person that 
created them.   Typefaces on the other hand, are not covered by 
copyright.  However the US hasn't yet made a legal decision on if a 
font is a typeface yet (go figure).  But ask any publishing house, 
and they will tell you they make sure to have licenses for any 
typeface they use that isn't in the public domain.


Next, the Corel vs Bridgeman Art Library case says that if the 2d 
object (such as a painting) is in the public domain due to its age, 
the owner of the object cannot claim copyright on its image.  You can 
take a picture of that object, and do whatever you personally want to 
do with it and keep the copyright of that image.  However, this law 
has not been tested on anything 3d (such as a statue), and doesn't 
apply to everywhere (US is the main application of this law)


Almost last, the idea of changing the item so copyright doesn't 
apply.  The owner of the original copyright also owns all derivative 
works from that copyright.  So you cannot take someones icons, change 
them slightly, and claim they are yours now.


And finally Last.  Taking a screenshot of an icon, in no way gives 
you a right to distribute that property.  The original icon still has 
copyright on it, you are not allowed to claim copyright on a 
picture or a screenshot of that item.


Just a few things to throw out there :)

 - Noel

At 12:18 PM 8/4/2008, you wrote:

Richmond Mathewson wrote:

 Rick Harrison wrote:

 Unless Apple, Inc. has put all of HyperCard into the public domain,
 the HyperCard icons are still owned by Apple, Inc.

 which seems pretty clear and unequivocal.

 However, old icons are a bit like my face:

 I own my face, and were somebody to mysteriously remove it and
 graft it on to another person they would have stolen it.

 However, journalists and others photograph people's faces and
 publish them everywhere without so much as a backward glance;
 and they cannot be said to have stolen people's faces, or even
 their likenesses.

You did not create your face.  In the US, your image in public 
places is considered pubic domain, and can be photographed by anyone 
without requiring consent.  Photos of your face taken in private 
places will require your consent, or may be considered an invasion 
of privacy.  But it's the privacy at play with faces, not copyright 
(at least not in the US; YMMV); you did not create your face, and 
copyright is generally limited to the domain of created works.



 Now, were I to post the HyperCard application, or, say, a ResEdit
 document containing Hypercard icons on a website and/or user group
 I would have stolen the icons.

 However, were I to post (as, indeed I have done) photographs (i.e.
 screenshots) of HyperCard icons; this would be similar to an
 individual publishing a photograph of me s/he took.

Actually, photographs of paintings are covered by the copyright of 
the painting being photographed.  There may be exceptions for 
incidental use (e.g., a painting in the far background of a 
photograph of a gallery), but the rules for incidental use are vague 
and the copyright holder can elect to have them tested in court.


Pixel-for-pixel copies of a work, even if saved in a different 
format, have been tested by the court and found to be under the 
protection of the copyright holder of the original work.  In some 
cases even modest deviance from the original may still be protected, 
unless the defendant can demonstrate that their work was indeed 
original and similarity is purely coincidental.


Oddly enough, fonts are a specific exclusion to this protection, 
having been defined by the courts as purely utilitarian and 
therefore unprotectable by copyright (given the artfulness required 
for font design I disagree with this ruling, but the courts rarely 
consult me when making judgments).  The underlying code of vector 
fonts can be protected as software instructions, but the actual 
rendered image of the glyphs themselves are not protected (hence the 
knock-off industry).


Screenshots which include copyrighted images may fall under 
incidental use, but as I noted such usage is vaguely defined and 
may be tested at the copyright holder's election.



 This discussion is rapidly reaching its natural end.

Yes, all citations of governing law have demonstrated that 
distribution of pixel-perfect copies of an entire collection Apple's 
icons represents a violation of their copyright.


If this seems unclear the best test of course is to verify this with 
Apple.  I'm not an attorney, and I haven't seen any of the attorneys 
on this list offer their opinions, so while no one here can be of 
assistance the original copyright holder is the one who can best 
answer your question.


--
 Richard Gaskin
 Managing Editor, revJournal
 ___
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Re: Who owns old icons?

2008-08-03 Thread Mark Schonewille

Hi Kay,

That's not true. Apple declared HyperCard dead. They deliberately took  
their HyperCard website off-line and the general director of Apple  
Europe told me Apple would never ever invest in HyperCard again and  
apparently they wouldn't even consider buying stamps to ship any  
remaining inventory to Europe.


