game screenshots with incompatibly licensed content

2013-01-16 Thread Martin Erik Werner
Hi,

I'm involved in the game Red Eclipse[1], both in Debian and upstream.

We (upstream) were recently discussing including art content (in this
case a sky texture) licensed under the GPL (v2+ or v3 likely). (Yes, GPL
for art content is not a good idea in general, but that's a separate
issue.)

Red Eclipse currently includes a lot of art content licensed under the
CC-BY-SA-3.0 license, and as far as I have understood this license is
incompatible with the GPL license?
(https://www.gnu.org/licenses/license-list.html#ccbysa mentions only
version 2.0)

My impression is that using content under both licenses is fine in the
game itself, since it's dynamically used/displayed and not combined
otherwise.

However, what struck me as a problem here are screenshots, videos, etc.
showing the game and the art content in it. A screenshot showing both a
CC-BY-SA-3.0 texture and a GPL texture would be a derivative work of
both pieces of content, and in that case said screenshot would be
undistributable, since the licenses are incompatible.

Is this assumption correct? And should combinations of art content with
incompatible licenses in software that displays combinations of them, be
something to be wary about (when creating screenshots and similar) for
this reason?

The counsel regarding thumbnails in screenshots.d.n covered screenshots
and copyright in some aspects
http://wiki.debian.org/ScreenShots#License_of_screenshots
however it doesn't (I think) deal directly with this particular
question.


[1]
http://redeclipse.net
http://packages.qa.debian.org/r/redeclipse.html
http://packages.qa.debian.org/r/redeclipse-data.html
(redeclipse-data is non-free due to much of the art content missing
sources (by the same argument that PDF files can be non-free))

Thanks
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Re: game screenshots with incompatibly licensed content

2013-01-16 Thread Tanguy Ortolo
Martin Erik Werner, 2013-01-16 17:15+0100 (gmane.linux.debian.devel.legal):
 However, what struck me as a problem here are screenshots, videos, etc.
 showing the game and the art content in it. A screenshot showing both a
 CC-BY-SA-3.0 texture and a GPL texture would be a derivative work of
 both pieces of content, and in that case said screenshot would be
 undistributable, since the licenses are incompatible.

I am not sure. Is it a derivative of the content? I think the question
is the same as: is a picture of a monument a derivative of that
monument? You may want  to ask wikipedians about that.

Is it a derivative of the code? I doubt it, I see the code as being the
tool that allowed the shooter to generate the image, just as GIMP or a
paint brush would be.

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Re: game screenshots with incompatibly licensed content

2013-01-16 Thread Vincent Cheng
Hi Martin,

On Wed, Jan 16, 2013 at 8:15 AM, Martin Erik Werner
martinerikwer...@gmail.com wrote:
 Hi,

 I'm involved in the game Red Eclipse[1], both in Debian and upstream.

 We (upstream) were recently discussing including art content (in this
 case a sky texture) licensed under the GPL (v2+ or v3 likely). (Yes, GPL
 for art content is not a good idea in general, but that's a separate
 issue.)

 Red Eclipse currently includes a lot of art content licensed under the
 CC-BY-SA-3.0 license, and as far as I have understood this license is
 incompatible with the GPL license?
 (https://www.gnu.org/licenses/license-list.html#ccbysa mentions only
 version 2.0)

First off, IANAL.

The general consensus seems to be that CC-BY 3.0, CC-BY-SA 3.0, and
CC0 are DFSG-compatible and GPL-compatible; see the Debian wiki
article on DFSG Licenses [1], and also the fact that the Debian logo
itself is licensed under GPLv3+/CC-BY-SA 3.0 [2]. I know that there's
probably a few people on -legal who may not see the CC licenses as
being DFSG-compatible, but licenses are judged to be DFSG-compliant
and suitable for main by ftpmasters, not by debian-legal. ;)

 My impression is that using content under both licenses is fine in the
 game itself, since it's dynamically used/displayed and not combined
 otherwise.

 However, what struck me as a problem here are screenshots, videos, etc.
 showing the game and the art content in it. A screenshot showing both a
 CC-BY-SA-3.0 texture and a GPL texture would be a derivative work of
 both pieces of content, and in that case said screenshot would be
 undistributable, since the licenses are incompatible.

I've never actually encountered a work that was dual-licensed under
both GPL and CC at the same time. Usually it's code being licensed
under the GPL and the game's assets licensed under the CC. I'm curious
as to whether this is legally allowed too, and the implications of
having game assets dual licensed under the GPL  CC licenses.

 Is this assumption correct? And should combinations of art content with
 incompatible licenses in software that displays combinations of them, be
 something to be wary about (when creating screenshots and similar) for
 this reason?

 The counsel regarding thumbnails in screenshots.d.n covered screenshots
 and copyright in some aspects
 http://wiki.debian.org/ScreenShots#License_of_screenshots
 however it doesn't (I think) deal directly with this particular
 question.


