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Re: Questionable copyright on image file in stormbaancoureur packages



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.

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