I am the author of a theme that has been submitted several times and been rejected with reason of 'No Permissions.'

What is it in particular that this statement means? And if an administrator is familiar with the WinMac theme I've tried submitting, how do I fulfill the terms for submission?

You are using a copyrighted image in your theme. You need to get permission from the copyright holder and provide that to us in order to submit the theme here.

Please pardon my ignorance. I am usually much better about copyrights, as I write music and use the GIMP on a regular basis. There are only two possible images I can find that may infringe on a holder's copyright: the logo made similar to both Mac and Windows, or the actual desktop image. I hate to nit-pick, but could you specify?

made similar? sure looks a whole hell of a lot like the Finder logo.

Since you're going to respond in an inflammatory manner to an attempt to resolve my mistake, then I will simply point out a few things. Specific to the logo, it winks and has several distinct colors made to appear as though it is a cross between the windows logo and the finder logo. It is a playful poke at M$, and obligatory nod to Apple. I also have had the theme approved at NBI studio, and will be posting there shortly with the infringement question.
Thank you for your clarification, and I will be making necessary changes as I prepare the next release.

If Immortal wishes to run the risk of being sued by Apple that is his choice. We here do not wish to run the risk and therefore you will not find any themes with any Apple logos. They are very particular about making sure that their look and feel copyrights are protected.

No thats not the case at all...
There are mac themes and icon docks all over the place on customizing websites and if they wish to have it removed I would kindly respect thier words.

It was clearly not a rip and thats why I approved it...

Nonetheless, I dont want to discourage current themers.

I am not trying to discourage ComposerDude in any way from working on his theme. I questioned the original submission and sent it over to who owns the site. That person denied it for no copyright permissions.

On the theme specifically though...why do you try and release a version for XP and one for Vista? Why not combine them into one release?

There are a few problems I'm still trying to work out in the configuration. Vista has some compatability issues with volume and user folders that I'm still trying to figure out how to script.

ComposerDude, it looks like you started working out the permissions issues with Spizzle. However, you still are not abiding by his requirements. You removed his "permissions & credits" page content which he required you to keep. Furthermore, you changed the license of the theme. I did not see him give you permission to do that.

Finally, the desktop wallpaper is part of Mac Leopard, yes? I did not see any permissions to include that wallpaper in your theme distribution. May I suggest that you simply remove it and host it on your website with a link in the readme for people to download?

It really is simple... when you base your work off of someone else's effort, you don't change their permissions, you don't include things you don't have permission for, and you respect the time and effort of the webmaster's and people who provide a place for you to host your content by not making us have to contiually police your submissions.

:)

Thank you, jugg, I'll fix that. I see I have not had enough care with this work, not as I should have. It's really been laziness on my part, asking a friend to give me some of 'his' artwork, which I asked him and went to apple's site... you are right, jugg. Most of the foolishness with this theme could've been avoided had I taken the time to provide my message and Spizzle's response (it details the license change) and simply provided my own 'spacey' artwork for the wallpaper. The release that needed Spizzles permissions concerning the Buuf icon set has been removed due to the removal of all buuf artwork. I will contact spizzle again in this regard to verify whether his permissions concerning Buuf are still necessary. Thanks again for all the time you have spent pointing out these errors, and I'm sorry for the ruckus I've made.

Best Regards,
ComposerDude

I have contacted spizzle, the changes have been made to the permissions page, as well as removal of ALL infringing artwork. I find it interesting that after every step has been satisfied that you have still not looked for the permissions page... otherwise, you would have seen it. I have had three people here at my college double-check the theme for me, two of them IT faculty. Your response is demonstrative that you do not have a community here, but rather a few men adminstering a website. It is equally revealing that this site is so very inactive...

I don't think you have to wonder. I will not be referring any users or devs interested in litestep to this site.

