Site Policy, correct... well, that and the fact OGA itself is liable in different ways for hosting assets than users are for downloading and using assets. If you are saying "there's no real legal risk to users, though, right?" then Yes [the law requires I respond "It depends on the user's particular circumstances. Intellectual Property and Fair Use are not subject to generalization."] ;)
Thank you for your understanding and thanks again for sharing these.
An extra note about usage guidelines is certainly a good idea. However, OGA wants all users to be able to download assets and feel safe using them under the terms of the license indicated. Saying "These are under CC-BY-SA, but also don't use them in X, Y, or Z circumstances" is hindering that. I recognize Trademark terms are not Copyright terms, and a copyright license does not govern trademkark usage, but as a matter of site policy, we tend not to allow anything that could land a user in trouble for simply following the licensing terms alone.
Giving a trademark disclaimer is not the only way that Font Awesome licenses their icons. It is one part of it, but they also consulted lawyers for their very specific case regarding their own specific assets and furthermore asked the trademark owners for guidance and permission. You may do so for these assets, or the downloaders of these assets may do so, but OGA, as a general asset hosting site, cannot feasibly do so on behalf of all disparate assets and their authors.
In all likelyhood, all the aforementioned trademarks would be safe for individuals to use under Nomative Fair Use, but what our users are permitted to do is not quite the same thing as what OpenGameArt is permitted to host. Note there are zero assets on OGA who's only safe usage is Nomative Fair Use. This is also the reason any non-Sony-brand PS controllers do not contain those exact symbols (see attached image).
I agree the PS button icons are fairly integral to this set, but their importance doesn't diminish the legal risk. I have asked the site owner and other admins to consider accepting trademarked works provided the trademark-holder's usage guidelines and disclaimer, but I would probably not be able to unlock this submission until I get a consensus from them about this. In the meantime, one possible workaround solution may be to have the redacted version of the button prompt pack here on OGA, but in the description provide a link to the full button prompt pack that is hosted elsewhere, like on https://danaedekker.com/ . Would that work for now? Please do not think you're being singled out; The risks and permissability of Sony's Triangle-Circle-Cross-Square buttons has been discussed at length before: https://opengameart.org/content/free-keyboard-and-controllers-prompts-pack We feel Sony's trademark of these buttons is idiotic and an abuse of IP law, but the legal risk- at least for now- remains.
Let me know if you have other questions or concerns.
There are several trademarked items in this pack. The usage terms of the trademarked items do not align with the terms implied by CC BY-SA (nor any other license on OGA). Would you be willing to omit the following from this pack?
Microsoft Windows logo - Trademarked by Microsoft
Microsoft XBox logo - Trademarked by Microsoft
∆○×□ icons ("triangle circle cross square") - Trademarked by Sony
Sony Playstation logo - Trademarked by Sony
Until then, I must mark the submission as having licensing issues to prevent users from getting into potential trouble from using them against the trademark owner's permitted usage. Let me know if you have questions.
I recognize the "backup snapshot scrubbed of user data" is likely the preferred option, and one that does reduce resource costs for our sysadmin team. However, it does still require some work on the part of our sysadmins, so we may not be able to give that solution a try until much later. If time is of the essence, you may elect to try Isaiah's throttled webscraper option, since it doesn't require you to wait on us to have some free time. I'll present it to the sysadmins, but can't promise any sort of timeframe.
As Isaiah 65:8 said, we spoke about his plan prior to implementation. There is no issue with doing the same thing as long as you are placing a reasonable throttle on it just has he did.
@trumangao: ArMM1998 has already said it is alright for you to use these assets by way of CC0 License. See also FAQ entry #1
Materially using the source would make anything you produced a derivative of a legally questionable asset.EDIT: Fixed, thanks! :)
Site Policy, correct... well, that and the fact OGA itself is liable in different ways for hosting assets than users are for downloading and using assets. If you are saying "there's no real legal risk to users, though, right?" then
Yes[the law requires I respond "It depends on the user's particular circumstances. Intellectual Property and Fair Use are not subject to generalization."] ;)Thank you for your understanding and thanks again for sharing these.
An extra note about usage guidelines is certainly a good idea. However, OGA wants all users to be able to download assets and feel safe using them under the terms of the license indicated. Saying "These are under CC-BY-SA, but also don't use them in X, Y, or Z circumstances" is hindering that. I recognize Trademark terms are not Copyright terms, and a copyright license does not govern trademkark usage, but as a matter of site policy, we tend not to allow anything that could land a user in trouble for simply following the licensing terms alone.
Giving a trademark disclaimer is not the only way that Font Awesome licenses their icons. It is one part of it, but they also consulted lawyers for their very specific case regarding their own specific assets and furthermore asked the trademark owners for guidance and permission. You may do so for these assets, or the downloaders of these assets may do so, but OGA, as a general asset hosting site, cannot feasibly do so on behalf of all disparate assets and their authors.
In all likelyhood, all the aforementioned trademarks would be safe for individuals to use under Nomative Fair Use, but what our users are permitted to do is not quite the same thing as what OpenGameArt is permitted to host. Note there are zero assets on OGA who's only safe usage is Nomative Fair Use. This is also the reason any non-Sony-brand PS controllers do not contain those exact symbols (see attached image).
I agree the PS button icons are fairly integral to this set, but their importance doesn't diminish the legal risk. I have asked the site owner and other admins to consider accepting trademarked works provided the trademark-holder's usage guidelines and disclaimer, but I would probably not be able to unlock this submission until I get a consensus from them about this. In the meantime, one possible workaround solution may be to have the redacted version of the button prompt pack here on OGA, but in the description provide a link to the full button prompt pack that is hosted elsewhere, like on https://danaedekker.com/ . Would that work for now? Please do not think you're being singled out; The risks and permissability of Sony's Triangle-Circle-Cross-Square buttons has been discussed at length before: https://opengameart.org/content/free-keyboard-and-controllers-prompts-pack We feel Sony's trademark of these buttons is idiotic and an abuse of IP law, but the legal risk- at least for now- remains.
Let me know if you have other questions or concerns.
These are great! Thanks for sharing!
There are several trademarked items in this pack. The usage terms of the trademarked items do not align with the terms implied by CC BY-SA (nor any other license on OGA). Would you be willing to omit the following from this pack?Microsoft Windows logo - Trademarked by MicrosoftMicrosoft XBox logo - Trademarked by Microsoft∆○×□ icons ("triangle circle cross square") - Trademarked by SonySony Playstation logo - Trademarked by SonyUntil then, I must mark the submission as having licensing issues to prevent users from getting into potential trouble from using them against the trademark owner's permitted usage.Let me know if you have questions.EDIT: Fixed, thanks! :)
Thanks. Fixed.
Bumped for new content.
No response from submitter. Unless information about the origins of this asset are forthcoming, I must remove this asset soon.EDIT: Fixed, thanks! :)
I recognize the "backup snapshot scrubbed of user data" is likely the preferred option, and one that does reduce resource costs for our sysadmin team. However, it does still require some work on the part of our sysadmins, so we may not be able to give that solution a try until much later. If time is of the essence, you may elect to try Isaiah's throttled webscraper option, since it doesn't require you to wait on us to have some free time. I'll present it to the sysadmins, but can't promise any sort of timeframe.
As Isaiah 65:8 said, we spoke about his plan prior to implementation. There is no issue with doing the same thing as long as you are placing a reasonable throttle on it just has he did.
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