labrocca Posted May 7, 2007 Share Posted May 7, 2007 http://community.mybboard.net/showthread.php?tid=18966My question is ...does that person have the permission to create that theme and redistribute it? This is an important matter please respond quickly.He is obviously using the Invision logo in a confusingly similar manner which is trademark infringment. He also used the graphics and simply changed their tone.He says he has permission but I want to confirm this as I do not believe it's true.http://community.ipslink.com/board/license.htmlYou may not...distribute or modify proprietary graphics, HTML, or CSS packaged with the Software for use in Software applications other than Invision Power Board or web sites without written permission from IPSIsn't that exactly what he is doing? Have you given him written permission?Thank you. Link to comment Share on other sites More sharing options...
.John. Posted May 7, 2007 Share Posted May 7, 2007 I'd be willing to put money down that this is in fact, illegal - but the only way to get 100% confirmation is to contact management@invisionpower.com :) Link to comment Share on other sites More sharing options...
labrocca Posted May 7, 2007 Share Posted May 7, 2007 I'd be willing to put money down that this is in fact, illegal - but the only way to get 100% confirmation is to contact management@invisionpower.com :)Thank you. I contacted sales asking them to forward it to proper department but now I have also contacted management directly. I am also willing to bet that he doesn't have permission to do what he has done. As soon as I get confirmation I am sure his theme will be removed immediately but there is some confusion there about it as he "says" he does have the permission. I just don't believe him. Link to comment Share on other sites More sharing options...
Realmstv Posted May 8, 2007 Share Posted May 8, 2007 I have been doing this for sometime and I would not jeopardize anything if I hadn't already been told via PM that as long as the images are not identical to the default images, I would be fine. I did not contact management, though I admit I should have, however another staff member has replied (over a month ago, its been now). Link to comment Share on other sites More sharing options...
Realmstv Posted May 8, 2007 Share Posted May 8, 2007 He is obviously using the Invision logo in a confusingly similar manner which is trademark infringment.The whole idea of the theme is an invision design for MyBB. The theme is not for sale, I am not asking people to pay money for it in any way shape or form, credit is given to the designer of the theme, NO images are from IPS, they have all been edited, css is different, and templates are different of course. From what I inferred from those I've spoken to, that is legal. If the logo is that confusing, I have no problem at all changing it. I came here a long time ago Labrocca, before you ever decided to think it was your duty to get involved. You are not MyBB staff, so please do not act like it. I've talked to MyBB staff, I've talked with IPS, I am under the impression currently that everything is fine. I am fully aware of the copyright, i understand that I cannot use their images nor their css. I have not. Many many IPB designers use the IPB button .psd and GDK for editing the custom buttons. I have done the same thing, which is legal, unless I completely missed something along with tons of other designers. Have you given him written permission?Written permission isn't necessary unless I was going to use their css, which I haven't. Members at MyBB wanted the default IPB theme, and I've been doing me best to keep it legal, curteous, and respectful. If I cannot use any of the psds, then I will remake the buttons. As far as the logo, I believe I will redo that despite the outcome of this issue. Link to comment Share on other sites More sharing options...
labrocca Posted May 8, 2007 Share Posted May 8, 2007 You DID use their images? You need a better grasp of intellectual property law. And the real problem is that if anyone uses the theme and makes even $1 from the site (adsense) then you have a created a situation for liability and damages. It's wreckless what you have done.Written permission isn't necessary unless I was going to use their css, which I haven't.What part of the word GRAPHICS do you not understand in this statement:"distribute or modify proprietary graphics, HTML, or CSS packaged with the Software for use in Software applications other than Invision Power Board or web sites without written permission from IPS"I don't see why you have such a problem with me making sure that your theme is legit and has the permission of Invision. Are you afraid of their response? Link to comment Share on other sites More sharing options...
.Ryan Posted May 8, 2007 Share Posted May 8, 2007 This is the "repaired" and full legal version of the IPB default theme now for MyBB. All the images used in this theme have been remade and edited, including the css. This is the light-er version, expect other themed versions from these templates soon.I don't see a problem, obviously the images are changed and the CSS is edited to reflect MyBB coding not IPB. And yes the header is a little bit like IPB, so I would change that, but otherwise I think your fine. Your making a exaggerating the situation... anyways. Link to comment Share on other sites More sharing options...
labrocca Posted May 8, 2007 Share Posted May 8, 2007 I don't see a problem, obviously the images are changed and the CSS is edited to reflect MyBB coding not IPB. And yes the header is a little bit like IPB, so I would change that, but otherwise I think your fine. Your making a exaggerating the situation... anyways.The images for the forum are clearly modified Invision icons.http://community.mybboard.net/attachment.php?aid=6123CSS actually isn't something can successfully copyright so that's not even an issue however images are. The header is not a "bit" like IPB..it is the IPB logo with the addition of the mybb logo and some text. That's considered a derivitive work and trademark infringement. Am I making a mountain out of a mole hill? I don't think so. He either has permission to do it or he doesn't. I am just asking for clarification from Invision on the matter and then it's settled. If they allow this theme then they may as well kiss their rights to the Invision theme goodbye. Link to comment Share on other sites More sharing options...
.Ryan Posted May 8, 2007 Share Posted May 8, 2007 So he took the images out of the GDK and modified them. Ok big deal... he changed the color yes they are obviously IPB buttons, and the skin was a IPB SKIN for MyBB so I think they should be somewhat similar. And he said that he would changed the buttons if need be... anyways you should not open a topic about this, but rather e-mail the team... whatever I'm done. Link to comment Share on other sites More sharing options...
Management Lindy Posted May 8, 2007 Management Share Posted May 8, 2007 This is something best left for private communication. For the record, you may not use the IPB skin outside of IPB. Thank you. Link to comment Share on other sites More sharing options...
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