Regards,
ComposerDude

Did you contact Apple? You did not create the wallpaper, nor the logo for your theme. You took something they created and editted it. You are not permitted to do that unless the artwork is released under the creative commons license which it was not. Instead of properly documenting in your theme description that you didn't create anything graphically in the theme, you released it as if it were your own. Your theme sat out here unapproved for a week because I wanted the site owner to review it again. He didn't approve of the measures you took to give credit and follow the rules of the site and he denied it. How would you like it if I just took your theme and posted it without giving you credit in the description? This is a two way street dude. We want to promote your work and let you share it with everyone, but you would expect us to protect your work just the same.

I can guarantee that all artwork in the current beta is my own and not a rip-off of any copyrighted artwork. Again, you side-step the issue of your failing to properly evaluate the theme. I have created the logo from scratch, as well as the wallpaper, and all references to Buuf have been removed because Buuf itself has been removed. I've contacted spizzle again, and there are no grounds for stating that he has not permitted me to change license. Again, as to your statement that I didn't create anything graphically in the theme, that is now especially complete non-sense. Credit has been given where necessary, as I extend to others what they expect from me. Don't embarrass yourselves any further.

Regards,
Composerdude

Ok, seriously. Who the hell is spizzle??? Please spell my nick correctly.

That being said, the original conversation between ComposerDude and myself is as follows:


EDIT: The permissions can be found at [link]

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ComposerDude said the following:

Splizzle,
I had some friends mention that you may not have intended for me to re-license the theme based on your work to the LGPL. I was intending the theme to be a little more cross-compatible if I tried to port it to anything else. The theme in it's current state contains no Buuf artwork, but you said to include your permissions and credits. I've assumed that because I've removed the Buuf icon set, that this permission need no longer be included.

Thanks for your help, and have a great day -
ComposerDude

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splizzle said the following:

ComposerDude,

I have no problem with you releasing the theme as long as my permission and credits are included.

That said, please reword everything in the readme in your own words. Other than that, great job and good luck. :)

-split

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ComposerDude said the following:

Hey, spizzle...
I'm working on a menu/ system bar theme for Litestep that is based on your Buuf for Litestep theme. I've made some extensive changes, and some not so extensive. I'm also removing the Buuf icons/images used and working my own original artwork into it. I'm hoping to receive your permission to re-license under the LGPL. You can find the theme at [link] if you're interested in seeing what I've done to Buuf OS. It would be great to hear back from you.

An upstart deviant,
ComposerDude



The powers that be can/will interpret this as they see fit.

-Andrew

I would like to point out that the ReadMe was not completely re-worded, as i requested.

Also, I made no attempt to voice my opinion/permission on changing the license. I don't know much of anything about matters like these, but I would assume that changing it could be... problematic.

-Andrew

Looks like I've embarrassed myself. Sorry for the consistent mistype of your nick, Splizzle. The change will be reflected shortly.

I have gone to a backup of the zip and find that the readme there is different from the readme on my pc. These problems will be remedied shortly at other sites.

Ok...so you mean to tell me that the wallpaper on your theme is not the reverse of this copyrighted Apple image?

You mean to tell me that your theme "Logo"(???) is not a combination of THIS and THIS copyrighted design?

And your theme description is what needs to include splizzle's credits along with the theme. Otherwise you are attempting to pull off the entire theme as your own, which it is not.

Furthermore, WinMac is a copyrighted application name. Seeing as it is a desktop enhancement you need to be very careful here as well.

First, the screenshot you have is not the screenshot I included with the 3rd beta. Second, taking two different logos and doing much more than copying is considered parody, not breaking of copyright (and what's with the question marks?). Thirdly, you should mention the inclusion of permissions in the description under the guidelines for posting themes.

As for the name WinMac... Looks like I've embarrassed myself again.

