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Bug#700903: ITP: headoverheels -- remake of the classical game from the '80s



On Tue, Feb 19, 2013 at 9:09 AM, Fernando J. Rodríguez wrote:

>                     Vincent Penquerc'h (embedded alogg library)

Please ask upstream remove the embedded alogg library and package it separately.

> That being said, I have some concers about the legal status of the
> game's artwork.
> While the graphics have been drawn by the upstrem author himself, and
> licensed with the code as free software, they resemble very faithfully
> the original's, only with much higher resolution and colors.
> If they can be considered derived works of the original game, then they
> are very likely undistributable.

The definition of "derivative work", at least in the USA appears to
include "art reproduction" or "any other form in which a work may be
recast". Ultimately though, if the remake is a derivative work or not
is something that would only be definitively determined in court.

https://en.wikipedia.org/wiki/Derivative_work#Definition
https://en.wikipedia.org/wiki/Video_game_clone#Legal_aspects

> Also, the graphics are distributed as bitmaps in BMP format, and
> I'm not certain whether they are the actual source or not.

Since the BMP files typically do not include information about how
they were produced, you will need to contact upstream about this and
ask them if they have other forms available.

If the images look vectorish, you can bet that either SVG/etc are
being withheld or the author threw away the vector originals.

Here is some advice for upstream about choosing the right source form
for graphics and audio. It also serves as a good set of things to ask
about. The rest of the page is useful advice for upstream developers
of games.

http://www.freedesktop.org/wiki/Games/Upstream#Source

If you contact upstream, please also point them at our general upstream guide:

http://wiki.debian.org/UpstreamGuide

-- 
bye,
pabs

http://wiki.debian.org/PaulWise


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