File talk:Prototype of Tux Linux Penguin.jpg/Permission

• Return to: Image:Prototype of Tux Linux Penguin.jpg

• Material uploaded by  —Stephen Ewen (Talk) 17:43, 31 August 2007 (CDT)

This page documents attempts to gain licensing data or permission to use the original penguin image proposed by Linus Trovalds upon which Tux was based hosted at ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg

Attempt 1

Email address for below was found at http://www.cs.helsinki.fi/u/torvalds/

From: Stephen Ewen <ewenste AT bellsouth.net>
Date: 20 April 2007 4:01 AM
To: torvalds@transmeta.com

Hello, Linus.

I am requesting licensing information about or permission to use the original penguin image you proposed 
upon which Tux was based, hosted at ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg, 
for use in http://en.citizendium.org/wiki/Tux.

As I am not sure who the author of the image is, I am wondering if you might point me to that person. If 
you otherwise know the licensing/copyright data of the image, would you kindly inform me?

Regards,

Stephen Ewen
http://en.citizendium.org/wiki/User:Stephen_Ewen


---------------------------------------------------------


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Date: 20 April 2007 3:59 AM
To: ewenste AT bellsouth.net

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Subject: Need permission to use image
From: Stephen Ewen <ewenste@bellsouth.net>
Date: Fri, 20 Apr 2007 04:01:27 -0400
To: torvalds@transmeta.com

Hello, Linus.

I am requesting licensing information about or permission to use the original penguin image you proposed 
upon which Tux was based, hosted at ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg, 
for use in http://en.citizendium.org/wiki/Tux.

As I am not sure who the author of the image is, I am wondering if you might point me to that person. If 
you otherwise know the licensing/copyright data of the image, would you kindly inform me?

Regards,

Stephen Ewen
http://en.citizendium.org/wiki/User:Stephen_Ewen 

Attempt 2

Email address for below was found at http://www.catb.org/~esr/faqs/linus/

From: Stephen Ewen <ewenste@ellsouth.net>
Date: 20 April 2007 4:30 AM
To: Linus Torvalds <torvalds@osdl.org>

Hello, Linus.

I am requesting licensing information about or permission to use the original penguin image you proposed 
upon which Tux was based, hosted at ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg, 
for use in http://en.citizendium.org/wiki/Tux.

As I am not sure who the author of the image is, I am wondering if you might point me to that person. If 
you otherwise know the licensing/copyright data of the image, would you kindly inform me?

Regards,

Stephen Ewen
http://en.citizendium.org/wiki/User:Stephen_Ewen

---------------------------------------------------------

Subject: Re: Need permission to use image
From: Linus Torvalds <torvalds@osdl.org>
To: Stephen Ewen  <ewenste@ellsouth.net>
Date: 4/21/2007

It's not mine to give: I _think_ it's probably from Aardman studios (a 
British clay animation house - in the US they are more famous for the 
movie "Chicken Run" and from their full-length Wallace and Gromit 
were-rabbit thing).

But I don't even know what animation it is from. Aardman has done clay 
animation for a long time, but I have this dim memory of trying to find 
out where the picture was from, and somebody claiming it came from some 
British TV commercial, but I have really nothing to back that memory up 
with. I might just be hallucinating.

In other words - I have no idea exactly where it comes from originally, or 
even who actually sent me that penguin picture. In fact, I won't even 
guarantee that it's Aardman, although it certainly fits the style.

It's *not* the most famous Aardman penguin ("Bad Trousers" or whatever the 
short is called - an evil penguin steals Wallaces robotic trousers and 
robs a bank or something, I'm a bit fuzzy on the details ;). So it really 
is very possible that I am just confused.

So the only thing I'm sure of is that it's not mine to give out ;)

[ Update ]

I tried to google for it, and apparently it was Alan Cox who found that 
penguin picture originally - which kind of makes sense, since Aardman 
would have been known mainly in the UK (certainly they weren't well known 
in Finland). Google found an email from me back eleven years ago where I 
say "(thanks Alan for pointing me towards it)", and the only "Alan" would 
have been Alan Cox.

Linus

Attempt 3

From: Stephen Ewen
Date: 21 April 2007
To: sean.clarke AT aardman.com

Hello Sean.

I am seeking permission to use an image of an Aardman Studios penguin character in a Citizendium 
encyclopedia entry.

The exact image is at  ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg 
and the article in which it will appear is at http://en.citizendium.org/wiki/Tux

If you would be so kind, please let me know how we might move forward in this matter.

Best,

Stephen Ewen
http://en.citizendium.org/wiki/User:Stephen_Ewen 

No response.

Attempt 4

Subject:   	Permission to use image
From:   	media-assets@citizendium.org
Date:   	Tue, August 28, 2007 3:58 pm
To:   	sean.clarke@aardman.com
Bcc:   	ewenste@bellsouth.net

Hello Sean.

I am seeking permission to use an image of an Aardman Studios penguin
character in a Citizendium encyclopedia entry.

The exact image is at 
ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg
and the article in which it will appear is at
http://en.citizendium.org/wiki/Tux

If you would be so kind, please let me know how we might move forward in
this matter.  If there is another person I should contact, do let me know.