Best regards,
ComposerDude

Honestly I didn't even look at your last submission. I saw the theme and sent an IM off. Secondly, you can't take a copyrighted image and manipulate it as you have without permissions. If you create something from scratch it can not be confused for the original. None the less, Apple copyrights the "Look and Feel" of their work so you can't use anything of theirs without the risk of being sued. Thirdly, do you honestly think that I, or anyone else on the team, download, open and install every theme that comes through?

No, I don't... I figured that the screenshot was for your evaluation of a theme. I will be contacting Apple concerning the logo within the next couple of days; that said, various other works on the net are infringing by your loose definition of Apples copyright term "Look and Feel". Now, just because they are doing it doesn't mean I should break the law as well, but if giving a nod to another work's ingenuity is breaking copyright law...

Take a look through the themes section and let me know any theme that is available with an Apple copyrighted image.

I am not using an apple copyrighted image.

While using a "mac look" is what caused us to analyze this theme a little closer than normal, that is currently not the problem.

The problem is that you relicensed the theme without permissions. Enough said. Either get the explicit permission or quit posting the theme here. At this point you'll need to have Splizzle post back to this thread stating that he has no problem with your theme being hosted here.

ComposerDude, if you're using an Apple logo in your theme, you are using an Apple copyrighted image. The fact that you made it yourself doesn't make one bit of difference. It looks like the finder logo -- altered, admittedly -- but the resemblance is still clear. It's meant to resemble it, is it not?

Apple is infamously militant when it comes to ripping off their graphics, and you need to understand that ls.net can not take the risk of getting into trouble because of a theme posted on the site. Personally I think it's plain damn silly that you can't do things like this withot risking getting sued (this should fall under fan art, or like you say, parody), but the fact remains that Apple does have a history of going after people who take liberties with their visuals. Sad but true.

That said, I don't understand how all the various "App launchers" (i.e. carbon copies of the Apple dock) that exist have been able to pass under Apple's radar.

Anyway, I don't see what the problem is here. Apple stuff in your theme == no release on ls.net. Deal. Unless you can get permission from them, of course.

Just my $0.02.

And a wonderful $0.02... more like a nickel, but hey... It's interesting that you mention their dock. Those docks have not passed under their radar. It's the main reason why those that are carbon copies are no longer actively developed, and why those that are in developement strive to only behave similarly.

I'm abandoning work on this theme to work on a project of mine that takes more brains than graphic art and lua scripting. I love litestep, but I've seen enough havoc caused by myself that I'll probably do a theme from scratch based on Ots3 if I do a theme on my own.

As for my current project, it will be based on my research of interface design across the four major players: Aqua, Aero, KDE, GNOME. It's less fanboy and more technical.

Thanks for all your guys input. It's been an education, and hopefully I'll be able to avoid these indiscretions in the future.

Best regards,
ComposerDude

As stated in the conversation between ComposerDude and myself: I have no qualms with him releasing if my conditions are/were met.

That being said, it is ultimately up to the admins/owners of this website as to whether they wish to allow the theme to be posted here.

So, that being said, it's pretty much out of my hands at this point.

1) There is still a licensing issue. None of us can understand the desire to go from CreativeCommons, which we think you used splizzle, to LGPL. There really is no reason to do it. Anyway, he does need your permission to change the license type, which you stated above you did not give.

2) Until ComposerDude complies with your request to your satisfaction we are going to say that you have not given permission to use your theme as your conditions have not been met yet.

3) We still have an issue with the Apple copyrighted images. ComposerDude, you even admit to knowing how Apple strictly enforces their "look and feel" copyrights yet you try and infringe on it.

Those are the three issues that need to be resolved before the theme can be allowed on this site.

1.) I'll be reverting to Creative Commons at other sites. I prefer the wording of the GPLv2 and the LGPLv2.1 to creative commons, unless there's a licensure issue. Like this case.

2.)I'll be meeting those requirements later this week.

3.)I'm not using any apple copyrighted artwork with the current release.

And I will not be resubmitting this theme anywhere except where the conditions have not been met.