On Wed, 09 Jan 2008 15:09:58 -0500 Barry deFreese wrote: > Hi, Hi! [...] > "engine.tga > Rendered from purchased 3D model" [...] > >No, the image is copyrighted by me. > >I purchased the right to make renderings from a 3D model. > > > >This 3D model is not included in the game. > > Is this even possible? If he provides copyright are we covered? AFAICT, the image is copyrighted by the author who rendered it, but also by the 3D model copyright holder. I would say the image is a derivative work of the 3D model. What's the source for the image? The preferred form for making modifications to the image (this is the definition of source found in the GNU GPL, which is the best one I am aware of). I would say that the preferred form for modification consists of the 3D model, plus some rendering instructions (camera positioning, lighting data, and so forth). Hence, I see two issues with this image: it's possibly legally undistributable (if the 3D model copyright does not permit redistribution), and source is not distributed (DFSG#2). The first issue, if confirmed, makes it unsuitable for inclusion in Debian or in any other publicly accessible repository (such as the non-free archive). The second issue makes it unsuitable for inclusion in Debian (main). IMO, in order to stay in Debian (main), the image must comply with the DFSG (including #2). Now some big disclaimers: IANAL, TINLA, IANADD, TINASOTODP. More specifically, take into account that my personal opinion on this topic has raised disagreements in the past. See http://lists.debian.org/debian-legal/2005/07/msg00441.html http://lists.debian.org/debian-legal/2005/03/msg00149.html However, I think it's doubtless that the DFSG must be applied to any work included in packages in main: this is consistent with the original intentions of DFSG drafters http://lists.debian.org/debian-legal/2003/08/msg00264.html and was clarified by GR-2004-003 http://www.debian.org/vote/2004/vote_003 And finally, think about it: is a game *really* Free, if we don't get permission to copy, redistribute, modify, etc. *any* part of it, or if we don't get access to the preferred form for modifying *any* part of it? [...] > Please CC with replies if possible as I am not on the list. Done. -- http://frx.netsons.org/progs/scripts/refresh-pubring.html New! Version 0.6 available! What? See for yourself! ..................................................... Francesco Poli . GnuPG key fpr == C979 F34B 27CE 5CD8 DC12 31B5 78F4 279B DD6D FCF4
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