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Re: Scope of Creative Commons ShareAlike licensing for game assets



Hi,

On Mon, Nov 10, 2014 at 11:55:40AM +1100, Ben Finney wrote:
> Nils Dagsson Moskopp <nils@dieweltistgarnichtso.net> writes:
> > Developers often point to the music they used for the reason behind
> > that and claim that the scope of the Creative Commons ShareAlike
> > licensing requires that code must also be licensed CC BY-NC-SA, thus
> > definitely non-free according to DFSG and FSF criteria.
> 
> This would be a question of whether one (part of the) work constitutes a
> “derived work” of the prior one. If a jurisdiction would rule that the
> answer is affirmative, then yes, the derived work must comply with the
> license conditions of the prior work.

Alternatively, you can point out how many GPL'd games are using CC
BY-SA music, while the licenses are incompatible, and the music was
composed independently of the project:

- http://metadata.ftp-master.debian.org/changelogs//main/f/fretsonfire-songs-muldjord/fretsonfire-songs-muldjord_2.dfsg-1_copyright
- http://metadata.ftp-master.debian.org/changelogs//main/s/supertuxkart/supertuxkart_0.8.1-2_copyright
- http://metadata.ftp-master.debian.org/changelogs//main/f/freedink-data/freedink-data_1.08.20140901-1_copyright
- http://metadata.ftp-master.debian.org/changelogs//main/f/flare/flare_0.19-1_copyright

and even GPL + weird non-free license (though in this case from the same project):
- http://metadata.ftp-master.debian.org/changelogs//non-free/w/warsow-data/warsow-data_0.42-1_copyright

There are countless other examples in the archive.

Of course the combination BY-SA+BY-NC cannot be used in a commercial
context, but as you point out it should be possible to make an
alternative BY-SA-only with music replacements (or no music).

SunRider is describing themselves as "a 100% free game which is open
source, DRM-free, and free to modify and use for all personal and
non-commercial purposes" (http://sunrider-vn.com/main/donate/) so even
if their repo says "NC" (https://github.com/vaendryl/Sunrider) I
believe they are good-faith'd.

Cheers!
Sylvain


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