On Sun, 16 Jun 2013 17:46:20 +0200
hermann meyer <[email protected]> wrote:

> Am 16.06.2013 14:10, schrieb Nils Gey:
> > On Sun, 16 Jun 2013 14:04:03 +0200
> > hermann meyer <[email protected]> wrote:
> >
> >> Am 15.06.2013 19:09, schrieb hermann meyer:
> >>> Am 15.06.2013 18:38, schrieb Nils Gey:
> >>>> On Sat Jun 15 18:25:29 2013 hermann meyer <[email protected]> wrote:
> >>>>> Am 15.06.2013 17:47, schrieb Nils Gey:
> >>>>>> On Sat Jun 15 17:01:05 2013 hermann meyer <[email protected]> wrote:
> >>>>>>> Hi
> >>>>>>>
> >>>>>>> Did anyone here know if the GPL+ v2.0 /v3.0 is compatible with the
> >>>>>>> CC-BY v3.0 (unported)
> >>>>>>> http://creativecommons.org/licenses/by/3.0/
> >>>>>>>
> >>>>>>> I only found here
> >>>>>>> http://wiki.debian.org/DFSGLicenses#Creative_Commons_Attribution_Share-Alike_.28CC-BY-SA.29_v3.0
> >>>>>>>
> >>>>>>>
> >>>>>>> that the CC-BY-SA v3.0 is compatible, but no mention of the CC-BY
> >>>>>>> v3.0 My understanding is that the CC-BY v3.0 has less restrictions
> >>>>>>> then the CC-BY-SA version, but I'm a bit unsure.
> >>>>>>>
> >>>>>>> Background: I would include some work which is under the CC-BY v3.0
> >>>>>>> to my project, which is under the GPL+ v2.0 (or later). I wouldn't
> >>>>>>> violate the DFSG, so I would make sure there is no issue at all when
> >>>>>>> I'm do so. The Author of the CC-BY v3.0 files is fine with my wishes.
> >>>>>>>
> >>>>>>> any hints?
> >>>>>>> hermann
> >>>>>> you can derive a version of the cc-by work, eveb with no
> >>>>>> modifications. You just need to give it a different name and credit
> >>>>>> the original author. Then you can change the license to a compatible
> >>>>>> one. I suggest cc by sa since this adds GPL compatible copyleft.
> >>>>>> Changes on your version need to be relicened as ccbysa then while the
> >>>>>> original ccby version stays untouched.
> >>>>>>
> >>>>>> This is a general principle: a work which is as freely licensed as cc
> >>>>>> by, public domain or compatible can be relicensed as-is with a more
> >>>>>> strict one.
> >>>>> Do you believe that it is needed to re-license it, I would prefer to
> >>>>> leave the license untouched, and include it "as it is", if possible.
> >>>>> My impression now, after reading all the posts about this theme on the
> >>>>> debian mailing list is, that they didn't make a difference between
> >>>>> cc-by-sa or just cc-by. They just mention the cc-by-sa on the wikki
> >>>>> page, because it is more restricted, but open enough.
> >>>>> Oh, what a hell, those license jungle. :-(
> >>>> yes. That is possible. You can do whatever you want with cc by except
> >>>> not giving credit.
> >>>>
> >>>> My suggestion assumed you want to be able to modify things and thus
> >>>> are interested in copyleft.
> >>>>
> >>> Well, no, there is no need to modify, and I would give credits,
> >>> already done on the project page, even if I didn't have upload the
> >>> files to our repository and will do in the about box as well, when I
> >>> upload them.
> >>>
> >>> I just was unsure what the license really mean, and if it is DFSGL
> >>> compatible. Now, after investigate some time in research, I know, that
> >>> the debain folks itself didn't know that for themselves, but the usual
> >>> practice is to accept cc-by since version 3.0 (2.5).
> >>>
> >>> greets
> >>> hermann
> >>>
> >> The best is happen at least,
> >> I receive the permission from the original author, to re-license the
> >> files and distribute them under the terms of the GPL. That's so great,
> >> leave all those license jungle behind me.
> >> :-)
> > You didn't even need the permission. That is what I wrote at first: CC-by 
> > implies that you can relicense the work with a more strict license at any 
> > time. From cc-by-sa over GPL up to closed source. As long as you keep the 
> > authors name around.
> >
> > Since I don't know the actual code/object/thing we are talking about you 
> > might have stepped in the jungle yourself now:
> > If that work is a binary work like audio data then the GPL is the wrong 
> > license. GPL is all about source code and its binary form. You can't simply 
> > redifine other data as source code and then say "the rest is GPL".
> >
> > If the original work was already fitting for CC-by (and not a mislicensed 
> > piece of code) then CC-by-sa might be much more appropriate, since it is 
> > the binary-data equivalent of the GPL.
> >
> > In any case and bottom line: All that matters not if you don't modify.
> >
> > Have fun!
> >
> > Nils
> umpf, back in the jungle, or what?
> Indeed we talk about (impulse response) wav files.
> I've contacted now the debian maintainer from our package, to ask him 
> what debian will prefer / accept.
> 
> thanks for your informative input Nils, I know you have fight some time 
> with the possible licenses of audio files for sample library’s, so I 
> guess you are right with what you said.
> 
> greets
> hermann


hm, impulse resonance. Now that is an interesting case. Because you are not 
actually using it as a sample file (it is not used as a snippet, how-ever 
short, to create a larger piece) but as a source for data. You could (in 
theory) also hardwire the information you parsed from the IR file into your 
code.

I say this because, if I were a lawyer, the interesting question is if somebody 
would claim that audio processed with an IR file becomes a derived work of the 
IR file itself. My strong guess is: no, not a derived work.

To keep it safe, in this case, keep the file CC-by. There is nothing wrong with 
CC-by, it is super permissive and, most important: it matters not if somebody 
considers ir-processed audio derived or not, since CC-by does not care about 
derived works and copyleft.

Don't relicense, keep the cc-by. Maximum compatibility, no problems (even 
theoretical ones).

Nils 
 
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