Black Glass WPS

[StsIkel]

Despite all issues supposedly being fixed, this theme was abruptly "removed for copyright [infringement]" with no further detail a month ago. I thought the original had already established the look as being an  authorized derivation inspired by MS rather than copying it?

[Llorean]

It used images directly from Windows Media Player. That's copyright infringement.

[soap]

And to clarify:
This was established by direct conversation with the original author.

As for "abrupt":
I understand how it might appear that way - but how can I make the process appear less abrupt?

I was made aware of the likely infringement by Senab while in conversations with a second party over said second party's infringement of Senab's own license.  I do not and have never used Windows Media Player - and so had no reason to know said buttons were directly lifted from it.  It was only because this second party said "well THAT one is infringing as well" that I had to investigate the entire BlackGlass lineage.

I contacted most of the authors of BlackGlass derivatives in an attempt to learn if their artwork was "inspired by" or direct copy.  Eventually I worked my way all the way back up the chain to the original creation and received the upfront and honest answer which led to the decision to pull.

At no point was a rash decision made to pull for the sake of pulling.

EDIT:
In hindsight:  If I had to evaluate the procedure the only step I would take differently would be to not have started the initial query in #rockbox-community (everything that needed to be said was eventually said in #rockbox).

EDIT 2:
http://www.anythingbutipod.com/forum/showthread.php?p=298920#post298920

[StsIkel]

OK, thanks for the information. That thread provides a useful summary of what an author can and cannot do with source material, particularly in regard to lifting copyrighted material straight from source, and creating derivative works in photoshop or similar from those and claiming (directly or through non-attribution) it as their own work. In those terms, it is clearly wrong, but many authors appear to be unaware that what they are doing is illegal.

However, even the DMCA needs a reason in takedown notices. Does TWiki have some sort of 'discuss' area where any relevant details can be kept, or can a slighly longer summary be used in future? (eg: Removed: illegal use of copyrighted images without permission or attribution)


Edit: clearer English  and more exposition

[soap]

so potential authors are fully aware of the consequences of being "inspired" by copywritten UIs.

The issue is NOT that the themes in question were "inspired by copyrighted User Interfaces."
The issue is simply that the themes in question directly lifted copyrighted graphical elements whole cloth.
Please do not confuse the very different situations.

[Llorean]

However, even the DMCA needs a reason in takedown notices.

This isn't like that. The DMCA is when a copyright holder gives reason something on a site should be taken down. This is the step after where the site holders, responding to notification that they're distributing copyrighted material illegally, verify this fact and remove said material.

There's really no requirement that anyone be notified in advance or indeed receive any notification, though I agree an explicit mention of what the known violation was might help make things clearer.

[soap]

However, even the DMCA needs a reason in takedown notices.

Perhaps I am misreading the intent of your words, but:
The DMCA "needs a reason" because it is the government interfering in the activities of citizens.
When it comes down to brass tacks, this is a case of a private institution acting in the manner in which it sees fit.  No "reason" is necessary.

That being said - I concur with Llorean and will strive to be more explicit in the explanation left in the wiki in the future.


EDIT:  It is not a formal rule, but in the future please do not edit a post to such a degree you remove material quoted in a reply.  That would be a perfect time to add a new post, not modify an existing one.

[BdN3504]

With the new themes site up, can i reupload my gigabeat remixes? i have started them from scratch and got the sources for em, nothing's taken directly from the wmp.

[soap]

Even before the new site was up I do believe you would be able to upload any theme for which you have rights to redistribute.