Re: Copyright of console illustrations
On Sat, Aug 30, 2025 at 01:43:24PM -0500, Michael Lustfield wrote:
> On Sat, 30 Aug 2025 18:47:39 +0200
> "Andrea Pappacoda" <tachi@debian.org> wrote:
>
> > License: public-domain
>
> As a rule of thumb, nothing is actually public domain unless it's very old.
> There are licenses that attempt to replicate public domain, but it is not
> possible to simply state you release something into public domain--at least not
> in EU or US.
>
> (license vs. copyright)
>
> > My question is: are these illustrations copyrightable? To me, it seems
> > that they do not meet the threshold of originality of copyright law, as
> > they just report in SVG format a physical object. There's no
> > originality.
>
> This would require a judgment call, meaning you need to make an assumption
> that courts would also agree. I don't know how hard it was to build those
> simple images, and that would be a factor.
>
>
> Copied from: https://www.dimensions.com/legal
>
> > Dimensions.com grants you an irrevocable, nonexclusive, worldwide copyright license to download, copy, modify, and use drawings and models from Dimensions.com for non-commercial uses without permission from Dimensions.com. Attribution and citation, including a functional link to the source, must be provided if referenced. Blogs, news articles, and similar online writing cannot use Dimensions.com 2D drawings or 3D models without approval and attribution as outlined previously.
>
> Assuming the remainder of the application meets DFSG, then I'd say the bar for
> "non-commercial" was met as well.
>
> > Copyright: 2021 melonDS team
>
> I'm not finding melonDS on that page, but I also see the site does not claim
> authorship or copyright. Ah, melonds made the fork ... they do not have
> copyright on this file.
>
> > I was thinking, in the debian/copyright file, of writing something like
> > this:
>
> https://salsa.debian.org/tachi/melonds/-/tree/793427e203df56edaa7f3046f92d7634998e091f/src/frontend/qt_sdl/InputConfig/resources
>
> That directory already has a license file in it that specifies the license
> applied to those files.
>
> Files: src/frontend/qt_sdl/InputConfig/resources/*
> Copyright: ToDo
> License: non-commercial
> We restrict the usage of our drawings and 3D models in commercial software,
> but as long as it's a free and open source community project, that would be
> approved. Any reference/backlink to Dimensions.com that could be provided in
> the developer notes and/or credits for the project would be sufficient for use."
>
>
> The question that I'm left with is- does the non-commercial mandate of these
> images destroy DFSG-freeness of the package they're included in?
Yes, it is non-free.
Note the quoted text above only talks about usage, it is completly
silent on modification and even (re-)distribution. the latter is the
*minimum requirment* even for non-free. Without redistribution rights,
we cannot have it Debian.
> Personally, I
> don't think it passes the desert island test, but I also suspect that level of
> scrutiny (clearly) violates their original intent.
On top, the folder's LICENSE.md - quoted completly:
These vector images are modified from the Nintendo DS Lite illustration
on dimensions.com. These have been used with the permission of the
copyright holders.
"We restrict the usage of our drawings and 3D models in commercial
software, but as long as it's a free and open source community project,
that would be approved. Any reference/backlink to Dimensions.com that
could be provided in the developer notes and/or credits for the project
would be sufficient for use."
https://www.dimensions.com/legal
the link has completly different content, e.g no extra rights on FOSS
projects, seems that they updated their
terms, but the license is clearly *much more* text than the quote above.
the current license (June 11, 2025) is also non-free, and if I
read it correctly has this:
"You cannot sell, repackage, or redistribute any of our SVG, DWG, JPG,
3DM, OBJ, or SKP files under any circumstance without consent from
Dimensions.com."
also:
Dimensions.com drawings cannot be incorporated or used to augment or
supplement any software or applications without prior consent from
Dimensions.com. This includes floor planning software, third party apps,
digital CAD libraries, online apps and interfaces, and other similar
formats. Please contact us to discuss options for use of our library
with your software.
There is also a Tentacle Of Evil clause …
(Even if I look at the wayback machine, I cannot find the license quote)
in the LICENSE.md)
> or maybe even a an email authorizing free use of the image within that package,
> although those conversations are an exercise in language and communication
> skills more than any legal discussion.
That could help to get permissions to have it in Debian.
(*within that package* still makes it non-free)
Personally, I think you should not ship those files.
> --
> Michael Lustfield
>
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