<CT> Re: Strange things in the screenshot gallery
- From: Erwin Dokter <edokter@xxxxxxx>
- To: calmira_tips@xxxxxxxxxxxxxxxxx
- Date: Sun, 01 Apr 2001 15:15:11 +0100
OK, I searched on Google to get information about Unisys' licencing
policy, and they did change it's policy regarding websites. Their new
policy still still states that any website can use GIF's if they are
produced with a licenced image editor tha contains a licenced LZW
algorithm.
The $5000 hype that is going on since 1999 has to do with using GIFs
that were created using UN-licenced software. The LZW patent expires in
2003, and I think this is just e knee-jerk reaction from Unisys to make
a last buck.
Basically, it is old news, and IF Unisys had gone through with their
intended $5000 licencing, we would all know about it by now... The
reason the first case has yet to emerge, is that Unisys made a rather
unlawfull assumption:
They make one serious error in their policy... they speak of
"contributory infringement"; ie, if I recieve a GIF in my email, and I
post it on my website, I am "guilty" of "contributory infringement". By
their reasoning, I am expected to asume that the GIF image was produced
using software using an UN-licenced LZW algorithm.
In doing so, Unisys makes the biggest legal mistake they can make:
asuming bad intention. By law, any action is deemed lawfull unless
proven otherwise. Therefor, I can usume that any GIF image sent to me,
is created using licenced software. It is up to Unisys to prove
otherwise.
I am not ready to give up use of GIF images, instead I say, slap them
back with their own methods. I am therefor going to include the
following legal statement on calmira.org:
"ANY GIF IMAGE ON THIS WEBSITE IS CREATED USING LICENCED SOFTWARE, WHICH
IN TURN CONTAINS LICENCED IMPLEMENTATIONS OF THE LZW ALGORITHM. BY USING
LICENCED SOFTWARE, CALMIRA.ORG HAS MET IT'S REQUIREMENT FOR USING GIF
IMAGES ON THIS WEBSITE.
ANY GIF IMAGE SENT TO CALMIRA.ORG, IS ASUMED TO BE CREATED WITH LICENCED
SOFTWARE USING LICENCED LZW IMPLEMENTATIONS. BY LAW, ANY CLAIM OF
"CONTRIBUTORY INFRINGEMENT" IS NULL AND VOID UNTIL IT HAS BEEN PROVEN IN
A COURT OF LAW THAT GIF IMAGE IN QUESTION IS CREATED USING UNLICENCED
SOFTWARE. ONLY THEN MAY PATENT HOLDER REQUIRE LICENCING FEES FROM
CALMIRA.ORG."
So there... :)
Any comments welcome.
-- Erwin Dokter
mailto:edokter@xxxxxxx
http://members.home.nl/edokter
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