Re: Re: Help about texture inclueded in stellarium
On Tue, Jul 20, 2004 at 05:03:57PM -0400, Raul Miller wrote: On Tue, Jul 20, 2004 at 04:31:44PM -0400, Nathanael Nerode wrote: Damn. Did some more research, and you appear to be correct with respect to the most recent interpretations of the law. :-P The current interpretation of 17 USC Sect. 105 is that such works are copyright-controlled in countries which have copyright control over the works of their own governments. Also, public domain in the U.S. means that any U.S. citizen can assert copyright over such works (or derivatives). So we can GPL such works, for all the difference that makes. Er, this only applies if you commingle the public domain work with an original contribution of your own, AIUI. If I can discern the public domain version of the work from your copyrighted version, then your version is not copyrighted at all. Things cannot leave the public domain except through an act of Congress. As Lawrence Lessig has pointed out, this has happened[1], but it's relatively rare, and typically reserved for major campaign contributors like large movie studios, record companies, and music publishers. [1] Section 514 of the Uruguay Round Agreements Act (URAA), Pub. L. No. 103-465 (1994) (codified at 17 U.S.C. §§ 104A, 109(a), goes a step further: it removes thousands of works from the public domain and retroactively grants them copyrights, thereby depriving the public of its ability – and right – to freely use materials that were, for many years, open to all. These laws have greatly harmed plaintiffs’ artistic endeavors, and their ability to perform, teach, and disseminate works to the public. -- http://cyber.law.harvard.edu/openlaw/golanvashcroft/golan-reply.html -- G. Branden Robinson| Intellectual property is neither Debian GNU/Linux | intellectual nor property. [EMAIL PROTECTED] | Discuss. http://people.debian.org/~branden/ | -- Linda Richman signature.asc Description: Digital signature
Re: Re: Help about texture inclueded in stellarium
On Sun, Jul 25, 2004 at 12:06:48PM -0500, Branden Robinson wrote: If I can discern the public domain version of the work from your copyrighted version, then your version is not copyrighted at all. Gar. Nasty typo. s/can/cannot/ -- G. Branden Robinson| Mob rule isn't any prettier just Debian GNU/Linux | because you call your mob a [EMAIL PROTECTED] | government. http://people.debian.org/~branden/ | signature.asc Description: Digital signature
Re: Re: Help about texture inclueded in stellarium
While a work may be in the public domain in the U.S., it may be under copyright elsewhere. So, e.g., while works by the U.S. government may be public domain in the U.S., they may remain under copyright in other countries. Damn. Did some more research, and you appear to be correct with respect to the most recent interpretations of the law. :-P The current interpretation of 17 USC Sect. 105 is that such works are copyright-controlled in countries which have copyright control over the works of their own governments. However, the U.S. government may license their works and thus give permissions with respect to these foreign copyrights. Traditionally, the US Government has not abused this foreign copyright opportunity, and has treated its works as public domain worldwide. Accordingly, it hasn't issued explicit licenses. See for example from the USGS website, on http://sfbay.wr.usgs.gov/access/copyright.html: USGS-authored or produced data and information are in the public domain. The current interpretation of 17 USC appears, frankly, to be another example of encroaching copyright where it doesn't belong. :-(
Re: Re: Help about texture inclueded in stellarium
On Tue, Jul 20, 2004 at 04:31:44PM -0400, Nathanael Nerode wrote: Damn. Did some more research, and you appear to be correct with respect to the most recent interpretations of the law. :-P The current interpretation of 17 USC Sect. 105 is that such works are copyright-controlled in countries which have copyright control over the works of their own governments. Also, public domain in the U.S. means that any U.S. citizen can assert copyright over such works (or derivatives). So we can GPL such works, for all the difference that makes. -- Raul
Re: Help about texture inclueded in stellarium
The international copyright treaties, if I am not mistaken, only grant copyrights to works which are capable of being subject to copyright in their 'home countries'. It's not that simple. The US, for one, recognizes copyrights on works under copyright under US law that aren't in copyright elsewhere. I believe it's merely an option in those treaties whether or not you recognize such copyrights, and I don't believe that the US is the only nation that does. -- ___ Sign-up for Ads Free at Mail.com http://promo.mail.com/adsfreejump.htm
