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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GPLed libraries dfsg compatible?

2006-05-14 Thread Moritz Lenz
Hello,

I want to debianize EiffelStudio, a compiler and IDE for the programming
language eiffel. It is dual-licenced under a commercial licence and
under GPL.
Included in EiffelStudio is the so called Base Library, released under
the GPL as well. This library is absolutely nesseary for programming
with eiffel, you are not able to write any program that does not use the
Base Library.
With this licencing model you are forced to release your programs
written in EiffelStudio (GPL version) under the GPL as well.

Can we regard this software as dfsg compatible?

(I'm sorry if this should be the wrong place to ask, it's my first
debianization project)

Best regards,
Moritz


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Re: GPLed libraries dfsg compatible?

2006-05-14 Thread Stephen Gran
This one time, at band camp, Moritz Lenz said:
 Hello,
 
 I want to debianize EiffelStudio, a compiler and IDE for the programming
 language eiffel. It is dual-licenced under a commercial licence and
 under GPL.
 Included in EiffelStudio is the so called Base Library, released under
 the GPL as well. This library is absolutely nesseary for programming
 with eiffel, you are not able to write any program that does not use the
 Base Library.
 With this licencing model you are forced to release your programs
 written in EiffelStudio (GPL version) under the GPL as well.
 
 Can we regard this software as dfsg compatible?

Absolutely.  It is a viral license, but that is the point, and Debian
considers the GPL to be free.
-- 
 -
|   ,''`.Stephen Gran |
|  : :' :[EMAIL PROTECTED] |
|  `. `'Debian user, admin, and developer |
|`- http://www.debian.org |
 -


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Re: GPLed libraries dfsg compatible?

2006-05-14 Thread Moritz Lenz
Hi,

Stephen Gran wrote:
 This one time, at band camp, Moritz Lenz said:
 Hello,

 I want to debianize EiffelStudio, a compiler and IDE for the programming
 language eiffel. It is dual-licenced under a commercial licence and
 under GPL.
 Included in EiffelStudio is the so called Base Library, released under
 the GPL as well. This library is absolutely nesseary for programming
 with eiffel, you are not able to write any program that does not use the
 Base Library.
 With this licencing model you are forced to release your programs
 written in EiffelStudio (GPL version) under the GPL as well.

 Can we regard this software as dfsg compatible?
 
 Absolutely.  It is a viral license, but that is the point, and Debian
 considers the GPL to be free.

I know that GPL is free in dfsg-terms, I was just unsure because in this
case it limits your control over the results of your work (A new program
can hardly be considered as derived work from a library it barely
uses, can it?).

But if there are no doubts in this case I'm glad ;)

Best regards,
Moritz

-- 
Moritz Lenz
http://moritz.faui2k3.org/



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Proposed licence for Debconf video recordings

2006-05-14 Thread Ben Hutchings
This is a proposed licence text for the Debconf video recordings
(and potentially other audio and video recordings), based on the MIT/X
licence:

Here's the text:

Copyright (c) year copyright holders

Permission is hereby granted, free of charge, to any person obtaining
a copy of this recording, to deal in the recording without
restriction, including without limitation the rights to use, copy,
transcode, modify, merge, publish, distribute, sublicense, and/or sell
copies of the recording, and to permit persons to whom the recording
is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be
distributed with all copies and transcodings of the recording or
substantial portions thereof.

THE RECORDING IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE RECORDING OR THE USE OR OTHER DEALINGS IN THE RECORDING.

Does this appear free and reasonably applicable to such recordings?
I seem to remember that there are some specific legal terms relating
to copyright of audio recordings.  Is there a legal term that
would cover transcoding?

Are there loopholes by which someone could legally remove the
copyright notice and permission notice?

The lack of a clear distinction between source and binary for video
means that the licence is much more like copyleft than the originali
(but without any mention of a preferred form).  Does anyone on the
video team see this as a problem?

Ben.

-- 
Ben Hutchings
Humour is the best antidote to reality.


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Re: Proposed licence for Debconf video recordings

2006-05-14 Thread Don Armstrong
On Mon, 15 May 2006, Ben Hutchings wrote:

 This is a proposed licence text for the Debconf video recordings
 (and potentially other audio and video recordings), based on the
 MIT/X licence:

Copyright [-(C) 1994-2003 The XFree86 Project, Inc.  All Rights Reserved.-]
 {+(c) year copyright holders+}

Permission is hereby granted, free of charge, to any person obtaining
a copy of this [-software and associated documentation files (the
Software),-] {+recording,+} to deal in the [-Software-]
{+recording+} without restriction, including without limitation the
rights to use, copy, {+transcode,+} modify, merge, publish,
distribute, sublicense, and/or sell copies of the [-Software,-]
{+recording,+} and to permit persons to whom the [-Software-]
{+recording+} is [-furnished-] {+furnished+} to do so, subject to the
following conditions:

The above copyright notice and this permission notice shall be [-included in-]
{+distributed with+} all copies {+and transcodings of the recording+} or
substantial portions [-of the Software.-] {+thereof.+}

THE [-SOFTWARE-] {+RECORDING+} IS PROVIDED AS IS, WITHOUT WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE [-XFREE86 PROJECT-] {+AUTHORS
OR COPYRIGHT HOLDERS+} BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE [-SOFTWARE-]
{+RECORDING+} OR THE USE OR OTHER DEALINGS IN THE [-SOFTWARE.-]
{+RECORDING.+}

This is pretty much is just the XFree86 license; I don't think there's
any problem with works under this licence being considered DFSG Free.

 Does this appear free and reasonably applicable to such recordings?
 I seem to remember that there are some specific legal terms relating
 to copyright of audio recordings. Is there a legal term that would
 cover transcoding?

There are probably a couple, but I'm not quite sure what you're asking
for here.
 
 Are there loopholes by which someone could legally remove the
 copyright notice and permission notice?

I don't believe so; since it's just the XFree86 license, and no one
has been able to modify it in that fashion before, I kind of doubt it.


Don Armstrong

-- 
Junkies were all knitted together in a loose global macrame, the
intercontinental freemasonry of narcotics.
 -- Bruce Sterling, _Holy Fire_ p257

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


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Re: GPLed libraries dfsg compatible?

2006-05-14 Thread Lionel Elie Mamane
On Sun, May 14, 2006 at 10:38:14PM +0200, Moritz Lenz wrote:
 Stephen Gran wrote:
 This one time, at band camp, Moritz Lenz said:

 Included in EiffelStudio is the so called Base Library, released
 under the GPL as well. This library is absolutely nesseary for
 programming with eiffel, you are not able to write any program
 that does not use the Base Library.

 (A new program can hardly be considered as derived work from a
 library it barely uses, can it?).

On the one hand you say the program barely uses the library, on the
other hand you say the library is essential (you are not able to
write a program that does not use the base library). This seems
rather antonymic.

-- 
Lionel


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