Please vet this modified CC license for uploading FoF music to non-free (was: Re: Could you please forward this proposed license to Teosto?)
On 5/15/07, Matthew Johnson <debian@matthew.ath.cx> wrote:
...
How about:
http://creativecommons.org/licenses/by-nd-nc/1.0/legalcode with 4. d.
added saying:
You may not publicly display, publicly perform, or publicly digitally
perform the Work except as part of the game and you may not
distribute the Work except with the intention of it being used with
the Game.
and 1. g.:
"The Game" means the game Frets on Fire or a derivative work of
Frets on Fire.
Dear debian-legal,
The license is below. Is it good enough for Tommi Inkila's FoF music
to be uploaded to non-free?
== How it was made ==
Tommi mailed me privately, and told me he and his teammates
would prefer that the license allow use of the music in FoF only, not
in derivatives. I tried to convince him why allowing forking is good,
and he understands, but he still prefers to keep it this way for now.
So I think we should try to get the upstream music in Debian as-is for
now instead of bothering upstream more. If someone wants to fork FoF
and use the upstream music, they should take it up with upstream
themselves.
So, I took http://creativecommons.org/licenses/by-nd-nc/1.0/legalcode
and made some changes. For example, I changed "Creative Commons Legal
Code" to "Restricted Media Legal Code". I didn't use the name "Frets
on Fire" there since I don't want people to think the license applies
to the whole game. It is only for Tommi Inkila's music. As another
example, I removed the trademark-related text. I hereby release the
new license text to the public domain. A diff of the original and new
licenses, and a paste of the new license in its entirety, follow.
And so I ask you, dear debian-legal: Is the new license good enough
for Tommi Inkila's FoF music to be uploaded to non-free? If it's OK,
then we can kindly ask upstream to look over it themselves then send
it to Teosto for approval.
Regards,
Jason
== Diff of original and new ==
diff -ruN /home/j/overwrite_usb_with_these/cc-by-nd-nc-license.txt
/home/j/overwrite_usb_with_these/rm-by-nd-nc-ffo-license.txt
--- /home/j/overwrite_usb_with_these/cc-by-nd-nc-license.txt 2007-05-22
15:03:09.000000000 -0400
+++ /home/j/overwrite_usb_with_these/rm-by-nd-nc-ffo-license.txt 2007-05-22
15:16:27.000000000 -0400
@@ -1,19 +1,19 @@
- Creative Commons
- Creative Commons Legal Code
+ Restricted Media Legal Code
- Attribution-NoDerivs-NonCommercial 1.0
-CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
+ Attribution-NoDerivs-NonCommercial-ForFretsOnly 1.0
+
+THE AUTHORS OF THIS LICENSE ARE NOT LAWYERS AND DO NOT PROVIDE
LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN
-ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
-INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
-REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
+ATTORNEY-CLIENT RELATIONSHIP. THE AUTHORS PROVIDE THIS
+INFORMATION ON AN "AS-IS" BASIS. THE AUTHORS MAKE NO WARRANTIES
+REGARDING THE INFORMATION PROVIDED, AND DISCLAIM LIABILITY FOR
DAMAGES RESULTING FROM ITS USE.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
-CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
+RESTRICTED MEDIA PUBLIC LICENSE ("RMPL" OR "LICENSE"). THE WORK IS
PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE
WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
@@ -49,6 +49,7 @@
with respect to the Work, or who has received express permission
from the Licensor to exercise rights under this License despite a
previous violation.
+ g. "The Game" means the game Frets on Fire.
2. Fair Use Rights. Nothing in this license is intended to reduce,
limit, or restrict any rights arising from fair use, first sale or
@@ -115,6 +116,10 @@
will appear where any other comparable authorship credit appears
and in a manner at least as prominent as such other comparable
authorship credit.
+ d. You may not publicly display, publicly perform, or publicly
+ digitally perform the Work except as part of the Game and you may
+ not distribute the Work except with the intention of it being used
+ with the Game.
5. Representations, Warranties and Disclaimer
a. By offering the Work for public release under this License,
@@ -184,21 +189,11 @@
You. This License may not be modified without the mutual written
agreement of the Licensor and You.
-Creative Commons is not a party to this License, and makes no warranty
-whatsoever in connection with the Work. Creative Commons will not be
+The authors of this License are not party to this License, and make no warranty
+whatsoever in connection with the Work. The authors of this License will not be
liable to You or any party on any legal theory for any damages
whatsoever, including without limitation any general, special,
incidental or consequential damages arising in connection to this
-license. Notwithstanding the foregoing two (2) sentences, if Creative
-Commons has expressly identified itself as the Licensor hereunder, it
-shall have all rights and obligations of Licensor.
-
-Except for the limited purpose of indicating to the public that the
-Work is licensed under the CCPL, neither party will use the trademark
-"Creative Commons" or any related trademark or logo of Creative
-Commons without the prior written consent of Creative Commons. Any
-permitted use will be in compliance with Creative Commons'
-then-current trademark usage guidelines, as may be published on its
-website or otherwise made available upon request from time to time.
-
-Creative Commons may be contacted at http://creativecommons.org/.
+License. Notwithstanding the foregoing two (2) sentences, if the authors
+of this License have expressly identified themselves as the Licensor
+hereunder, they shall have all rights and obligations of Licensor.
== The new license ==
Restricted Media Legal Code
Attribution-NoDerivs-NonCommercial-ForFretsOnly 1.0
THE AUTHORS OF THIS LICENSE ARE NOT LAWYERS AND DO NOT PROVIDE
LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN
ATTORNEY-CLIENT RELATIONSHIP. THE AUTHORS PROVIDE THIS
INFORMATION ON AN "AS-IS" BASIS. THE AUTHORS MAKE NO WARRANTIES
REGARDING THE INFORMATION PROVIDED, AND DISCLAIM LIABILITY FOR
DAMAGES RESULTING FROM ITS USE.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
RESTRICTED MEDIA PUBLIC LICENSE ("RMPL" OR "LICENSE"). THE WORK IS
PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE
WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND
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