Wikipedia:Featured picture candidates/LCD Delist

LCD Pixels
I realize this just got promoted, but doesn't this explicitly fail WP:WIAFP #4? Because it uses the Wikipedia logo (which is copyrighted), it cannot be a free use image. I think this is very well done but unfortunately one of the most basic criteria cannot be fulfilled.
 * Delist.  howch e  ng   {chat} 22:25, 27 June 2006 (UTC)
 * You do realize that the image description page reads, "This image (or parts of it) is copyrighted by the Wikimedia Foundation," and "Notwithstanding any other statements, this image has not been licensed under the GFDL," right? Since the Wikipedia logo is copyrighted and copyright extends to derivative works (which this is), it seems clear to me that this by definition cannot be free use. Couldn't this image just be redone with a different background?  howch e  ng   {chat} 06:31, 28 June 2006 (UTC)
 * I've asked User:Danny for an opinion from the Wikimedia Foundation.  howch e  ng   {chat} 17:53, 28 June 2006 (UTC)
 * Keep. It uses very little of the logo, and the appearance is different enough from the original logo that it should be fine. &mdash; BRIAN 0918 &bull; 2006-06-28 01:01
 * Keep. Ack Brian. --Dschwen 05:32, 28 June 2006 (UTC)
 * Delist It violates #4. Wikimedia doesn't release their images under a free licenese.  Therefor, the use of the image to illustrait a point like this could, at best, be fair use.  Fair use is expressively prohibited.  Heck, if its not fair use its by permission on wikimedia websites only, which still means it doesn't have a free license.  Kevin_b_er 07:13, 30 June 2006 (UTC)
 * Delist (Creator of Zoom edit) it is a derivative work of a copyrighted pic, therefore not free. Though fair-use would probably fly... its fine though we'll just have User:Diliff to get another shot taken of somethign free, and then anyone can add a zoom box.  -Ravedave 19:35, 30 June 2006 (UTC)
 * Derivative works that are significantly different from the original can be considered separate works, not under the copyright. This one easily fits that description. &mdash; BRIAN 0918 &bull; 2006-07-07 04:32
 * Delist. I am sure the creator can make a new version without questions about copyrights.say1988 14:57, 1 July 2006 (UTC)
 * Delist Per the prohibition on fair use. Pegasus1138 Talk 08:46, 4 July 2006 (UTC)
 * Delist per above. --Janke | Talk 06:58, 6 July 2006 (UTC)

Delisted Raven4x4x 06:04, 10 July 2006 (UTC)