Re: GIMP icon "stolen" by commercial Symbian software on sale at Nokia app store

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On 01/19/11 23:15, Ilgaz Ãcal wrote:
> Hello,
>
> After spending some time on IRC, I decided this is the best way to
> report it. I noticed Nokia "Ovi Store" (an app store) carries a software
> named "SnapMe" which is clearly not GPL using GIMP application icon. You
> should be able to see when you click on following link:
> http://store.ovi.com/search?q=SnapMe
>
> I did my best to report (c) violation to Nokia but from what I hear,
> their staff is way overloaded. Actual way to report it is at article 7
> of following document which requires you to be the actual copyright
> owner of the image.
> http://store.ovi.com/legal/terms
> 7. Allegations of Copyright Infringement
>
> You may notify Nokia of copyright infringement on the Service by
> providing notice (a) by email with âCopyright Notificationâ in the
> subject line to copyright.notices@xxxxxxxxx, (b) by a document titled
> âCopyright Notificationâ mailed to Nokia, Attn: Copyright Agent, 102
> Corporate Park Drive, White Plains, NY 10604, USA or (c) via the online
> form, if available. Your notice must:
>
> (1) identify the original copyrighted work you claim is infringed;
> (2) identify the content on the Service that you claim is infringing the
> copyrighted work. Please provide enough detail for Nokia to locate the
> allegedly infringing content on the Service;
> (3) provide your contact information, including your full name, mailing
> address, telephone number, and email address, if available;
> (4) provide a statement that you have a good faith belief that the use
> of the content in the manner complained of is not authorized by the
> copyright owner, its agent, or the law;
> (5) provide this statement: "I swear, under penalty of perjury, that the
> information in this notification and complaint is accurate and that I am
> the copyright owner, or am authorized to act on behalf of the copyright
> owner of an exclusive right that is infringed."; and
> (6) provide your signature, as applicable.

What a joke! It is not for Nokia to impose stringent conditions on those 
who wish to notify them of possible illegal content in their products. 
It is their responsibility to ensure they are not breaking the law.

You do not need to be the copyright holder to inform them you believe 
they are breaking the law.

If you want to act on this , just send them a written letter by a signed 
for mail service to one of there corporate offices.

I would strongly advise against any "sworn statement" and suggest you 
couch everything in conditional disclaimers like "it appears that" , "I 
believe that" etc. so that they can't accuse you of anything.

BTW the logo has not been "stolen" , gimp.org is still in possession of 
it and still using it. Theft implies dispossessing someone of a physical 
object. Making a copy does not deprive the rightful owner of possession. 
Copyright infringement is a civil offence not to be assimilated with 
theft which is a criminal act.

The logo has not been stolen , neither were the climategate emails 
stolen. That just stupid tabloid newpaper language.

/gg



> So as I know copyright issues should be taken serious, especially by GPL
> software, I thought I better report it this way.
>
> Sorry for off topic message, if it is...
>
> Ilgaz Ocal
> ___________________________________________
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