Best,

Stephen Ewen
http://en.citizendium.org/wiki/User:Stephen_Ewen

---------------------------------------------------------

Subject:   	Penguin image
From:   	"Gabrielle Stackpool" <Gabrielle.Stackpool@aardman.com>
Date:   	Wed, August 29, 2007 4:34 am
To:   	media-assets@citizendium.org

Dear Stephen
 
Many thanks for your email requesting permission to use the image of the
penguin. Im afraid that we are unable to give permission as the image is
of a figurine which we have no records of - and there is also no mention
of Aardman studios within the text.
 
Best wishes
Gabrielle. 
 
Gabrielle Stackpool
Licensing Co-ordinator
Aardman Animations Ltd
Tobacco Factory
North St
Southville
Bristol
BS3 TF1
Tel 0117 9848989
gabrielle.stackpool@aardman.com
http://www.aardman.com <http://www.aardman.com/> 

Attempt 5

Subject: [Fwd: Re: Need permission to use image]
From: Stephen Ewen <ewenste AT bellsouth.net>
Date: Wed, 29 Aug 2007 21:33:28 -0400
To: alan AT lxorguk.ukuu.org.uk

Hello Alan. 

I am in process of creating an image gallery for http://en.citizendium.org/wiki/Tux

Linus Torvalds tells me you were the person who originally forwarded the prototype penguin 
upon which Tux is based, which is hosted at 
ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg

Any idea who owns the copyright to it?  I am seeking permission to use it.  Kindly advise.

Stephen Ewen
Media Assets Lead
http://en.citizendium.org/wiki/User:Stephen_Ewen

---------------------------------------------------------

Subject: Re: [Fwd: Re: Need permission to use image]
From: Alan Cox <alan AT lxorguk.ukuu.org.uk>
Date: Thu, 30 Aug 2007 10:58:21 +0100
To: ewenste AT bellsouth.net

> > Any idea who owns the copyright to it?  I am seeking permission to use it.  Kindly advise.

I'm actually not sure. The original material is almost certainly an
Aardman penguin, probably from the electric adverts or creature comforts,
but the picture appears to be of a model, not a frame of the video so
I've no idea who owns the rights to a photo of a model of a character
created by Aardman, probably whoever took it.

http://www.tellyads.com/show_movie.php?filename=TA2626&advertiser=Heat%20Electric

(penguin that appears on the right, although I don't think the exact
advert is there)

---------------------------------------------------------

Subject: Re: [Fwd: Re: Need permission to use image]
From: Stephen Ewen <ewenste AT bellsouth.net>
Date: Fri, 31 Aug 2007 16:36:46 -0400
To: Alan Cox <alan AT lxorguk.ukuu.org.uk>
CC: media-assets@citizendium.org

Hi Linus and Alan.

Below is record of what Aardman Studios has told me concerning the penguin image, the original 
prototype Tux.  I wrote them twice, the second time asking, are you SURE?

For me this ends the matter.  Yes, it is an Aardman character but that of a figurine, and this 
exact image is one they do not claim rights to.

Stephen Ewen

-------------------------

Dear Stephen
 
Many thanks for your email requesting permission to use the image of the penguin. Im afraid that 
we are unable to give permission as the image is of a figurine which we have no records of - and 
there is also no mention of Aardman studios within the text.
 
Best wishes
Gabrielle.
 
Gabrielle Stackpool
Licensing Co-ordinator
Aardman Animations Ltd
Tobacco Factory
North St
Southville
Bristol
BS3 TF1
Tel 0117 9848989
gabrielle.stackpool@aardman.com
http://www.aardman.com

------------------------
 
From: Citizendium Media Assets [mailto:media-assets@citizendium.org]
Sent: Friday, August 31, 2007 4:51 AM
To: Gabrielle Stackpool [gabrielle.stackpool@aardman.com]
Subject: Re: Penguin image

Ms. Stackpool.

I believe the image ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg is of 
the Aardman penguin that appears in a Heat Electric - Penguin Family commercial, see it at
http://www.tellyads.com/show_movie.php?filename=TA2626&advertiser=Heat%20Electric - he will appear 
on the right a few seconds into the advertisement.

If this is an Aardman penguin - it without question appears to be one - we will attribute it as such 
where the image appears at http://en.citizendium.org/wiki/Tux/Gallery

Currently, we are using the image under a fair dealing rationale because our attempts thus far to 
definitively locate the copyright holder have been unsuccessful.  We'd much prefer to use it by 
permission.

Kindly check again!  Is this Aardman's penguin? 

Stephen Ewen
http://en.citizendium.org/wiki/User:Stephen_Ewen

--------------------

Dear Stephen
 
thank you for your email. I did recognise the penguin from the Heat Electric ads -however this is an 
image of a figurine and we have no records or high res stills of it. The only stills we have available 
from this ad are ones which do not feature this character (only the other members of the penguin family). 
Im afraid that we do not hold the rights to the image so cannot give permission.
 
Many thanks
Gabrielle