I haven't seen that list lately, but I guess AppleWorks for Apple IIGS  
is still on it too.


--
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Mark Schonewille

Economy-x-Talk Consulting and Software Engineering
http://economy-x-talk.com
http://www.salery.biz

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On 3 aug 2008, at 11:08, Kay C Lan wrote:

On Sat, Aug 2, 2008 at 4:16 PM, Richmond Mathewson [EMAIL PROTECTED] 
wrote:


Don't know what the true legal status is, but what I can confirm is  
that the
last time I registered software with Apple, 10.5, HyperCard was  
still listed

as a product that could be registered. So although HC may be old, my
impression is Apple feel that although it isn't moving, it ain't dead.

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Re: Who owns old icons?

2008-08-03 Thread Kay C Lan
On Sat, Aug 2, 2008 at 4:16 PM, Richmond Mathewson [EMAIL PROTECTED]wrote:


 However, I don't know the legal status of these .jpg and .png images, and
 don't really want a large fruit breathing down my neck.


Don't know what the true legal status is, but what I can confirm is that the
last time I registered software with Apple, 10.5, HyperCard was still listed
as a product that could be registered. So although HC may be old, my
impression is Apple feel that although it isn't moving, it ain't dead.
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Re: Who owns old icons?

2008-08-03 Thread Kay C Lan
On Sun, Aug 3, 2008 at 5:31 PM, Mark Schonewille 
[EMAIL PROTECTED] wrote:

 That's not true. Apple declared HyperCard dead. They deliberately took
 their HyperCard website off-line and the general director of Apple Europe
 told me Apple would never ever invest in HyperCard again and apparently they
 wouldn't even consider buying stamps to ship any remaining inventory to
 Europe.


I'm sure that is all true


 I haven't seen that list lately, but I guess AppleWorks for Apple IIGS is
 still on it too.


Yes, AppleWorks is there but I can't remember seeing the IIGS there.

Again, as I stated in my first post, this is my impression, not a statement
of the true legal situation. Whilst Marketing, RD may know that HC is dead,
and high placed exec's in certain circumstances may state that HC is dead,
can you guarantee the legal vultures want come calling.

My reference to HC not being dead was not as a starry eyed User ever hopeful
of HCs resurrection but in context of the legal ramifications of copying
other people's work, even if it is old work. IMO I don't think what Richmond
has done with the HC button icons is kosher, but I don't think Apple will
come calling. On the other hand, did you ask the GD of Apple Europe if you
could convert all the official HC documents to pdf format and distribute it
and everything that came on the floppies onto a single CD and then sell if
for a small price? If you didn't ask that question, what do you imagine the
answer would be?

To me, the existence of HC on the Apple software registration site is all
Apple needs to do to confirm they are still very much the owners of all
things HC. ie it's not public domain. It will be lawyers, not Marketing, RD
or GDs, who decide what to do with people who don't respect that ownership.

Not a lawyer so I'm probably completely wrong.
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Re: Who owns old icons?

2008-08-03 Thread Mark Schonewille

Hi Kay,

We discussed similar possibilities. Apple isn't going to do that,  
because it would be too expensive to make it official. They just  
refuse to do *anything* with HyperCard.


There's one thing that very much surprises me, given Apple's  
statements. The link http://www.apple.com/hypercard still exists.  
Previously, it contained a product description, later it referred to  
the Apple store, and now it redirects to Wikipedia! I get the  
impression that someone at Apple must still have warm feelings for it.


--
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Mark Schonewille

Economy-x-Talk Consulting and Software Engineering
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http://www.salery.biz

Benefit from our inexpensive hosting services. See http://economy-x-talk.com/server.html 
 for more info.


On 3 aug 2008, at 13:42, Kay C Lan wrote:


Yes, AppleWorks is there but I can't remember seeing the IIGS there.

Again, as I stated in my first post, this is my impression, not a  
statement
of the true legal situation. Whilst Marketing, RD may know that HC  
is dead,
and high placed exec's in certain circumstances may state that HC is  
dead,

can you guarantee the legal vultures want come calling.

