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I'll attempt to summarise the discussions from this 'licensing' thread so
far and to draw some conclusions. It seems to me that we're moving towards a
general consensus on the main issues, so if we can address any remaining
concerns then we should hopefully be able to draw this part of the
discussion to a close pretty soon. Please feel free to comment if you think
I've got stuff wrong or if you just disagree with it.
The Plan.
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The intention is to have an area on povray.org where a collection of
objects, textures and include files, contributed by the POV-Ray community
can be held so that anyone can download and use them in their scenes. The
area will be split into two main parts with (1) an 'ad-hoc' area for new
submissions and (2) a 'standard' area where contributions adhere to certain
standards and to a common licensing structure.
Before any author/copyright owner can submit a contribution they must
confirm either (A) - that they authorise distribution under the common
license, or (B) that they have included a clear definition of their own
licensing terms in the work and a standard 'attribution-trap' in their SDL
to make sure people can't use it without knowing that it has strings
attached. Only work submitted using (A) - a common license - is eligible for
consideration for promotion into area (2) - the 'standard' area.
The License
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The terms for the common license should be as liberal as possible. The main
purpose being that the POV-Ray community can then freely enhance these
contributions over the years without having to get permission from previous
contributors who may now be uncontactable. It seems that we will probably
need separate provisions for licensing the source and for licensing the
resulting generated images.
The main candidate for a common license to cover the submitted Scene
Description Language files and things like height field files and input data
files, seems to be the LGPL (Lesser General Purpose License). This
introduces the concept of a 'library' which is defined as "a collection of
software functions and/or data prepared so as to be conveniently linked with
application programs (which use some of those functions and data) to form
executables.". This permits the library to be redistributed in original or
modified form under the same terms. Paragraph 7 includes the statement "You
may place library facilities that are a work based on the Library
side-by-side in a single library together with other library facilities not
covered by this License, and distribute such a combined library", which
seems to me to be consistent with what has been discussed.
The text of the LGPL does seem complicated to me and includes statements
that I don't fully understand the significance of, but the general spirit of
the license seems in line with our intentions. Is there anyone out there
with sufficient legal knowledge to advise on the detail of the LGPL and
whether we're likely to run into any difficulties if we used it for SDL,
height fields, data files etc?
The LGPL does not seem to me to explicitly cover images generated using the
library. I think the discussions in the thread implied that we want images
to become the property of the person using the files, as I believe is the
case with files distributed under the includes directory of POV-Ray. I think
we need to be explicit about generated images, otherwise I think it leaves
the use of the files unclear. Maybe we could actually use the POV-Ray
license for this by simply stating that generated images come under those
same terms.
A potential alternative to the LGPL is the Creative Commons Attribution
license which seems to be oriented more towards the artistic community. It
allows modification and redistribution without forcing others to distribute
derivative works under the same terms, but does include the provision that
credit needs to be given to the author. The general feeling seemed to be
that giving credit should not be an absolute requirement of the license. The
LGPL seems to be the one favoured by most contributors to this thread.
Has anyone come across any other licenses that you believe would cover the
requirements we've discussed any better than either of these?
Other Stuff
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Authors can add comments into their work to describe the extent of their
contribution. Also, if the copyright for the original work remains with the
author, then I don't see any reason why they can't also include a copyright
notice in the comments (alongside the license statement). Anyone using the
contribution would be free to decide the appropriateness of maintaining the
list of credits within those SDL comments. If we ever end up with a 5 line
contribution containing 200 lines of credits, then someone can do a tidy-up.
We discussed a concern that someone could publish and make money out of our
work without making any significant changes to our contribution and without
giving us any credit, but the general consensus seemed to be that, although
we may get a bit miffed and be a bit grumpy with our friends and family for
a few days, we'll otherwise live with that.
One question open in my mind (because IANAL), is, if the image generated
becomes the property of the user, is there any danger that someone could
incorporate our works in a way that could prevent others from using it. For
example, could they use the image of a contributed object as part of a
trademark, or in an advert that associates the object with a well-known
product and thereby constrains people from using anything resembling their
trademark or any image that might be associated with their brand?'
Regards,
Chris B.
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