[jira] [Commented] (LEGAL-479) What category is the Pixabay license?

["Henri Yandell (Jira)" <ji...@apache.org>]

    [ https://issues.apache.org/jira/browse/LEGAL-479?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16931090#comment-16931090 ] 

Henri Yandell commented on LEGAL-479:
-------------------------------------

The 4 NOs are:

 

Do not:
 # sale or distribution of Images or Videos as digital stock photos or as digital wallpapers;
 # sale or distribution of Images or Videos e.g. as a posters, digital prints or physical products, without adding any additional elements or otherwise adding value;
 # depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous way; or
 # any suggestion that there is an endorsement of products and services by depicted persons, brands, and organisations, unless permission was granted.

 

I think all four of them are beyond the terms of the Apache License 2.0, though (c) and (d) could be viewed as being non-copyright concepts (libel/trademark?) and outside AL 2.0. (a) and (b) are conditions beyond AL 2.0, though I don't think we would disagree with the concept in spirit. We rely on attribution being required to stop someone claiming they created someone else's work; they rely on requiring value be added for direct competition. 

With how we are set up currently, I think we end up with this being a pedantic problem. That would be a shame. I think this is a good case where we should be providing review notes for projects to guide them. 

Conceptually something like:  Images, be they modified or unmodified, under this license are fine to use for supplementary use. Avoiding using these for a logo or as a core part of the project's functionality. Ensure you attribute the image and include the license in the source.

What do you think?

> What category is the Pixabay license?
> -------------------------------------
>
>                 Key: LEGAL-479
>                 URL: https://issues.apache.org/jira/browse/LEGAL-479
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Justin Mclean
>            Priority: Major
>
> Pixabay used to license its images under a CC0 license but have recently changed that.
> The pixabay license short version:
> https://pixabay.com/service/license/
> Longer version/terms:
> https://pixabay.com/service/terms/#license
> Can images under this license be in included and distributed in a source release. I note it does contain some restrictions beyond what he ALv2 gives, but they are unlikely to be encountered by a project. e.g Wanting to sell the images on their own outside a release.



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