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Wireshark-dev: [Wireshark-dev] Include Wireshark logos in CC BY/BY-SA 4.0 licensed work?

From: panic <lists@xxxxxxxxx>
Date: Mon, 10 Sep 2018 19:53:19 +0200
Hi,

tl;dr:

Q1: Are the two images actually licensed as "GPLv2 or any later version"?
Q2: Who would I have to ask for permission to use the images in a GPLv2+
incompatible licensed work (CC BY/BY-SA)?



I wrote some custom dissectors for my master's thesis and want to
illustrate the workflow. Ideally, I'd like to include two images from
Wireshark, namely

* Wireshark logo: image/wslogo.eps

https://code.wireshark.org/review/gitweb?p=wireshark.git;a=blob_plain;f=image/wslogo.eps;hb=HEAD

* WS Document icon: image/wiresharkdoc.ico

https://code.wireshark.org/review/gitweb?p=wireshark.git;a=blob_plain;f=image/wiresharkdoc.ico;hb=HEAD

and listing their git URL in my references.

In my case, I think that usage exceptions (Germany) for quotation do not
apply, since the artwork is used primarily for illustrative purposes and
not as reference that is discussed in depth in the text
(If I were to discuss a book cover, I could surely cite it. If I used
that cover only as the opener (illustration) for my chapter, I'd need
the permission to use it for that purpose)

The thesis will be published open access as CC BY 4.0 or CC BY-SA 4.0 (I
can choose) via the university library.
However, Wireshark is (mostly) GPLv2+ and the artwork has no separate
license saying that it diverts.

So, formally, I would like to include GPLv2+ licensed material into CC
BY or CC BY-SA material, and I have doubts that this is allowed :/
Since the thesis is written in LaTeX, the images are included in the
final PDF, i.e. distribution of the PDF would constitute a distribution
of the images also.

What *is* allowed is:

  * Include CC BY 4.0 licensed material in GPL material (add author to
AUTHORS file, add copy of CC license)
    https://www.gnu.org/licenses/license-list.en.html#ccby

  * Include CC BY-SA 4.0 material into GPLv3 (v3 only!) material (add
author to AUTHORS file, add CC license, GPLv3 declared "BY-SA" compatible)
    https://www.gnu.org/licenses/license-list.en.html#ccbysa

https://creativecommons.org/share-your-work/licensing-considerations/compatible-licenses

What *is not* allowed (IMO):

  * Include GPL material into CC BY material, because access and rights
to the GPL code would be "lost"
  * Include GPL material into CC BY-SA material. Doesn't work either,
since BY-SA is weaker than GPL.


There is also the possibility to get specific permission from the
copyright holder, i.e. adding "Wireshark artwork [98][99] used with
permission"-alike to the figure caption.

Who would be that person to ask?


However, I don't yet understand how Wikipedia (CC BY-SA 3.0) managed to
show the Wireshark logo legally:

https://en.wikipedia.org/wiki/Wireshark

Maybe CC only applies to the text, not to the image?

Could I do the same? For example
  - licensing my workflow illustration under GPLv3; derived work,
includes Wireshark logos
  - include figure in CC BY/BY-SA text, add to caption "Figure licensed
as GPLv3; Wireshark logos [98][99] licensed as GPLv2 or later"


Help is much appreciated,
cheers,
-- panic