Re: MIDI file dual-licensed (GPL + Creative Commons) ok?

2006-05-15 Thread Uwe Hermann
Hi,

thanks Francesco and Joe for the comments and insights. There's a
lot more complexity in such license issues than one would expect and
want to know, that's for sure ;)

Anyways, I conclude that the license is good enough for Debian, so I'll
leave the package intact, just slightly update the debian/copyright
file.


Thanks, Uwe.
-- 
Uwe Hermann 
http://www.hermann-uwe.de
http://www.it-services-uh.de  | http://www.crazy-hacks.org 
http://www.holsham-traders.de | http://www.unmaintained-free-software.org


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Re: MIDI file dual-licensed (GPL + Creative Commons) ok?

2006-05-14 Thread Joe Smith


Francesco Poli [EMAIL PROTECTED] wrote in message 
news:[EMAIL PROTECTED]

On Sat, 13 May 2006 15:03:19 +0200 Uwe Hermann wrote:

If you choose to separate the music
from the game without using it in other software, the GNU General
Public License is likely not to provide the level of protection the
music requires. This is because the GPL was written for software,
specifically, and there are other, better licenses to choose for
content such as music. Therefore, if you separate the music from the
software, you may also choose the Creative Commons license described
below. It is recommended that you do so, because otherwise you may
find yourself with the GPL unenforceable on the music, and you will
have no license for the music otherwise.


I strongly dislike all this FUD about the GNU GPL.
The author of this permission notice should really *read* licenses
before spreading misconceptions about them...
The very text of the GNU GPL v2 (section 0.) defines the term Program
(please note the capital letter) as:

| any program or other work which contains a notice placed by the
^
| copyright holder saying it may be distributed under the terms of this
| General Public License

I don't see how the GPL could be considered unenforceable on the music
(whatever that may mean)...


Indeed music should be fine under the GPL, or at least is no worse off than 
when under a CC licence.
Of course US copyright law as it relates to music is highly perverse, 
because the
law was writen by the RIAA in conjuction with the record labels (ASCAP 
[read: ass-cap]).


Remember that there are a whole crudload of copyrights
on any given released song. There is Copyright on music (composer), on the 
lyrics (lyricist), on the performance (artist),
and on the recording (Publisher [strictly whoever actually ran the recording 
machine]). The publisher usually has production rights, which are distict 
ftom the rights on
a particular recording. Do note the seperate copyrights of the artist and 
publisher, which are often lumped together.
[This is similar to how I hold copyright on a speech I give, even one that 
is completely impromptu, but the stenographer who trasncibes the speech has 
copyright on that particular transcription. Of course the transcription is a 
derivitive work, and would require licence from me, but there is still 
actual copyright on the transcription.]



Then there are the special rights for the publishers, the compulsory 
licence, etc.


Existing precident is presumably based mostly on traditional publishing,
and I would not be too surprised if it conflicts with free-software style 
licencing were present,
but certainly the CC licence would be no better off in this regard than the 
GPL.




I think it's OK (even though upstream seems to be misled by Creative
Commons propaganda or something...).
If one were to quickly read the CC Licences it would be easy to miss the 
problems

that cause GPL-incompatability and/or DFSG-nonfreeness.




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MIDI file dual-licensed (GPL + Creative Commons) ok?

2006-05-13 Thread Uwe Hermann
Hi,

Crimson Fields includes a *.mid file which has the following license:

---
License for the soundtrack

Quite simply, you have two choices. The music, as distributed with
Crimson Fields, is covered under the GNU General Public License, same
version(s) as the game itself. If you choose to separate the music from
the game without using it in other software, the GNU General Public
License is likely not to provide the level of protection the music
requires. This is because the GPL was written for software,
specifically, and there are other, better licenses to choose for content
such as music. Therefore, if you separate the music from the software,
you may also choose the Creative Commons license described below. It is
recommended that you do so, because otherwise you may find yourself with
the GPL unenforceable on the music, and you will have no license for the
music otherwise.

Copyright Notice

default.mid - Default Symphony
(c) 2004 by Dave Fancella, [EMAIL PROTECTED]

The Creative Commons License chosen guarantees all the same rights of
the GPL with the exception of a requirement of attribution.

Creative Commons License

http://creativecommons.org/licenses/by-sa/1.0/

Attribution-ShareAlike 1.0

You are free:

* to copy, distribute, display, and perform the work
* to make derivative works
* to make commercial use of the work

Under the following conditions:

Attribution. You must give the original author credit.

Share Alike. If you alter, transform, or build upon this work, you may
distribute the resulting work only under a license identical to this
one.

  * For any reuse or distribution, you must make clear to others the
license terms of this work.
  * Any of these conditions can be waived if you get permission from
the author.

Your fair use and other rights are in no way affected by the above.

This is a human-readable summary of the Legal Code (the full license).
---

I _think_ that should be ok, just wanted to make sure.


Uwe.
-- 
Uwe Hermann 
http://www.hermann-uwe.de
http://www.it-services-uh.de  | http://www.crazy-hacks.org 
http://www.holsham-traders.de | http://www.unmaintained-free-software.org


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Re: MIDI file dual-licensed (GPL + Creative Commons) ok?

2006-05-13 Thread Francesco Poli
On Sat, 13 May 2006 15:03:19 +0200 Uwe Hermann wrote:

 Hi,
 
 Crimson Fields includes a *.mid file which has the following license:
 
 -
 -- License for the soundtrack
 
 Quite simply, you have two choices. The music, as distributed with
 Crimson Fields, is covered under the GNU General Public License, same
 version(s) as the game itself.

That is enough for the soundtrack to comply with the DFSG.
Fine!  :)

 If you choose to separate the music
 from the game without using it in other software, the GNU General
 Public License is likely not to provide the level of protection the
 music requires. This is because the GPL was written for software,
 specifically, and there are other, better licenses to choose for
 content such as music. Therefore, if you separate the music from the
 software, you may also choose the Creative Commons license described
 below. It is recommended that you do so, because otherwise you may
 find yourself with the GPL unenforceable on the music, and you will
 have no license for the music otherwise.

I strongly dislike all this FUD about the GNU GPL.
The author of this permission notice should really *read* licenses
before spreading misconceptions about them...
The very text of the GNU GPL v2 (section 0.) defines the term Program
(please note the capital letter) as:

| any program or other work which contains a notice placed by the
  ^
| copyright holder saying it may be distributed under the terms of this
| General Public License

I don't see how the GPL could be considered unenforceable on the music
(whatever that may mean)...

 
 Copyright Notice
 
   default.mid - Default Symphony
   (c) 2004 by Dave Fancella, [EMAIL PROTECTED]
 
 The Creative Commons License chosen guarantees all the same rights of
 the GPL with the exception of a requirement of attribution.

This is definitely false.

 
 Creative Commons License
 
 http://creativecommons.org/licenses/by-sa/1.0/
 
 Attribution-ShareAlike 1.0
[...]
 This is a human-readable summary of the Legal Code (the full license).
 -
 --
 
 I _think_ that should be ok, just wanted to make sure.

I think it's OK (even though upstream seems to be misled by Creative
Commons propaganda or something...).


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