Re: Help about texture inclueded in stellarium
Nathanael Nerode [EMAIL PROTECTED] writes: License for these is at http://www.jpl.nasa.gov/images/policy/index.cfm, and here it is: --- Unless otherwise noted, images and video on JPL public web sites (public sites ending with a jpl.nasa.gov address) may be used for any purpose without prior permission, subject to the special cases noted below. [...] * JPL/Caltech contractors and vendors who wish to use JPL images in advertising or public relation materials should direct requests to the Television/Imaging Team Leader, Media Relations Office, Mail Stop 186-120, Jet Propulsion Laboratory, Pasadena CA 91109, telephone (818) 354-5011, fax (818) 354-4537. [...] --- I believe that the Special Cases and restrictions are all fine and DFSG-free. Most likely I'm missing something obvious, but could clarify why you consider the above DFSG-free? It seems to me that it discriminates against a group (JPL/Caltech contractors) and against a field of endeavor (advertising/public relations), both of which would have to contact JPL before they can use the images. (IANAL, IANADD.) Martin
Re: Help about texture inclueded in stellarium
On Sun, 18 Jul 2004, Martin Dickopp wrote: * JPL/Caltech contractors and vendors who wish to use JPL images in advertising or public relation materials should direct requests to the Television/Imaging Team Leader, Media Relations Office, Mail Stop 186-120, Jet Propulsion Laboratory, Pasadena CA 91109, telephone (818) 354-5011, fax (818) 354-4537. Most likely I'm missing something obvious, but could clarify why you consider the above DFSG-free? It seems to me that it discriminates against a group (JPL/Caltech contractors) and against a field of endeavor (advertising/public relations), both of which would have to contact JPL before they can use the images. The way I read this license, an earlier paragraph prohibits use of the images to imply endorsement by NASA (This is DFSG-free because it prohibits something which isn't allowed anyway.) The paragraph about the JPL contractors is an exception which grants extra permission--normally you can't use images this way at all, but if you're a contractor, you can do so by asking. It is worded badly. Instead of saying contractors who wish to use JPL images in ways that imply NASA endorsement should... it uses the generic phrase in advertising. It appears to have been written under the assumption that using the images in advertising automatically implies NASA endorsement. The way it's worded isn't DFSG-free, but I don't think they really meant to give non-contractors more rights than contractors. Someone (not me) probably should ask them what they really meant. The license also says that the person who downloads the images from the web site agrees, blah blah. Going by the literal wording of this license, only the person who downloads the images has to abide by those terms. He can then give the images to someone else and that person would not have to follow the terms. I don't think they could have meant that either.
Re: Help about texture inclueded in stellarium
- Original Message - From: Nathanael Nerode [EMAIL PROTECTED] To: [EMAIL PROTECTED] Cc: debian-legal@lists.debian.org Sent: Saturday, July 17, 2004 9:25 PM Subject: Re: Help about texture inclueded in stellarium snip Copyright subsists automatically in photographs in most countries (apparently not Canada, I hear). The statement above about Canada is incorrect. See, e.g., definition of artistic works here http://laws.justice.gc.ca/en/C-42/38965.html#rid-38971
Help about texture inclueded in stellarium
Hi, a few month ago stellarium was removed from debian because of uncleared copyright info. The upstream author made a great work and we have now all the information we could expect. However, my question is what should we do (Upstream author and me) in order to upload the package in main. The question is about pictures in the Public domain, or Picture downloaded on website such as NASA. About the Hipparcos star catalog we have the proof that if feets DFSG. (see copyright) [from the debian/copyright file] About the textures: --- They are comming form different sources, clearly identified below, however not all of them are free. Thus, this package cannot be included in main and remains non-free. Included source code * glpng PNG loader library for OpenGL v1.45 (10/07/00) by Ben Wyatt ben (at) wyatt100.freeserve.co.uk * Iniparser library Copyright (c) 2000 by Nicolas Devillard. * The