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License for musical scales in scl format



Hi,

I've finished a package for Music21[0] but I need to solve one last license
issue. This software uses a scale database which is available under the
following condition:

"The scale archive can be freely downloaded. See the contents listing for a
brief description of each scale file. The scales are at:
http://www.huygens-fokker.org/docs/scales.zip."[1]

[0] http://mit.edu/music21/
[1] http://www.huygens-fokker.org/scala/scl_format.html

People from Music21 software have been very friendly by fixing all license
issues related to the software in order to have it in Debian, but this one
doesn't depend on them. After trying to contact scale archive upstream I got no
answer (no panic though, mail sent only a few days ago).

Additional resources:

* http://en.wikipedia.org/wiki/Scala_%28program%29#File_formats
* http://pure-lang.googlecode.com/svn/trunk/examples/scale/scale.html#copying

So my question is what actually makes the scale archive an
original/creative/intellectual work:

1) The musical scales themselves? (well, I don't think so)
2) The .scl scale format as documented in [1] above?
3) The work of translating those musical scales into .scl files?

By understanding this I could try to focus on an alternative solution in case
the author doesn't allow us to distribute his archive under a DFSG-friendly
license.

Thanks,

-- 
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