just saw Windows kart — copyright infringement?

[lumberjack6]

Hi,

I was playing SuperTuxKart just now, and I noticed somebody recently uploaded an add-on kart with the Microsoft Windows logo as the racer.

To be entirely honest, I did find a bit of humor in somebody trying to upload a quintessential symbol of proprietary software into a game with open-source mascots. But I'm not sure Microsoft would find it so funny if they find out about it.

Since there's a risk this could result in action being taken against SuperTuxKart, I'm thinking it may be a good idea to try to remove this Windows kart from the add-on section. The kart may be a bit funny, but it's probably safer to remove it.

P.S. Long live copyleft

[drummyfish]

Uploaded to where, to the official game repository? Can you post a link? Windows logo wouldn't be a copyright infringement (at least according to e.g. Wikimedia Commons' judgement), but it could be a trademark infringement.

[Julius]

This is more or less fair use, as it is part of their non-official user contributions.

As long as it isn't included in the main game and does not portrait Microsoft in an excessively bad way, it is highly unlikely to cause any legal issues.

P.S.: Since Windows now includes a Linux Kernel via their subsystem, I think it actually makes sense to have a Windows Kart in STK

[drummyfish]

Wait, fair use is not allowed for a free cultural work. Fair use is for being able to use a non-free work without a license in a VERY limited way. Again, WM Commons has some explanations about it.

https://commons.wikimedia.org/wiki/Commons:Fair_use

Imagine this for example: playing this game with something "fair use" in it may be okay and really fall under fair use, which will protect you (in some countries, in others not). However, using STK commercially may very quickly make it NOT a fair use. And as a free and libre, you should be able to use STK even commercially, which any "fair use" item in it potentially prevents. What is fair use depends on the context in which you use it, and free SW/culture is about not limiting you to only certain uses.

I still don't know if this is part of the official libre distribution of STK, but if it is, it should most likely be removed. Especially when it can be replaced by something that's compatible with the game's lore. OR, make a clear parody of Windows logo, which won't infringe on trademarks/copyrights.

[Julius]

Read again what I wrote please. I did not say or imply in any way that this was a legal "fair use" case for official inclusion in a FOSS game...

[lumberjack6]

Thanks Julius and Drummyfish! If you believe it's fair use, Julius, then I'll take your word for it. And that's a good point about it being a trademark issue rather than a copyright issue, Drummyfish.