stellastro and stellplanet libraries are mainly subsets of the libnova library (GPL) by Liam Girdwood (liam (at) nova-ioe.org) * The orbit.cpp/h and solve.h files are directly borrowed from Celestia (Chris Laurel). (GPL) * Other pieces of code and ideas are from Celestia too. Data * The Hipparcos star catalog From ESA (European Space Agency) and the Hipparcos mission. ref. ESA, 1997, The Hipparcos and Tycho Catalogues, ESA SP-1200 * The solar system data mainly comes from Celestia. Graphics * All graphics are copyrighted by Fabien Chéreau except the ones mentioned below: * The Earth texture was created by NASA using data from the MODIS instrument aboard the Terra satellite. Further information is available from http://earthobservatory.nasa.gov/Newsroom/BlueMarble/ * Mars texture map is from James Hastings-Trew's collection. * Moon texture map is Courtesy USGS Astrogeology Research Program, http://astrogeology.usgs.gov. (Public Domain) * All other planet maps from David Seal's site: http://maps.jpl.nasa.gov/ * The snowy landscape textures are from the GPL game tuxracer. * The fullsky milky way panorama is created by Axel Mellinger, University of Potsdam, Germany. Further information and more pictures available from http://home.arcor-online.de/axel.mellinger/ * All messiers nebula pictures except m31, Orion and the Pleiades from the Grasslands Observatory : http://www.3towers.com * M31, Orion and the Pleiades pictures come from Herm Perez : http://home.att.net/~hermperez/default.htm [../end of copyright file/...] In attachement, you could find the whole copyright file I've written for stellarium. Do you believe that I can upload it to main ? If no what should be done? You can find the package and its source at : http://machard.org/debian/ Thanks in advance, P.S. Please CC: me on reply, I am not on this list -- Pierre Machard [EMAIL PROTECTED] http://debian.org GPG: 1024D/23706F87 : B906 A53F 84E0 49B6 6CF7 82C2 B3A0 2D66 2370 6F87 This package was debianized by Pierre Machard [EMAIL PROTECTED] on Fri, 16 Jul 2004 12:03:19 +0200. This package was inspired by the previous maintainer Cédric Delfosse before it has been removed from Debian for copyright troubles. It was downloaded from http://prdownloads.sourceforge.net/stellarium/stellarium-0.6.0.tar.gz?download Upstream Author: Fabien Chéreau [EMAIL PROTECTED] Copyright: GPL-2 (see /usr/share/common-licenses/GPL-2) The astronomical data are from the Hipparcos data catalogue of ESA (the European Space Agency). We'd like to acknowledge ESA for the valuable data of this catalogue and the Hipparcos mission. WHY IS THE PACKAGE IN NON-FREE: --- Stellarium can be broken as 3 parts: - the source code, - the astronomical data, - the textures. About the source code: -- The source code is licensed as GPL, so there is no problem with it. About the astronomical data: The astronomical data are from the Hipparcos data catalogue. Here, I will copy a message sent by a scientist of the Hipparcos project, to the maintainer of the Debian spacechart package: ESA wishes to encourage the use and visibility of its results. I can confirm that you are essentially free to make use of the Hipparcos data as you wish (for example, as you have described). What ESA is does expect, as you have noted, is a suitable (and suitably prominent) message acknowledging ESA and the Hipparcos mission. The details are left to your discretion. Good luck regards Michael Perryman Project Scientist,
Re: Help about texture inclueded in stellarium
I'm going to deal with these one at a time, to avoid really long messages. * The Earth texture was created by NASA using data from the MODIS instrument aboard the Terra satellite.? Further information is available from http://earthobservatory.nasa.gov/Newsroom/BlueMarble/ If it was really created by NASA -- which is part of the US government -- then it is in the public domain, like all creations of the US government. If it was created (1) by a third party (like JPL) under contract with the government, or (2) was modified (to a degree significant for copyright) by a third party who is not part of the government, then it is under copyright and a license is needed from whoever has the copyright. You can probably find out which it is. :-) Anyway, from http://earthobservatory.nasa.gov/masthead.html, Any and all materials published on the Earth Observatory are freely available for re-publication or re-use, except where copyright is indicated. I suspect that re-use is intended to include modification (which is necessary for many scientific puposes) here. Perhaps if the site managers for Earth Observatory they were asked to clarify that, they would.
