Technically, one could very easily argue this is illegal as you're
reproducing copies of the images without permission. Obviously, this sort
of thing is very standard on a lot of the internet, and most people know
the risks of putting their photos up online. But there are also copyright trolls out there who love sending companies demand letters over small, accidental infringements.

It's theoretically possible for companies distributing Debian to be sued
for contributory infringement in a case like this. Very unlikely, but *possible*. Especially if the program downloads the same images for all
users, because then I can know for sure that some huge swath of Debian
users have downloaded my photo. The program also creates an easily
discoverable directory of evidence, which might make things worse if a
lawsuit ever gets going.

Would you be able to write a version that only downloads images with a
known license on a certain list of good licenses, or images known to be in
the public domain?

On Sun, Oct 9, 2022, 07:33 Patrice Coni <[email protected]> wrote:

Dear debian-legal people,

I develop a software that downloads the daily picture from Bing or
Windows Spotlight and set it as wallpaper on a X11 desktop environment.
Bing or Windows Spotlight are features of Microsoft.
The daily picture is obtained from www.bing.com or from arc.msn.com.
Each image appears to be copyrighted by its owner.

The software (DailyDesktopWallpaperPlus) not only downloads the picture,
but the copyright and description of each image is stored in a local database.
The images are saved and can be reused later.
Is this legal? What do I have to consider?

My goal is that the software to be included by Debian.

Link: https://github.com/pgc062020/DailyDesktopWallpaperPlus

Thanks in advance.

Best regards

Patrice Coni

<div dir="auto">Technically, one could very easily argue this is illegal as you&#39;re reproducing copies of the images without permission. Obviously, this sort of thing is very standard on a lot of the internet, and most people know the risks of putting
their photos up online. But there are also copyright trolls out there who love sending companies demand letters over small, accidental infringements.<div dir="auto"><br></div><div dir="auto">It&#39;s theoretically possible for companies distributing
Debian to be sued for contributory infringement in a case like this. Very unlikely, but *possible*. Especially if the program downloads the same images for all users, because then I can know for sure that some huge swath of Debian users have downloaded
my photo. The program also creates an easily discoverable directory of evidence, which might make things worse if a lawsuit ever gets going.</div><div dir="auto"><br></div><div dir="auto">Would you be able to write a version that only downloads images
with a known license on a certain list of good licenses, or images known to be in the public domain?</div></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Sun, Oct 9, 2022, 07:33 Patrice Coni &lt;<a href="mailto:patrice.coni-dev@
yandex.com">[email protected]</a>&gt; wrote:<br></div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">Dear debian-legal people,<br>

I develop a software that downloads the daily picture from Bing or <br>
Windows Spotlight and set it as wallpaper on a X11 desktop environment.<br> Bing or Windows Spotlight are features of Microsoft.<br>
The daily picture is obtained from <a href="http://www.bing.com" rel="noreferrer noreferrer" target="_blank">www.bing.com</a> or from <a href="http://arc.msn.com" rel="noreferrer noreferrer" target="_blank">arc.msn.com</a>.<br>
Each image appears to be copyrighted by its owner.<br>

The software (DailyDesktopWallpaperPlus) not only downloads the picture, <br> but the copyright and description of each image is stored in a local <br> database.<br>
The images are saved and can be reused later.<br>
Is this legal? What do I have to consider?<br>

My goal is that the software to be included by Debian.<br>

Link: <a href="https://github.com/pgc062020/DailyDesktopWallpaperPlus" rel="noreferrer noreferrer" target="_blank">https://github.com/pgc062020/DailyDesktopWallpaperPlus</a><br>

Thanks in advance.<br>

Best regards<br>

Patrice Coni<br>

</blockquote></div>

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)

This is a multi-part message in MIME format.
Dear debian-legal people,

I develop a software that downloads the daily picture from Bing or
Windows Spotlight and set it as wallpaper on a X11 desktop environment.
Bing or Windows Spotlight are features of Microsoft.
The daily picture is obtained from www.bing.com or from arc.msn.com.
Each image appears to be copyrighted by its owner.

The software (DailyDesktopWallpaperPlus) not only downloads the picture,
but the copyright and description of each image is stored in a local
database.
The images are saved and can be reused later.
Is this legal? What do I have to consider?

My goal is that the software to be included by Debian.

Link: https://github.com/pgc062020/DailyDesktopWallpaperPlus

Thanks in advance.

