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Re: Bug#383316: Derivative works for songs



On Sun, 13 May 2007 19:11:32 +0200 (CEST) Miriam Ruiz wrote:

> 
> --- Francesco Poli <frx@firenze.linux.it> escribió:
> 
> > We must determine what is the preferred form for making
> > modifications to the song.  I'm not sure an Ogg Vorbis + MIDI form
> > qualifies...
> 
> I think that's quite complex to decide on a single-game basis, as that
> decision might affect most of other games, as well as synthetic
> videos, music all around the archive and most of media files in fact.

It *must* be decided on a case-by-case basis: no general rule can be
drawn from a specific decision, because what is source in one case, can
be compiled form in another.

This holds even for programs, not only for audio, video and similar
stuff.
Imagine we decided that C code is "always source": that would be a wrong
oversimplification, because there are quite some cases where C code is
generated from some other form (typical examples: parser code generated
from a grammar description by Bison, or C code automatically translated
from a higher level language).

Hence, each case has to be examined to determine which is the source.

[...]
> At some point I guess we should need to reach a decision about this,
> which will probably involve massive bug-filling if we decide .mpg,
> .avi, .mp3, .ogg files and so do not qualify enough as modifiable
> files,

As I said, we cannot reach any reasonable *general* conclusion about a
format.
In some cases an Ogg Vorbis file qualifies as source, because maybe it's
the preferred form for making modification to a work.  In other cases,
an Ogg Vorbis file does not qualify.

[...]
> If not, it's time to start a big debate about
> what is considered source form in art (which, in fact, I think it'll
> be quite an interesting topic).

Art does not need any special-casing (and anyway the boundaries of "art"
are quite blurred: some programs can be so elegant to be considered
"art"...).
Source code is defined as the form of a work which is preferred for
making modifications to it.

> 
> Greetings,
> Miry
> 
> PS: I'm not subscribed to debian-legal, so please include me in CC in
> your replies.

P.S.: I am instead subscribed to debian-legal, so please do *not* Cc:
me, as long as debian-legal is in the loop!

-- 
 http://frx.netsons.org/doc/nanodocs/testing_workstation_install.html
 Need to read a Debian testing installation walk-through?
..................................................... Francesco Poli .
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