Re: Debian-approved creative/content license?

2007-03-11 Thread Francesco Poli
On Sun, 11 Mar 2007 15:01:30 +1100 Ben Finney wrote:

 Michael Gilbert [EMAIL PROTECTED] writes:
 
  Looking further, I could not find any Debian-approved licenses for
  creative (non-software) works [2], [3].  Is the Debian approach to
  just use a software license like GPL or BSD for creative content?
 
 Those licenses can apply to any software, not just programs. So, if
 the software is an audio work or picture, a software license like GPL
 or Expat can apply to it.

Indeed.

 
  Anyway, what recommendation should I make that will satisfy the
  DFSG?  Thank you for your constructive thoughts.
 
 If the work is accompanying a program, it makes sense to license it
 under the same software license.

This is always a good recommendation.

 In the case of a software work that
 has no programs, a license like Expat should be fine.

Agreed.

 Even the GPL
 terms could be used, so long as it's clear what the preferred form of
 the work for making modifications to it means for that work.

Agreed, with the addition that, IMHO, the preferred form of the work
for making modifications to it is always well-defined (even though
sometimes it may be non-trivial to determine).
Hence, I would recommend the GNU GPL (v2) whenever one wants a copyleft.


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Re: Debian-approved creative/content license?

2007-03-11 Thread Francesco Poli
On Sun, 11 Mar 2007 14:11:10 +1100 Andrew Donnellan wrote:

 On 3/11/07, Michael Gilbert [EMAIL PROTECTED] wrote:
[...]
  Is the Debian
  approach to just use a software license like GPL or BSD for creative
  content?
 
  Anyway, what recommendation should I make that will satisfy the
  DFSG? Thank you for your constructive thoughts.
 
 I'd recommend just using the GPL or Expat licenses, they are tried and
 tested and don't contain anything too specific to software.

Agreed.


P.S.: I would have said don't contain anything too specific to
programs, since I use the term software in its broadest meaning: see
http://frx.netsons.org/essays/softfrdm/whatissoftware.html
for further details.


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Re: Debian-approved creative/content license?

2007-03-11 Thread Ken Arromdee
On Sun, 11 Mar 2007, Ben Finney wrote:
 Those licenses can apply to any software, not just programs. So, if
 the software is an audio work or picture, a software license like GPL
 or Expat can apply to it.

Actually, there's one big problem.  The GPL's preferred form for modification
clause.

Unless the creators of the podcast directly edit the MP3--which is rather
unlikely--the MP3 is not the preferred form for modification and putting the
MP3 under GPL without releasing the raw audio files grants no rights at all.
GPLing video has a similar problem.


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Re: Debian-approved creative/content license?

2007-03-11 Thread Måns Rullgård
Ken Arromdee [EMAIL PROTECTED] writes:

 On Sun, 11 Mar 2007, Ben Finney wrote:
 Those licenses can apply to any software, not just programs. So, if
 the software is an audio work or picture, a software license like GPL
 or Expat can apply to it.

 Actually, there's one big problem.  The GPL's preferred form for
 modification clause.

 Unless the creators of the podcast directly edit the MP3--which is rather
 unlikely--the MP3 is not the preferred form for modification and putting the
 MP3 under GPL without releasing the raw audio files grants no rights at all.
 GPLing video has a similar problem.

The preferred form for modification for a film director is often a
reshoot of the scene.  I guess this means that a GPL video would have
to ship with (a copy of) Tom Cruise if he happens to be one of the
actors in the film.  Sounds difficult to fulfill.

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[EMAIL PROTECTED]


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Re: Debian-approved creative/content license?

2007-03-11 Thread Francesco Poli
On Sun, 11 Mar 2007 11:04:33 -0700 (PDT) Ken Arromdee wrote:

 On Sun, 11 Mar 2007, Ben Finney wrote:
  Those licenses can apply to any software, not just programs. So, if
  the software is an audio work or picture, a software license like
  GPL or Expat can apply to it.
 
 Actually, there's one big problem.  The GPL's preferred form for
 modification clause.
 
 Unless the creators of the podcast directly edit the MP3--which is
 rather unlikely--the MP3 is not the preferred form for modification
 and putting the MP3 under GPL without releasing the raw audio files
 grants no rights at all. GPLing video has a similar problem.

In order to release the audio/video recording in a DFSG-free manner,
they should release the source as well, as defined in the GNU GPL v2.

Wonderful!  That is a feature of the GPL, not a bug!
Recipients should not be in a position of disadvantage with respect to
original authors, or otherwise it's not really Free Software.


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Re: Debian-approved creative/content license?