Best regards

Patrice Coni


U291cmNlOiBkYWlseWRlc2t0b3B3YWxscGFwZXJwbHVzClNlY3Rpb246IG1pc2MKUHJpb3Jp dHk6IG9wdGlvbmFsCk1haW50YWluZXI6IFBhdHJpY2UgQ29uaSA8cGF0cmljZS5jb25pLWRl dkB5YW5kZXguY29tPgpCdWlsZC1EZXBlbmRzOiBkZWJoZWxwZXItY29tcGF0ICg9IDEzKSwg bGliYzYtZGV2ICg+PTIuMzEtMTMpLCBiYWxvby1rZjUtZGV2LCB0emRhdGEsIGxpYnF0NW9w ZW5nbDUtZGV2LCBsb2NhbGVzLCBxdDUtcW1ha2UtYmluLCBxdGJhc2U1LWRldiwgcXRjaG9v c2VyLCBxdDUtcW1ha2UsIHF0YmFzZTUtZGV2LXRvb2xzClN0YW5kYXJkcy1WZXJzaW9uOiA0 LjUuMQpIb21lcGFnZTogaHR0cHM6Ly9naXRodWIuY29tL3BnYzA2MjAyMC9EYWlseURlc2t0 b3BXYWxscGFwZXJQbHVzClJ1bGVzLVJlcXVpcmVzLVJvb3Q6IG5vCgpQYWNrYWdlOiBkYWls eWRlc2t0b3B3YWxscGFwZXJwbHVzCkFyY2hpdGVjdHVyZTogYW55CkRlcGVuZHM6IGxpYnF0 NWd1aTUsIGxpYnF0NXdpZGdldHM1LCBsaWJxdDVjb3JlNWEsIGxpYnF0NW5ldHdvcms1LCBs aWJxdDVuZXR3b3JrYXV0aDUsIGxpYnF0NXhtbDUsIGxpYnF0NWNvbmN1cnJlbnQ1LCBsaWJx dDVzcWw1LCBsaWJxdDVzcWw1LXBzcWwsIHNlbnNpYmxlLXV0aWxzLCAke3NobGliczpEZXBl bmRzfSwgJHttaXNjOkRlcGVuZHN9CkRlc2NyaXB0aW9uOiBkYWlseSBCaW5nIG9yIFdpbmRv d3MgU3BvdGxpZ2h0IHBpY3R1cmUgYXMgWCB3YWxscGFwZXIKIERhaWx5RGVza3RvcFdhbGxw YXBlclBsdXMgaXMgYSB1dGlsaXR5IHRvIHNldCB0aGUgTWljcm9zb2Z0IEJpbmcgb3IKIFdp bmRvd3MgU3BvdGxpZ2h0IGRhaWx5IHBpY3R1cmUgYXMgd2FsbHBhcGVyLiBJdCBvZmZlcnMg YSBzZWxlY3Rpb24KIG9mIHNlcnZlcnMgYW5kIGltYWdlIHNpemVzLCBhbmQgc2F2ZXMgaW1h Z2VzIGZvciByZXVzZS4gRnVydGhlcgogaW5mb3JtYXRpb24gYWJvdXQgZWFjaCBwaWN0dXJl IGNhbiBiZSBvYnRhaW5lZCBmcm9tIHRoZSBJbnRlcm5ldCB3aXRoCiBhIHNpbmdsZSBjbGlj ay4gSXQgaW50ZWdyYXRlcyB3aXRoIG1vc3QgWDExIGRlc2t0b3AgZW52aXJvbm1lbnRzIHRv CiBwcm92aWRlIGF1dG9tYXRpY2FsbHkgY2hhbmdpbmcgd2FsbHBhcGVyLgo=

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)

El 9/10/22 a les 13:08, Patrice Coni ha escrit:

Dear debian-legal people,

I develop a software that downloads the daily picture from Bing or
Windows Spotlight and set it as wallpaper on a X11 desktop environment.
Bing or Windows Spotlight are features of Microsoft.
The daily picture is obtained from www.bing.com or from arc.msn.com.
Each image appears to be copyrighted by its owner.

The software (DailyDesktopWallpaperPlus) not only downloads the
picture, but the copyright and description of each image is stored in
a local database.
The images are saved and can be reused later.
Is this legal? What do I have to consider?

My goal is that the software to be included by Debian.

Link: https://github.com/pgc062020/DailyDesktopWallpaperPlus

Thanks in advance.

Best regards

Patrice Coni

There could be two possible scenarios: either the images are free for
use even for commercial purposes (so Microsoft can use them without
asking for further permission) or Microsoft did seek and got explicit permission from the picture copyright owner to display them on their
feature.

In the first scenario, Debian probably could use them as well; in the
second, probably not. Note the "probably" on both cases.

Also, this check should be done for each and every picture going to be displayed, present and future. If Microsoft is using today a picture for
which needs not an explicit grant, we have no warranty at all that
tomorrow it will be the same.

IANAL neither DD but I would be very uncomfortable with this software
even as an end user where I would end having copyrighted images locally
stored for which I could be held personally liable.

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)