My reference to HC not being dead was not as a starry eyed User ever  
hopeful
of HCs resurrection but in context of the legal ramifications of  
copying
other people's work, even if it is old work. IMO I don't think what  
Richmond
has done with the HC button icons is kosher, but I don't think Apple  
will
come calling. On the other hand, did you ask the GD of Apple Europe  
if you
could convert all the official HC documents to pdf format and  
distribute it
and everything that came on the floppies onto a single CD and then  
sell if
for a small price? If you didn't ask that question, what do you  
imagine the

answer would be?

To me, the existence of HC on the Apple software registration site  
is all
Apple needs to do to confirm they are still very much the owners of  
all
things HC. ie it's not public domain. It will be lawyers, not  
Marketing, RD
or GDs, who decide what to do with people who don't respect that  
ownership.


Not a lawyer so I'm probably completely wrong.



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Re: Who owns old icons?

2008-08-03 Thread Stephen Barncard
and whoever wrote the Wickipedia article knew about Revolution and 
put it first in the list of decendants of Hypercard.


Other companies offered their own versions. Three products are 
currently available which offer HyperCard-like functionality:


Runtime Revolution's Revolution expands greatly on HyperCard's 
feature set and offers color and a GUI toolkit which can be deployed 
on many popular platforms




http://www.apple.com/hypercard still exists. Previously, it 
contained a product description, later it referred to the Apple 
store, and now it redirects to Wikipedia! I get the impression 
that someone at Apple must still have warm feelings for it.

Mark Schonewille


--


stephen barncard
s a n  f r a n c i s c o
- - -  - - - - - - - - -


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Re: Who owns old icons?

2008-08-03 Thread Richard Gaskin
In spite of any statements from Apple Europe, the last official public 
statement from any authorized representative from Apple's heaquarters in 
 Cupertino was:


  There have been some rumors about us canceling HyperCard,
   which are totally bu||sh*t.
   - Steve Jobs, October 1998, CAUSE Conference

You can enjoy an audio clip of that here: http://www.ihug.org/
AFAIK, no public statement to the contrary has ever been issued from 
Apple's main office.


But no matter how much fun we may have with Jobs' quote, the current 
status of a product's availability has no bearing at all on its 
copyright protection.


Before I continue, California state law requires me to include this 
disclaimer:  I am not an attorney.  If you need an attorney you should 
consult the services of a qualified professional in your area.


With that out of the way, here's the dope:

   Works created on or after January 1, 1978

   The following rules apply to published and unpublished works:

* For one author, the work is copyright-protected for the life
  of the author plus 70 years.

* For joint authors, the work is protected for the life of the
  surviving author plus 70 years.

* For works made for hire, the work is protected for 95 years
  from the first publication or 120 years from the date of its
  creation, whichever is less.

http://www.nolo.com/article.cfm/pg/2/objectId/D0C278CD-7D19-4EAD-B5E2124009D20220/catId/2EB060FE-5A4B-4D81-883B0E540CC4CB1E/310/276/136/CHK/

To the best of my knowledge, under both US law and the Berne Convention 
(which now has 163 signing nations) copyright is granted to the creator 
of a work regardless whether the work is ever even published at all, and 
remains in effect similarly without regard for continued publication or 
any public availability of any kind.


You can create an image, sell it for one day, and then discontinue sales 
forever after and your copyright on any copies of that image you sold 
that day will still remain in effect for as long as you live plus 70 years.


In brief, the creator of a work defines how the work is used.  If you 
don't like the terms granted by the creator your only legal options are 
to wait a very long time, or simply to create your own original work and 
define its terms however you like.


With HyperCard this would seem a minor issue, since in addition to being 
owned by someone else its icons are low-res, 1-bit, and in general 
rather dated.  In the 12 years since HyperCard was last updated the rest 
of the world has continued to move forward, and today you can find 
thousands of free full-color icons all over the web:


http://images.google.com/images?q=free+icons

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 Richard Gaskin
 Managing Editor, revJournal
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Who owns old icons?

2008-08-02 Thread Richmond Mathewson
Having converted the HC icons into JPGs and PNGs I should like to put them 
somewhere more accessible than buried on my moribund website (Updated it last 3 
years ago as it serves almost no purpose); maybe on a Yahoo group, or elsewhere.

However, I don't know the legal status of these .jpg and .png images, and don't 
really want a large fruit breathing down my neck.

Would be glad if someone who knows could advise.

[It might also be useful to consider the old icons buried in Mac OS 6 and so on]

sincerely, Richmond Mathewson.



A Thorn in the flesh is better than a failed Systems Development Life Cycle.



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