The Unofficial Kevin Rose "Drink *****!" Shirt is Here!

[stevetheman]

The shirt inspired from Diggnation Episode #50 is finally here. I would have made the store right when the episode was released, but my first time watching it was yesterday!

Here's the link to the store
http://www.cafepress.com/drink***** (http://digglinks.atspace.com/drinkbredir.htm)

Here's one of the shirts available in the store
http://img248.imageshack.us/img248/9841/jitcrunchaspxcg9.jpg

Here's the link to the digg story
http://www.digg.com/tech_news/The_Kevin_Rose_Drink_*****_Line_of_Merchandise (http://digglinks.atspace.com/drinkbredirdigg.htm)

[masherscf]

I like this shirt just enough not to complain about the...

1. Use of non-licensed image of Kevin Rose
2. Selling Cafe-press products on this forum
3. Digg whoring on this forum.


Well done!

[stevetheman]

I don't care if the story gets diggs I just want people to get shirts. I just provided the link because the story is there. Also, I guess if Rev3 is pissed and doesn't want Kevin on shirts, I'll take it down, but they better be selling it themselves then, because this needs to be sold. And Cafe-Press is the best and easiest way for me to do it. Had the story have gotten diggs, I wouldn't have posted in the forums, but I want people to see this and so I turned to the forums.

[stevetheman]

that's also why they are unofficial

[klitzy]

I like this shirt just enough not to complain about the...

1. Use of non-licensed image of Kevin Rose
2. Selling Cafe-press products on this forum
3. Digg whoring on this forum.


Well done!

Dude who cares?!?!?!? Not talking specifically to you Masher because I know you are semi-joking but for anyone who really thinks that....Its awesome! Its user creating fan art and thats awesome.

[masherscf]

I know you are semi-joking but for anyone who really thinks that....Its awesome!

Not just Semi-joking...

[beta7]

DUDE i so want one of those shirts haha, but im not good on the paying part lol

[jon]

It's cool and all, but I'd rather have a regular t-shirt with just the words on it.

[ariastar]

Not just Semi-joking...

Agreed.

Not only unofficial, but unauthorized and using the picture of someone, a picture probably owned by Diggnation, else to make money.

And, Steve, of course you don't care about Diggs, you just want people to get shirts. You don't make money on the Diggs like you do the shirts. And no, this did NOT have to be made. Nothing does.

[beta7]

Agreed.

Not only unofficial, but unauthorized and using the picture of someone, a picture probably owned by Diggnation, else to make money.

And, Steve, of course you don't care about Diggs, you just want people to get shirts. You don't make money on the Diggs like you do the shirts. And no, this did NOT have to be made. Nothing does.

umm let me ask you something.... ok.. now lets say that this website that sells bank t-shirts... they alow you to place your image.. any image you choose to put on the shirt... and lets say 1000 people buy a black shirt and decide to use that picture thats on the shirt thats making profit by so called ilegal actions... wouldint the same apply to the website that alows you to put any picture you want on your shirt?

[stevetheman]

i upped the base prices by the lowest i could (usually a single dollar). I said i didn't care if i got diggs because i don't. I only referenced the story because it was submitted to digg and if there were comments there and stuff than people can see them. This wasn't a picture owned by diggnation, it's a picture taken by someone at the live show.

for the people who don't know why these shirts were made, here's the clip of inspiration


http://www.youtube.com/watch?v=ZTcdrGylAoc

[beta7]

i upped the base prices by the lowest i could (usually a single dollar). I said i didn't care if i got diggs because i don't. I only referenced the story because it was submitted to digg and if there were comments there and stuff than people can see them. This wasn't a picture owned by diggnation, it's a picture taken by someone at the live show.

for the people who don't know why these shirts were made, here's the clip of inspiration


http://www.youtube.com/watch?v=ZTcdrGylAoc
hahahah theres your legal right :P he agreed to someone making a shirt of him saying drink ***** :P

[stevetheman]

It's stupid that you guys are attacking me with all this legal stuff. If Kevin decides he doesn't want his face on the shirt and i have to take it down than that's cool, but you don't need to get mad at me because i made shirts that had a picture of kevin rose on them. People could go out and make the shirts themselves and there wouldn't be any legal issues, I'm just making available a design that I think is cool. I don't want money, i just want people to like my creation.

[stevetheman]

the dream for this idea was to have kevin and alex find out, and one (or both) of them wear the shirt on diggnation.

[klitzy]

It's stupid that you guys are attacking me with all this legal stuff. If Kevin decides he doesn't want his face on the shirt and i have to take it down than that's cool, but you don't need to get mad at me because i made shirts that had a picture of kevin rose on them. People could go out and make the shirts themselves and there wouldn't be any legal issues, I'm just making available a design that I think is cool. I don't want money, i just want people to like my creation.

Yeah it really is.....

Who the flying **** cares?

I think people here forget that its a podcast where two guys sit on a couch, drink beer, and talk about shit. Ever since this place got revamped its like the website got all strict and shit and then these new members came along with it who act the same way. Its a guy who took something the show said and is trying to do something just for the fun of it. Kind of like the guy who made the Alefox. He doesnt care about the money....He just doesnt know how to make T-Shirts himself.