Re: Help about texture inclueded in stellarium
* All other planet maps from David Seal's site: http://maps.jpl.nasa.gov/ License for these is at http://www.jpl.nasa.gov/images/policy/index.cfm, and here it is: --- Unless otherwise noted, images and video on JPL public web sites (public sites ending with a jpl.nasa.gov address) may be used for any purpose without prior permission, subject to the special cases noted below. Publishers who wish to have authorization may print this page and retain it for their records; JPL does not issue image permissions on an image by image basis. By electing to download the material from this web site the user agrees: 1. that Caltech makes no representations or warranties with respect to ownership of copyrights in the images, and does not represent others who may claim to be authors or owners of copyright of any of the images, and makes no warranties as to the quality of the images. Caltech shall not be responsible for any loss or expenses resulting from the use of the images, and you release and hold Caltech harmless from all liability arising from such use. 2. to use a credit line in connection with images. Unless otherwise noted in the caption information for an image, the credit line should be Courtesy NASA/JPL-Caltech. 3. that the endorsement of any product or service by Caltech, JPL or NASA must not be claimed or implied. Special Cases: * Prior written approval must be obtained to use the NASA insignia logo (the blue meatball insignia), the NASA logotype (the red worm logo) and the NASA seal. These images may not be used by persons who are not NASA employees or on products (including Web pages) that are not NASA sponsored. In addition, no image may be used to explicitly or implicitly suggest endorsement by NASA, JPL or Caltech of commercial goods or services. Requests to use NASA logos may be directed to Bert Ulrich, Public Services Division, NASA Headquarters, Code POS, Washington, DC 20546, telephone (202) 358-1713, fax (202) 358-4331, email [EMAIL PROTECTED] * Prior written approval must be obtained to use the JPL logo (stylized JPL letters in red or other colors). Requests to use the JPL logo may be directed to the Television/Imaging Team Leader, Media Relations Office, Mail Stop 186-120, Jet Propulsion Laboratory, Pasadena CA 91109, telephone (818) 354-5011, fax (818) 354-4537. * If an image includes an identifiable person, using the image for commercial purposes may infringe that person's right of privacy or publicity, and permission should be obtained from the person. NASA and JPL generally do not permit likenesses of current employees to appear on commercial products. For more information, consult the NASA and JPL points of contact listed above. * JPL/Caltech contractors and vendors who wish to use JPL images in advertising or public relation materials should direct requests to the Television/Imaging Team Leader, Media Relations Office, Mail Stop 186-120, Jet Propulsion Laboratory, Pasadena CA 91109, telephone (818) 354-5011, fax (818) 354-4537. * Some image and video materials on JPL public web sites are owned by organizations other than JPL or NASA. These owners have agreed to make their images and video available for journalistic, educational and personal uses, but restrictions are placed on commercial uses. To obtain permission for commercial use, contact the copyright owner listed in each image caption. Ownership of images and video by parties other than JPL and NASA is noted in the caption material with each image. --- I believe that the Special Cases and restrictions are all fine and DFSG-free. The only issue I see is the basic permission grant. Unless otherwise noted, images and video on JPL public web sites (public sites ending with a jpl.nasa.gov address) may be used for any purpose without prior permission, subject to the special cases noted below. I suspect that used for any purpose is intended to include redistribution, copying, modification, etc. (Because of the any purpose.) It would still be a good idea to get a clarification that that is the intended meaning.
Re: Help about texture inclueded in stellarium
Well, I did the rest in one message since the comments were short. * Mars texture map is from James Hastings-Trew's collection. Is there any information known about the origin of this? That's really necessary before you can legally distribute it. If James Hastings-Trew took the pictures, a license is needed from him; if someone other person or organization did so, we need to know who! * Moon texture map is Courtesy USGS Astrogeology Research Program, http://astrogeology.usgs.gov. (Public Domain) Correct, USGS stuff is really public domain (and DFSG-free). * The snowy landscape textures are from the GPL game tuxracer. Tuxracer 0.61 claims to be copyright Jasmin F. Patry. I hope, therefore, that he got copyright assignments from his art team (credited as Richard Knowles and Mark Riddell). If not, tuxracer has a small problem. :-P Anyway, assuming they're taken from that version, I suppose I would trust upstream. Of course, you have to put the Copyright 1999, 2000, 2001 Jasmin F. Patry notice and the notice saying that it's available under GPL. * The fullsky milky way panorama is created by Axel Mellinger, University of Potsdam, Germany. Further information and more pictures available from http://home.arcor-online.de/axel.mellinger/ * All messiers nebula pictures except m31, Orion and the Pleiades from the Grasslands Observatory : http://www.3towers.com * M31, Orion and the Pleiades pictures come from Herm Perez : http://home.att.net/~hermperez/default.htm Copyright subsists automatically in photographs in most countries (apparently not Canada, I hear). It appears that these photographers haven't granted any permission to redistribute, let alone modify. You need express permission of some sort for anyone to copy, modify, and distribute (modified or unmodified) for these works to go in 'main'. Also, at the very least, you need express permission for Debian's mirror network to distribute them for these works to go in 'non-free'! So you definitely need to contact those photographers. This is the unfortunate effect of the current unconditional copyright laws present in most of the world, under which everything is copyrighted by default. Prior to 1976, the US had conditional copyright laws, under which you had to actually intentionally claim copyright on a publicly distributed work (by putting a notice on it) in order for it to be copyrighted. Don't you wish it still did? :-P
Re: Help about texture inclueded in stellarium
Correction. :-) * M31, Orion and the Pleiades pictures come from Herm Perez : http://home.att.net/~hermperez/default.htm Just found this on the web page: Feel free to use these images, if you use them in a commercial setting please attribute the source. That's the license. :-) If you get clarification that use includes modification and redistribution, then all is well and these can go in 'main'.