 [1]
 http://redeclipse.net
 http://packages.qa.debian.org/r/redeclipse.html
 http://packages.qa.debian.org/r/redeclipse-data.html
 (redeclipse-data is non-free due to much of the art content missing
 sources (by the same argument that PDF files can be non-free))


Regards,
Vincent

[1] 
http://wiki.debian.org/DFSGLicenses#Creative_Commons_Attribution_Share-Alike_.28CC-BY-SA.29_v3.0
[2] http://www.debian.org/logos/


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Re: game screenshots with incompatibly licensed content

2013-01-16 Thread Francesco Poli
On Wed, 16 Jan 2013 09:37:54 -0800 Vincent Cheng wrote:

 Hi Martin,

Hi Martin, hi Vincent,

 
 On Wed, Jan 16, 2013 at 8:15 AM, Martin Erik Werner
 martinerikwer...@gmail.com wrote:
  Hi,
 
  I'm involved in the game Red Eclipse[1], both in Debian and upstream.
 
  We (upstream) were recently discussing including art content (in this
  case a sky texture) licensed under the GPL (v2+ or v3 likely).

Good, I hope the source (== preferred form for making modifications to
the texture itself) is available.

  (Yes, GPL
  for art content is not a good idea in general, but that's a separate
  issue.)

I respectfully, but strongly disagree with this misconception.
In my own personal opinion, the GNU GPL is a very good idea for artistic
works.

 
  Red Eclipse currently includes a lot of art content licensed under the
  CC-BY-SA-3.0 license, and as far as I have understood this license is
  incompatible with the GPL license?

I confirm that CC-by-sa-v3.0 is unfortunately incompatible with the GNU
GPL (both v2 and v3).

[...]
 
 First off, IANAL.

I am no lawyer, either.

 
 The general consensus seems to be that CC-BY 3.0, CC-BY-SA 3.0, and
 CC0 are DFSG-compatible and GPL-compatible;

Please let me clarify.
TTBOMK:

 * CC0 (which is a public domain dedication, rather than a license)
meets the DFSG and is GPL-compatible (as long as the source of the work
under consideration is available, and barring other issues)

 * I am personally convinced that CC-by-v3.0 and CC-by-sa-v3.0 do not
meet the DFSG

 * however, CC-by-v3.0 and CC-by-sa-v3.0 are currently accepted by
Debian ftpmasters as DFSG-compliant, despite my repeated attempts to
make them (and several other people) realize that they are wrong...

 * CC-by-v3.0 and CC-by-sa-v3.0 are GPL-incompatible (I had never seen
anyone claiming that they are compatible! Vincent, if yours is not a
typo, I think you somehow misinterpreted something about this topic...)

[...]
 I know that there's
 probably a few people on -legal who may not see the CC licenses as
 being DFSG-compatible,

I am one of those few, actually.

 but licenses are judged to be DFSG-compliant
 and suitable for main by ftpmasters, not by debian-legal. ;)

Yes, and, unfortunately, Debian ftpmasters seldom seem to be willing to
explain and/or discuss their decisions...   :-( 

 
  My impression is that using content under both licenses is fine in the
  game itself, since it's dynamically used/displayed and not combined
  otherwise.
 
  However, what struck me as a problem here are screenshots, videos, etc.
  showing the game and the art content in it. A screenshot showing both a
  CC-BY-SA-3.0 texture and a GPL texture would be a derivative work of
  both pieces of content, and in that case said screenshot would be
  undistributable, since the licenses are incompatible.
 
 I've never actually encountered a work that was dual-licensed under
 both GPL and CC at the same time.

As far as I understand the issue at hand, we are not talking about
dual-licensing: this term is generally used to describe a disjunctive
choice between two alternative licenses, among which the recipient may
choose his/her preferred one.

Here we are talking about a set of game data, a subset of which is
available under the terms of a license, while another subset is under a
different license.

 Usually it's code being licensed
 under the GPL and the game's assets licensed under the CC.

Unfortunately...
I definitely prefer the really DFSG-free cases, where both game engine
and game data are, for instance, under the GPL.

[...]
  Is this assumption correct? And should combinations of art content with
  incompatible licenses in software that displays combinations of them, be
  something to be wary about (when creating screenshots and similar) for
  this reason?

I am not sure.
When all the involved licenses are mutually compatible, we definitely
have a much simpler and safer scenario.
When incompatible licenses are thrown in, I don't know...


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Re: game screenshots with incompatibly licensed content

2013-01-16 Thread Paul Wise
On Thu, Jan 17, 2013 at 1:04 AM, Tanguy Ortolo wrote:

 I am not sure. Is it a derivative of the content? I think the question
 is the same as: is a picture of a monument a derivative of that
 monument? You may want  to ask wikipedians about that.

 Is it a derivative of the code? I doubt it, I see the code as being the
 tool that allowed the shooter to generate the image, just as GIMP or a
 paint brush would be.

Actual lawyers seem to say yes to both of those:

http://wiki.debian.org/ScreenShots#License_of_screenshots
http://lists.debian.org/debian-legal/2008/08/msg00018.html

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