>> And that only applies if you take _his daemon image_ and do those
>> types of things with it.
>> 
>> If you draw your own daemon from scratch, you can do whatever you like
>> with it.
>
> No, that's completely wrong. If you draw your own daemon from scratch
> you are still infringing Kirk's copyright on the daemon. It is
> appropriate to ask permission even if you do it in good taste and for
> BSD purposes.

Actually, I doubt that...  if that were true, then I could come up with a 
clip-art image of a coffee-cup, copyright my image, and then say that anyone 
who makes a clip-art image of a coffee-cup after mine owes me royalties or is 
infringing on my copyright.
There is a world of distinction between a Copyright and a Trademark.  A 
copyright, such as in source code or literature, says you cannot take the 
owners *original* code/text and integrate it into your own code/text without 
their permission (in the case of Open Source you are grated permission 
according to the license terms).  But, as is the case with Open Source code, 
there is *nothing* preventing you from writing your own code to do the same 
function and doing what you will with it.

Come to think of it, thats how BSD source became Open Source, wasn't it?  
Rewriting it to break AT&T,USL,etc's copyright on it.  Where would the world 
be if a copyright prevented you from doing something similar?  Sally Jesse 
would be suing the pants off Montel for duplicating their idea of "men who 
cheat and the women who stay with them"...  their particular *episode* of the 
show is copyrighted, you can't show it without their permission (so they can 
make money off their trash)... but the copyright does *not* protect the idea. 
  Maybe they could patent "trash-TV"?

A trademark, on the other hand, such as UNIX, can be enforced...  legally.  
BSD may be UNIX-like, but it will never *be* "UNIX" (ha ha) because it is a 
trademarked name.  Even naming your restaurant "Mac Donelds" is a problem, 
even if thats really your last name!

I used to draw penguins in 6th grade...  still have some papers to prove it.  
If I draw a penguin frying a daemon, or vice-versa, and don't mention *BSD, 
Linux... in fact, don't have a caption on a T-shirt at all other than the 
picture... I doubt very much whether any "enforcement" would ever hold up.

Now, is my picture in good taste?  Well, maybe not...   I really don't *need* 
to get Kirk's permission, but it might be a nice thing to do...  at the least 
run it by other *BSD people and get their opinions.   If I care about *BSD, I 
certainly wouldn't want to do anything to give it a bad reputation.

Pete