01-13-2007, 12:27 PM
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Join Date: Mar 2005
Location: Cleveland, OH
Posts: 3,832
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Well, I have contacted IPS regarding this and here's a little respond from them...
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The emoticons used in IPB are available to the public domain, since their creator released them as such. Whether you are entitled to use derivative works that someone else has made, though, is something you'll have to figure out with them - it isn't really anything to do with IPS.
My personal opinion though, is that its bit of a cheek for them to make minor edits to something available completely free, then not offer the same availablity to others.
(Note: other IPB graphics, such as buttons, aren't in the public domain, and therefore the IPB license applies - just in case there's any confusion)
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Um, you aren't plagiarizing. Plagiarism is taking someone else's ideas or language (written or verbal) without permission and representing it as your own original work. Their claim should have been copyright infringement.
I don't know how it works in other countries. In the US although not tested at our Supreme Court level yet, lower courts here have ruled derivative works of public domain images cannot be protected by copyright unless they show sufficient originality. IMO colorization and background transparency won't cut it. Laws in your or their country may be different.
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(Please don't take what I say as legal advice, this is my own so called "informed guessing" - do wait for confirmation)
The smilies, I believe, are under the same license as IP.Board, meaning that to use them or their derivitive works would require a license from IPS, Inc. That said, using them on vBulletin would most certainly NOT be in the spirit of that license unless you also had an IP.Board license (yes, even if slightly modified - the law of derivitive works applies). You say that there's no need for permission because IPS made the smilies. That's exactly why you must get permission, they're a component of IP.Board - a commercial product.
Now to see whether IPS intends to just "let it fly" so to speak. They may, or may not, allow you to use them. I wouldn't hold out too many hopes though, they've already viciously attacked someone using the buttons without permission (or credit)
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I think you guys still don't get it. It's not like THEY were the ones who ORIGINALLY made the smilies. They were from IPB so the only thing they had to do was change its color and background transparency. Nothing more.
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