Re: [Flightgear-devel] Microsoft artwork (!) in the 707 panel

2005-10-10 Thread Oliver Correll

 2.  To repaint the parts I took from the package
  There I have one questions:
 
   When I go to the aircarft museum and take some cockpit photos. 
 CanI use them for panel painting (like the 737 panel) ??
 
You will need permission from the museum or aircraft owner to use the photo
commercially. At least in Germany.

This is not necessary if you are able to take the photo from a place outside
of the museum or aircraft. 
(Of course in this case, this could be very difficult to take photos 
from a cockpit when you are outside of the aircraft)

Best Regards,
 Oliver C.





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Re: [Flightgear-devel] Microsoft artwork (!) in the 707 panel

2005-10-10 Thread Ralf Gerlich

Hello,

Oliver Correll schrieb:

2.  To repaint the parts I took from the package
There I have one questions:

 When I go to the aircarft museum and take some cockpit photos. 
Can 	 I use them for panel painting (like the 737 panel) ??


 
You will need permission from the museum or aircraft owner to use the photo

commercially. At least in Germany.


I'm not sure whether commercially is the right word for this. IANAL, 
but the German legal term is AFAIK geschäftsmäßig, which basically 
means anything one a regular basis, not necessarily requiring an 
exchange of money between provider and client. This seems to include 
distribution of such a photo as part of a panel for open download from 
the internet.


Remember: IANAL.

Regards,
Ralf

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Re: [Flightgear-devel] Microsoft artwork (!) in the 707 panel

2005-10-04 Thread Arnt Karlsen
On Mon, 03 Oct 2005 21:09:53 +0200, Georg wrote in message 
[EMAIL PROTECTED]:

 Hans-Georg Wunder schrieb:
 
  ...
  - Do we have a place to store aircrafts with uncompliant aircrafts
  ???
 
 
 Hi Hans-Georg,
 there is an AVSIM category in the file library named FlightGear with
 4  sub-categories: - base distribution, - source code, -scenery and
 terrain and  miscellaneous files.
 You could place anything there as it is your problem and risk and not 
 related to FlightGear if there are copyright problems but I think this
 is not prudent and useful. And you would be pretty lonely there as
 only 1 (!) file is there, in the  wrong category and with obvious
 copyright infringements as the 747 repaint is a commercial  movie
 theme.

..seriously, 0 is enough for trouble makers.  http://groklaw.net/

 Despite the bad place I will upload a tool to AVSIM as the license of 
 the compiler is a non profit and personal one and I don't want any
 problems for  FlightGear.
 In Germany it is pretty clear that I am allowed to give this *.exe to 
 other people as long as I do not take money with it. But what's about
 other parts of the  world? I don't know.

..you wanna ask please help me find the copyright owners to these
files on putting _any_ of these online.

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;o)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.


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Re: [Flightgear-devel] Microsoft artwork (!) in the 707 panel

2005-10-03 Thread Hans-Georg Wunder

Andy Ross wrote:

Hans-Georg Wunder wrote:


In the package there is a GPL-license.
If this is enough, then everything is OK regarding the panel.



Unfortunately, due to clear evidence of (minor, admittedly) copyright
violation, this is not enough.  The issue isn't license compatibility,
it is copyright ownership.  John Carty cannot legally grant a license
to artwork he does not own.  We need to be 100% sure that the people
granting the license (GPL or otherwise) own the copyright.



I wrote John a mail and told him, what Iam going to do,
but I got no answer.



At this point, I think a statement from Mr. Carty is really the only
thing that will be acceptable.  It's possible he didn't understand the
rules, and generated some of the artwork via screenshots of other
aircraft in MSFS.  That's a showstopper for us.


Now there three ways to go to get the panel GPL compliant:

1.  To write a mail to Mr. carty an wait for an anwser
(I got no anwser to my first mail, so I only have a small hope)

2.  To repaint the parts I took from the package
There I have one questions:

 When I go to the aircarft museum and take some cockpit photos. 
Can 	 I use them for panel painting (like the 737 panel) ??


