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Bug#1025274: License question about sf2 soundfont in Tuxguitar



On Sat, Jan 14, 2023 at 11:02:46AM +0100, Helmar Gerloni wrote:
> Hello legal team,
> 
> I am trying to update the Tuxguitar package from version 1.2 to 1.5.6.
> 
> The new version includes the soundfont "Magic Sound Font v2.0". While
> Tuxguitar is licensed under LGPL-2.1+, the license of the soundfont file
> (MagicSFver2.sf2) is not 100% clear.
> 
> The issue was discussed in
> 
> https://bugs.debian.org/cgi-bin/bugreport.cgi?bug=819332
> https://sourceforge.net/p/tuxguitar/support-requests/13/
> 
> In the SF ticket, the Tuxguitar author states that the author of the
> soundfont, Dennis, "allowed us redistribute the soundfont with tuxguitar".  I
> tried to email Dennis to ask about the license of the soundfont, but did not
> receive a reply.
> 
> The soundfont file can also be downloaded as "free soundfont" in the
> "Community Audio" collection on archive.org:
> 
> https://archive.org/details/opensource_audio?query=free-soundfonts-sf2-2019-04
> https://archive.org/download/free-soundfonts-sf2-2019-04/MagicSFver2.sf2
> 
> There are already a few other sf2 soundfonts in Debian. sf2 files can be
> edited with open source soundfont editors like Polyphone, so the format
> should not be a problem.
> 
> Do you think it is possible to add the file MagicSFver2.sf2 to the Debian
> package, maybe under LGPL-2.1+, like the Tuxguitar sources? Or maybe as
> "public domain"?

Disclaimer: IANAL.
I don't think neither of the two is appropiate:
- That the upstream author allowed tuxguitar to distribute does not mean it is LGPL.
- You cannot claim it is "Public Domain" [2] without the consent of the author, and
  the link you pasted [1] says that the author "wants some credits", and a Public Domain
  licenses would allow me to drop those credits. 

The "Dennis allowed us redistribute the soundfont with tuxguitar" [1] could be
a tuxguitar specific license, and only to *distribute*. Unclear if it would
apply to us so, but would still be non-free. 

The  "But he never mentioned anything about license" [1] part, could be even a
"all rights reservered." otherwise.

I would drop the file and ship without if Dennis is not answering.


[1] https://sourceforge.net/p/tuxguitar/support-requests/13/ 
[2] Public Domain has other problems too, especiall outside of the USA. 
    For example, in my country, I could not place my work in "public domain",
    as my country does not allow me to surrender my own copyright. (any
    expression of me doing so would just be void).  The closest I can get is by
    using something like CC0.

-- 
tobi


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