So dude...Make the illegal shirts, pirate Diggnation, do whatever else you want here, and have a damn good time with it. Because in the end....Its just diggnation.

[jcduerr]

Yeah it really is.....

Who the flying **** cares?

I think people here forget that its a podcast where two guys sit on a couch, drink beer, and talk about shit. Ever since this place got revamped its like the website got all strict and shit and then these new members came along with it who act the same way. Its a guy who took something the show said and is trying to do something just for the fun of it. Kind of like the guy who made the Alefox. He doesnt care about the money....He just doesnt know how to make T-Shirts himself.

So dude...Make the illegal shirts, pirate Diggnation, do whatever else you want here, and have a damn good time with it. Because in the end....Its just diggnation.

cut and dry the best response on this thread!

[masherscf]

Not just Semi-joking...

No, I was completely joking.

[tokenuser]

Diggnation is released under a Creative Commons License.

While Rev3 hasn't released the TERMS of there license, there are 4 basic tenants applicable:

Attribution - copying of the works must be attributed to the original author. This has been done.

Non-commercial - this is a little sticky. Using Cafepress, you MUST charge something. You can't do it at cost. Suggestion? Kick the profits from the TShirt back to the EFF or Childsplay (http://www.childsplaycharity.org/). Suddenly its not for proft, its for charity ... and that ups the credability a little as well.

No Derivative Works - I doubt this one would be applied.

Share-Alike - Once a work is derived it must be distributed under the same license as the original.

So ... IANAL, and I don't work for Rev3, but my guess is that like most CC products, the license covers Attribution and Non-Commercial usage. Some are released under Share-Alike. Very few have the No-Derivative clause.

===

Sorry for the long winded response, but I can't see an issue with the Tshirts, provided they are not for profit. Until Jay and the powers that be say no, anything anyone else says in here is conjecture.

[masherscf]

Diggnation is released under a Creative Commons License.


The shirt doesn't use trademarks or trademarked phrases of Digg or Revision 3. If the image is pulled from Diggnation itself, it would depend on which particular CC license clause should be applied.

I was thinking about Kevin's personal rights to control the use of his own image. Kevin presumably grants Rev3 the rights to use his image to promote Diggnation. However, if Diggnation itself has a non-derivative clause and the image is pulled from Diggnation, the shirt is in clear violation of the CC license.

Wherever the image is pulled from, there is an issue of using Kevin's likeness without his direct permission. I would hope that the designer put some thought into this before posting it. It's just good etiquette.

All this is academic, I think the shirt is sweet.

[stevetheman]

i haven't decided what to do with the profits yet...problem is, that means i need profits to make a decision

[klitzy]

Interesting..I was just thinking about this issue and I think it might just be Thomas Hawks photograph and in that case. He has a copyright on every image he takes therefore it would be illegal without purchasing or getting his permission.

Thomas Hawk has kick ass shit by the way.

[ariastar]

umm let me ask you something.... ok.. now lets say that this website that sells bank t-shirts... they alow you to place your image.. any image you choose to put on the shirt... and lets say 1000 people buy a black shirt and decide to use that picture thats on the shirt thats making profit by so called ilegal actions... wouldint the same apply to the website that alows you to put any picture you want on your shirt?

Your reply has so many typos that it doesn't make much sense.

[klitzy]

mush sense.

Your reply has too many typos in it....What do you mean by mush?

Hahahahaha

*Klitzy cracks himself up*

[stevetheman]

This photo is licensed under a Creative Commons license. If you use this photo, please list the photo credit as "Scott Beale / Laughing Squid" and link the credit to laughingsquid.com.

That's direct from the source. The photo credit is listed on the homepage of the store.

[klitzy]

This photo is licensed under a Creative Commons license. If you use this photo, please list the photo credit as "Scott Beale / Laughing Squid" and link the credit to laughingsquid.com.

That's direct from the source. The photo credit is listed on the homepage of the store.

Oh okay...Its Laughing Squids...Nevermind then.

[stevetheman]

i guess i'll need to send something from the store to diggnation to get some buzz

[beta7]

Your reply has so many typos that it doesn't make much sense.
yah lol after i read it myself i thought to myself, tom... your unique LOL. I dont realy think before i act really, so i basicaly type what i say and then find out later that what i said made no sense :P thank god for the edit button.

[masherscf]

This photo is licensed under a Creative Commons license. If you use this photo, please list the photo credit as "Scott Beale / Laughing Squid" and link the credit to laughingsquid.com.

That's direct from the source. The photo credit is listed on the homepage of the store.

Does he allow derivative works? Compositing the photo with your own graphic and putting it on a shirt is a derivative work. It isn't just the normal fair use covered under CC. Of course, he would have to establish that in court.


Edit: after reading the CC clause at http://creativecommons.org/licenses/by-nc-nd/2.5/

It's my opinion that your shirt violates CC. Read the ND clause carefully.

[casework]

(hey, just donate the money to him, and I don't think he'll take you to court)