 Is someone out there who has a 707 panel photo me ; ??
 (There is no aircraft museum in Germany with a 707, AFAIK)

- Do we have a place to store aircrafts with uncompliant aircrafts ???




Kind regards

Hans-Georg



Obviously Innis's model and FDM configuration are fine.  But my strong
suggestion is not to commit the panel until we can trace the history
of every image in it.

Andy

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Re: [Flightgear-devel] Microsoft artwork (!) in the 707 panel

2005-10-03 Thread Andy Ross
Hans-Georg Wunder wrote:
 Now there three ways to go to get the panel GPL compliant:

There still seems to be a misunderstanding.  The issue here is not a
minor technicality regarging open source license compatibility.  It is
that this package got caught using artwork to which the author does
not own the copyright!  This is not GPL incompliance, this is called
copyright infringement.

It is possible that the little icons were the only Microsoft artwork
at issue, but there is no way we can know that unless we know exactly
how the artwork in the 707 package was generated.  Especially for us,
because the mechanism behing the GPL is based on the idea of copyright
protection, it is extremely important that we remain clean of
perceived problems.

 When I go to the aircarft museum and take some cockpit photos.  Can
 I use them for panel painting (like the 737 panel) ??

Generally yes.  There is a long tradition (much longer than computers
or aircraft have been around) of people creating and distributed
simulated representations of objects using the real thing as a
reference.  That doesn't mean that you *can't* be asked to stop, of
course, but that it seems unlikely that you will.

Note, however, that many museums have a no cameras policy (which has
nothing to do with copyright law, although it is intended to protect
their exhibits' uniqueness).  So you may need to be sneaky when you
take the photos. :)

 - Do we have a place to store aircrafts with uncompliant aircrafts
   ???

I have no objection to making separate distributions of aircraft with
minor license incompatibilities.  But under no circumstances should
the FlightGear project distribute or link to content with known
copyright problems, sorry.

Andy

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Re: [Flightgear-devel] Microsoft artwork (!) in the 707 panel

2005-10-03 Thread Georg Vollnhals

Hans-Georg Wunder schrieb:


...
- Do we have a place to store aircrafts with uncompliant aircrafts ???



Hi Hans-Georg,
there is an AVSIM category in the file library named FlightGear with 4 
sub-categories:
- base distribution, - source code, -scenery and terrain and 
miscellaneous files.
You could place anything there as it is your problem and risk and not 
related to FlightGear

if there are copyright problems but I think this is not prudent and useful.
And you would be pretty lonely there as only 1 (!) file is there, in the 
wrong category and
with obvious copyright infringements as the 747 repaint is a commercial 
movie theme.
Despite the bad place I will upload a tool to AVSIM as the license of 
the compiler is
a non profit and personal one and I don't want any problems for 
FlightGear.
In Germany it is pretty clear that I am allowed to give this *.exe to 
other people as long
as I do not take money with it. But what's about other parts of the 
world? I don't know.
Therefore AVSIM is a good place as long as there are any doubts to 
protect FlightGear.


In your case, I would at least think about not giving your work away as 
aircraft designers
of other flightsims very often copy even panels or sideviews out of 
other sims via screenshot
and make it a basis of their own work. I can give a lot of samples where 
FLY! II panels and
sideviews are taken for aircrafts of other sims (although FLY! isn't 
sold anymore the stuff is

copyrighted!). Some designers don't think about these things or ..
Therefore, if you can't get an answer from the author of the original 
panel, try to get other
stuff. This is painful due to the lot of work you spent but on the long 
run it would be better
for you and FlightGear to have a panel which could go into the basic 707 
aircraft.

Regards
Georg EDDW



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Re: [Flightgear-devel] Microsoft artwork (!) in the 707 panel

2005-09-29 Thread Arnt Karlsen
On Wed, 28 Sep 2005 17:06:40 -0400, Jim wrote in message 
[EMAIL PROTECTED]:

  From: Andy Ross
  
  Hans-Georg Wunder wrote:
   In the package there is a GPL-license.
   If this is enough, then everything is OK regarding the panel.
  
