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From: Gilles Tran
Subject: "Best" licences for POV-Ray models and scripts
Date: 1 Jul 2004 08:48:37
Message: <40e40825@news.povray.org>
Given the largely non-commercial nature of POV-Ray materials such as models
and SDL scripts, little attention has been given so far regarding the sort
of licences that would best protect the use and diffusion of such materials
(though I know that similar threads exist somewhere in the 50000 messages in
p.general...). However, with mesh modelers becoming more mainstream in the
POV-Ray community, it is becoming obvious that some POV-Ray material could
start to attain a true commercial value once converted to another format, so
the question is becoming a little more acute than before.

What sort of licence would best cover the most basic needs of the people who
would like to share freely what they create for POV-Ray while having some
minimal legal protection from potential abuse? These sort of questions have
been cropping up recently in my mailbox, so I'd be interested in hearing
what people think, for instance, of GPL
(http://www.gnu.org/copyleft/gpl.html), Creative Commons
(http://creativecommons.org/) or other similar systems in the particular
context of POV-Ray models and scripts.

Of course, people who are both POV-Ray users and lawyers specialised in
international IP law are particularly welcome!

G.

-- 

**********************
http://www.oyonale.com
**********************
- Graphic experiments
- POV-Ray and Poser computer images
- Posters


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From: Ross
Subject: Re: "Best" licences for POV-Ray models and scripts
Date: 1 Jul 2004 09:54:25
Message: <40e41791$1@news.povray.org>
"Gilles Tran" <tra### [at] inapginrafr> wrote in message
news:40e40825@news.povray.org...
> Given the largely non-commercial nature of POV-Ray materials such as
models
> and SDL scripts, little attention has been given so far regarding the sort
> of licences that would best protect the use and diffusion of such
materials
> (though I know that similar threads exist somewhere in the 50000 messages
in
> p.general...). However, with mesh modelers becoming more mainstream in the
> POV-Ray community, it is becoming obvious that some POV-Ray material could
> start to attain a true commercial value once converted to another format,
so
> the question is becoming a little more acute than before.
>
> What sort of licence would best cover the most basic needs of the people
who
> would like to share freely what they create for POV-Ray while having some
> minimal legal protection from potential abuse? These sort of questions
have
> been cropping up recently in my mailbox, so I'd be interested in hearing
> what people think, for instance, of GPL
> (http://www.gnu.org/copyleft/gpl.html), Creative Commons
> (http://creativecommons.org/) or other similar systems in the particular
> context of POV-Ray models and scripts.
>
> Of course, people who are both POV-Ray users and lawyers specialised in
> international IP law are particularly welcome!
>
> G.

I like the "Choose Liscense" form they have. this came up with what I
selected: http://creativecommons.org/licenses/by-nc/2.0/ although this
sounds reasonable as well http://creativecommons.org/licenses/by-nc-sa/2.0/

what about filing for a copyright in your country? is that usefull in any
circumstance? i think it only costs $30 in the US.


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From: ingo
Subject: Re: "Best" licences for POV-Ray models and scripts
Date: 1 Jul 2004 11:38:01
Message: <Xns9519B365D252Bseed7@news.povray.org>
in news:40e40825@news.povray.org Gilles Tran wrote:

> what people think, for instance, of GPL
> (http://www.gnu.org/copyleft/gpl.html),

I don't like it at all. The anarchist in mee sees it as "fighting back"
with the same wapons, the anarchist in me doesn't like fighting at all,
the anarchist in me is quite strong. 

> Creative Commons
> (http://creativecommons.org/) or other similar systems in the
> particular context of POV-Ray models and scripts.

The site only loads half for some reason. I think Greg mentioned it
once, I had a look then and it all seemed complicated then, but I don't
remeber exactly. 

As a user of models, I'd prefer something Public Domain, BSD or MIT
like. As a supplier of models / includes etc. I prefer Public Domain. 

Ingo


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From: Ross
Subject: Re: "Best" licences for POV-Ray models and scripts
Date: 1 Jul 2004 12:07:10
Message: <40e436ae@news.povray.org>
"ingo" <ing### [at] tagpovrayorg> wrote in message
news:Xns9519B365D252Bseed7@news.povray.org...
> in news:40e40825@news.povray.org Gilles Tran wrote:
>
> > what people think, for instance, of GPL
> > (http://www.gnu.org/copyleft/gpl.html),
>
> I don't like it at all. The anarchist in mee sees it as "fighting back"
> with the same wapons, the anarchist in me doesn't like fighting at all,
> the anarchist in me is quite strong.
>
> > Creative Commons
> > (http://creativecommons.org/) or other similar systems in the
> > particular context of POV-Ray models and scripts.
>
> The site only loads half for some reason. I think Greg mentioned it
> once, I had a look then and it all seemed complicated then, but I don't
> remeber exactly.
>
> As a user of models, I'd prefer something Public Domain, BSD or MIT
> like. As a supplier of models / includes etc. I prefer Public Domain.
>
> Ingo
>

you wouldn't mind if some model you created was picked up by some animation
house and used in a movie for their financial gain without giving any credit
to you at all? that's not a bad thing, it's just a decision i would want to
make consciously instead of just stamping Public Domain on everything i do.
i don't know the complete details of releasing something as Public Domain in
regards to giving credit to the person who created it.

