Re: Bug#321669: enigma: Copyright violation for menu.s3m

2005-08-29 Thread Sven Luther
On Sun, Aug 28, 2005 at 09:09:33PM +0200, Erich Schubert wrote:
 Hi,
  Erich, applying the GPL to a documentation is ok, but don't you think you 
  are
  pushing things a bit hard by applying it to a music file too ? 
 
 It doesn't need to be GPL, but it needs to be DFSG-free.

Well, i was just surprised that you listed the second alternative as asking
the author to GPL it, instead of asking for a fre elicence, but i believe that
in this case, any licence that allows distribution of the music track should
be ok, not sure though. 

Friendly,

Sven Luther


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Re: Bug#321669: enigma: Copyright violation for menu.s3m

2005-08-29 Thread Erich Schubert
Hi,
 Well, i was just surprised that you listed the second alternative as asking
 the author to GPL it, instead of asking for a fre elicence, but i believe that
 in this case, any licence that allows distribution of the music track should
 be ok, not sure though. 

Not by the post-sarge requirements AFAICT. Until then I think we allowed
files you cannot modify (although mostly due to technical reasons, i.e.
firmware)

We have a licence which allows free distribution along with enigma. This
is not debian-specific - so it's fine for re-distributors like ubuntu -
but still not DFSG-free.

best regards,
Erich Schubert
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Re: Bug#321669: enigma: Copyright violation for menu.s3m

2005-08-29 Thread Sven Luther
On Mon, Aug 29, 2005 at 01:38:29PM +0200, Erich Schubert wrote:
 Hi,
  Well, i was just surprised that you listed the second alternative as asking
  the author to GPL it, instead of asking for a fre elicence, but i believe 
  that
  in this case, any licence that allows distribution of the music track should
  be ok, not sure though. 
 
 Not by the post-sarge requirements AFAICT. Until then I think we allowed
 files you cannot modify (although mostly due to technical reasons, i.e.
 firmware)

We spoke about documentation, firmware, and other such stuff which you have a
reasonable reason to modify, but music for a game ? You are free to take the
music and replace it with another, i suppose.
 
 We have a licence which allows free distribution along with enigma. This
 is not debian-specific - so it's fine for re-distributors like ubuntu -
 but still not DFSG-free.

So, what is it you want ? Full redistribution right outside of enigma as well
?

Friendly,

Sven Luther


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Re: Bug#321669: enigma: Copyright violation for menu.s3m

2005-08-29 Thread Erich Schubert
Hi,
 We spoke about documentation, firmware, and other such stuff which you have a
 reasonable reason to modify, but music for a game ? You are free to take the
 music and replace it with another, i suppose.

This is an s3m, screamtracker file. You can modify it quite easily with
so called trackers. We also have one as package: Soundtracker (although
I don't know if its does .s3m, the docs only mention .xm and .xi)
You could claim that this is a script, i.e. a program, to play music!

Anyway, I'm going to upload with the music removed for now.

  We have a licence which allows free distribution along with enigma. This
  is not debian-specific - so it's fine for re-distributors like ubuntu -
  but still not DFSG-free.
 
 So, what is it you want ? Full redistribution right outside of enigma as well

No, because this is still non-free according to DFSG. We need the public
right to modify it in order to meet the DFSG.

best regards,
Erich Schubert
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Re: Bug#321669: enigma: Copyright violation for menu.s3m

2005-08-29 Thread Andrew Suffield
On Sun, Aug 28, 2005 at 05:35:36PM -0700, Don Armstrong wrote:
 On Sun, 28 Aug 2005, Francesco Poli wrote:
  On Sun, 28 Aug 2005 20:34:02 +0200 Sven Luther wrote:
   Erich, applying the GPL to a documentation is ok, but don't you
   think you are pushing things a bit hard by applying it to a music
   file too ?
  
  I don't think so. Any work can be released under the GPL, IMHO.
 
 You can release it, but it may not be possible for anyone else to
 distribute it if you don't distribute the prefered form for
 modification (and anything else that is required for other people to
 distribute the work.)
 
 [Of course, there is an argument that the DFSG requires source anyway,
 but we'll leave that one aside for now.]

Soundtracker (and anything similar) modules such as we're dealing with
here, like midi files, are usually their own source. As distinct from
mp3 or wav files, which usually aren't. For those who don't know, a
module is in essence a midi file with embedded instrument samples.

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Re: Rules for submitting licenses for review

2005-08-29 Thread Humberto Massa GuimarĂ£es

** Sean Kellog ::
 On Saturday 27 August 2005 09:08 am, Ken Arromdee wrote:
  On Fri, 26 Aug 2005, Raul Miller wrote:
   That said, it looks to me like this license grants you the
   right to use those game mechanics, including making and
   distributiong modified versions of them.  If you've spotted
   someplace in this license which prohibits that kind of thing,
   I'd appreciate it if you could point that out to me.
 
  Since game mechanics are not copyrightable, without a license at
  all you still have the right to use them.  Although the license
  does grant you the right to use them, it grants you that with
  conditions.  Granting you the right to use something under
  some conditions, when previously you could use it without
  conditions, is taking away rights, not granting them.
 
 Without violating any of my NDA's with Wizards here, I've got to
 say that they very much believe that game mechanics are
 copyrightable.  The mechanics are a work of authorship put in a
 tangible form.  There are ways around copyright law, like
 independent invention, that are not available with patent law...
 but aside from that, you would need a license if you intend to
 just copy the d20 system (or create a derivative thereof).
 
 If you still think that game mechanics are not copyrightable, can
 you point me to some authority to support your claim.  I'd be
 interested to see how they are distinguished from things like
 cookbooks (which are copyrighted).
 
 -Sean

Ok, without consulting 17USC, I can tell you that in Brasil, game
mechanics are uncopyrightable *and* unpatentable: i.e., unprotected
at all.

Let's see, translation mine:

Author's Rights Act (Lei 9610/98), art 8: '''
  It won't be object of author's rights protection, as described by
this Law: [...] II - schemes, plans or rules for performing mental
acts, games, or businesses; [...]
'''

Industrial Property (*) Act (Lei 9279/96), art 10: '''
  It's not considered an invention or utility model (**): [...] VII -
gaming rules; [...]
'''

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Massa


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Re: Bug#321669: enigma: Copyright violation for menu.s3m

2005-08-29 Thread Francesco Poli
On Mon, 29 Aug 2005 14:15:06 +0200 Sven Luther wrote:

 We spoke about documentation, firmware, and other such stuff which you
 have a reasonable reason to modify, but music for a game ? You are
 free to take the music and replace it with another, i suppose.

You are always free to take a program and replace it with another one,
but that doesn't mean the program is DFSG-free.
The same holds for documentation, firmware, and... yes!, music, images,
and so forth.

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