  Unfortunately, due to clear evidence of (minor, admittedly)
  copyright violation, this is not enough.  The issue isn't license
  compatibility, it is copyright ownership.  John Carty cannot legally
  grant a license to artwork he does not own.  We need to be 100% sure
  that the people granting the license (GPL or otherwise) own the
  copyright.
  
   I wrote John a mail and told him, what Iam going to do,
   but I got no answer.
  
  At this point, I think a statement from Mr. Carty is really the only
  thing that will be acceptable.  It's possible he didn't understand
  the rules, and generated some of the artwork via screenshots of
  other aircraft in MSFS.  That's a showstopper for us.
  
  Obviously Innis's model and FDM configuration are fine.  But my
  strong suggestion is not to commit the panel until we can trace the
  history of every image in it.
  
 
 Andy's view on this is the same as my own.  If OSS developers learned
 a lesson from SCO it is this.  Although it is hard to see now,  some
 day FGFS or a derivative is likely to be a real threat to whatever is
 left of the future MSFS desktop market and the last thing we want to
 do is give some bunch of copyright lawyers a toehold.

..aye.  http://groklaw.net/   We're not too worried about tSCOG 
anymore, ;o)  but we do peel off layer by layer onion peel style 
who's done what etc and who's next and why and how etc.  ;o)
So, John Carty, your statement, please.

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;o)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.


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Re: [Flightgear-devel] Microsoft artwork (!) in the 707 panel

2005-09-28 Thread Andy Ross
Hans-Georg Wunder wrote:
 In the package there is a GPL-license.
 If this is enough, then everything is OK regarding the panel.

Unfortunately, due to clear evidence of (minor, admittedly) copyright
violation, this is not enough.  The issue isn't license compatibility,
it is copyright ownership.  John Carty cannot legally grant a license
to artwork he does not own.  We need to be 100% sure that the people
granting the license (GPL or otherwise) own the copyright.

 I wrote John a mail and told him, what Iam going to do,
 but I got no answer.

At this point, I think a statement from Mr. Carty is really the only
thing that will be acceptable.  It's possible he didn't understand the
rules, and generated some of the artwork via screenshots of other
aircraft in MSFS.  That's a showstopper for us.

Obviously Innis's model and FDM configuration are fine.  But my strong
suggestion is not to commit the panel until we can trace the history
of every image in it.

Andy

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Re: [Flightgear-devel] Microsoft artwork (!) in the 707 panel

2005-09-28 Thread Jim Wilson
 From: Andy Ross
 
 Hans-Georg Wunder wrote:
  In the package there is a GPL-license.
  If this is enough, then everything is OK regarding the panel.
 
 Unfortunately, due to clear evidence of (minor, admittedly) copyright
 violation, this is not enough.  The issue isn't license compatibility,
 it is copyright ownership.  John Carty cannot legally grant a license
 to artwork he does not own.  We need to be 100% sure that the people
 granting the license (GPL or otherwise) own the copyright.
 
  I wrote John a mail and told him, what Iam going to do,
  but I got no answer.
 
 At this point, I think a statement from Mr. Carty is really the only
 thing that will be acceptable.  It's possible he didn't understand the
 rules, and generated some of the artwork via screenshots of other
 aircraft in MSFS.  That's a showstopper for us.
 
 Obviously Innis's model and FDM configuration are fine.  But my strong
 suggestion is not to commit the panel until we can trace the history
 of every image in it.
 

Andy's view on this is the same as my own.  If OSS developers learned a lesson 
from SCO it is this.  Although it is hard to see now,  some day FGFS or a 
derivative is likely to be a real threat to whatever is left of the future MSFS 
desktop market and the last thing we want to do is give some bunch of copyright 
lawyers a toehold.

Best,

Jim



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