2007-03-11 Thread Francesco Poli
On Sun, 11 Mar 2007 19:04:57 + Måns Rullgård wrote:

 Ken Arromdee [EMAIL PROTECTED] writes:
 
  On Sun, 11 Mar 2007, Ben Finney wrote:
  Those licenses can apply to any software, not just programs. So, if
  the software is an audio work or picture, a software license like
  GPL or Expat can apply to it.
 
  Actually, there's one big problem.  The GPL's preferred form for
  modification clause.
[...]
 The preferred form for modification for a film director is often a
 reshoot of the scene.  I guess this means that a GPL video would have
 to ship with (a copy of) Tom Cruise if he happens to be one of the
 actors in the film.  Sounds difficult to fulfill.

No, that is the preferred form for recreating the film from scratch!

The preferred form for *modifying* the film is the video recording in
some format that is, well, preferred for, well, making modifications
(adding special effects, postproduction, editing, and so forth: think
about the so-called special editions of old movies, scenes are not
shot again with the original actors, but they may be modified in various
ways).


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Re: Debian-approved creative/content license?

2007-03-11 Thread Ken Arromdee
On Sun, 11 Mar 2007, Francesco Poli wrote:
 In order to release the audio/video recording in a DFSG-free manner,
 they should release the source as well, as defined in the GNU GPL v2.
 
 Wonderful!  That is a feature of the GPL, not a bug!
 Recipients should not be in a position of disadvantage with respect to
 original authors, or otherwise it's not really Free Software.

It's a bug.  If the original author puts a video under GPL and doesn't
release the source, you can't demand it.  He's not bound by the GPL since
he can't violate the copyright on his own work, so he has no obligation to
give you anything.

So the result is that you can't demand source and can't distribute the work
either.  That doesn't give free software the least bit of benefit.

The problem with source for audio or video files is that the source is
much larger and much more awkward to distribute than the final result.  It's
plausible that the author doesn't care what you do with his work, but doesn't
want to give you these files simply because it's a lot of trouble.  If he
then puts his work under GPL, he may not even realize that he's given you
no permission to redistribute at all.


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Re: Debian-approved creative/content license?

2007-03-11 Thread Benjamin Seidenberg
Ken Arromdee wrote:
 On Sun, 11 Mar 2007, Francesco Poli wrote:
   
 In order to release the audio/video recording in a DFSG-free manner,
 they should release the source as well, as defined in the GNU GPL v2.

 Wonderful!  That is a feature of the GPL, not a bug!
 Recipients should not be in a position of disadvantage with respect to
 original authors, or otherwise it's not really Free Software.
 

 It's a bug.  If the original author puts a video under GPL and doesn't
 release the source, you can't demand it.  He's not bound by the GPL since
 he can't violate the copyright on his own work, so he has no obligation to
 give you anything.

 So the result is that you can't demand source and can't distribute the work
 either.  That doesn't give free software the least bit of benefit.

 The problem with source for audio or video files is that the source is
 much larger and much more awkward to distribute than the final result.  It's
 plausible that the author doesn't care what you do with his work, but doesn't
 want to give you these files simply because it's a lot of trouble.  If he
 then puts his work under GPL, he may not even realize that he's given you
 no permission to redistribute at all.


   
Also, it's very possible that stuff no longer exists. I know that when I
do an audio project (quite infrequently), once I'm satisfied with the
result, I toss away all the intermediate stuff (audacity project files
and the like) and only keep the finished (wav/mp3/whatever).



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Re: Debian-approved creative/content license?

2007-03-11 Thread Don Armstrong
On Sun, 11 Mar 2007, Ken Arromdee wrote:
 If the original author puts a video under GPL and doesn't release
 the source, you can't demand it. He's not bound by the GPL since
 he can't violate the copyright on his own work, so he has no
 obligation to give you anything.

This is the same problem that exists for any work under the GPL;
there's nothing special about recordings here.
 
 The problem with source for audio or video files is that the
 source is much larger and much more awkward to distribute than the
 final result. It's plausible that the author doesn't care what you
 do with his work, but doesn't want to give you these files simply
 because it's a lot of trouble.

If you as an author do not want to distribute the source (or more
importantly, require others who modify your source to do so) then you
should pick a license like MIT or expat.

The licensing line is fairly simple:

Do you want copyleft?
 Yes: GPL (Maybe LGPL in some cases)
  No: MIT/Expat


Don Armstrong

-- 
An elephant: A mouse built to government specifications.
 -- Robert Heinlein _Time Enough For Love_ p244

http://www.donarmstrong.com  http://rzlab.ucr.edu


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