i don't understand your stance on the GPL, well you didn't really describe
your stance. you just said you don't like it. what makes it so apalling to
you? it doesn't put any burden on the developer really, it just extends the
users rights (and burdens them with the responsibility of providing source
to those they redistribute the binary to, *if* they chose to redistribute
changes) if i understand the premise correctly.


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From: Christoph Hormann
Subject: Re: "Best" licences for POV-Ray models and scripts
Date: 1 Jul 2004 12:25:02
Message: <cc1dkb$907$2@chho.imagico.de>
Gilles Tran wrote:
> Given the largely non-commercial nature of POV-Ray materials such as models
> and SDL scripts, little attention has been given so far regarding the sort
> of licences that would best protect the use and diffusion of such materials
> (though I know that similar threads exist somewhere in the 50000 messages in
> p.general...). However, with mesh modelers becoming more mainstream in the
> POV-Ray community, it is becoming obvious that some POV-Ray material could
> start to attain a true commercial value once converted to another format, so
> the question is becoming a little more acute than before.

The GPL is not very suited for licensing something else than software 
because of its distinction between use of the program (which is 
completely free and unrestricted) and creation of derived works (which 
are bound to being licensed under GPL as well).  For a mesh or other 
kind of data this difference is not that clear, do you create a derived 
work if you use a mesh in an image? If you use an altered version of the 
mesh somewhere do you have to publish the changed variant?

When licensing data you usually focus on regulations what kind of uses 
are allowed and most often the focus is on how much the author gets 
credited/payed for this use.  For GPL like licenses for this purpose 
have a look at:

http://www.gnu.org/licenses/license-list.html#OtherLicenses

In the past there have been attempts in these newsgroups to introduce 
something like a default license for POV-SDL works, including proposals 
to automatically put all things posted on this server under such a 
license.  I would not recommend something like this because if people 
feel forced to a certain license scheme this will result in less people 
actually posting code which would be very bad IMO.

Coming back to the original question - if you want to license data and 
neither want to give it away completely free nor require everyone to pay 
for use the obvious middle ways are 'free for non-commercial use' 
(however you define that) or 'free for a limited time' (like shareware).

> What sort of licence would best cover the most basic needs of the people who
> would like to share freely what they create for POV-Ray while having some
> minimal legal protection from potential abuse?

I am not sure what you mean by abuse.  Using the data in a 
politically/ethically/... questionable context or using it to make a lot 
of $$$ without giving anything to you?

Christoph

-- 
POV-Ray tutorials, include files, Sim-POV,
HCR-Edit and more: http://www.tu-bs.de/~y0013390/
Last updated 01 May. 2004 _____./\/^>_*_<^\/\.______


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From: ingo
Subject: Re: "Best" licences for POV-Ray models and scripts
Date: 1 Jul 2004 14:13:36
Message: <Xns9519CDC5FC464seed7@news.povray.org>
in news:40e436ae@news.povray.org Ross wrote:

> you wouldn't mind if some model you created was picked up by some
> animation house and used in a movie for their financial gain without
> giving any credit to you at all?

I wouldn't mind at all.

> that's not a bad thing, it's just a
> decision i would want to make consciously instead of just stamping
> Public Domain on everything i do.

POV-Ray is not everything I do. Also there are thing I do in POV-Ray I 
will never publish, not even in altered form, not even the images. 

> i don't know the complete details
> of releasing something as Public Domain in regards to giving credit
> to the person who created it. 

It means you "can do what you want", no need to give credit.
 
> i don't understand your stance on the GPL, well you didn't really
> describe your stance. you just said you don't like it. what makes it
> so apalling to you? 

To give you an idea, from their FAQ:

"If a library is released under the GPL (not the LGPL), does that mean 
that any program which uses it has to be under the GPL? 
Yes, because the program as it is actually run includes the library."

...who am I to tell you, under what licence you should publish your part 
of the code?


Ingo


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From: Ross
Subject: Re: "Best" licences for POV-Ray models and scripts
Date: 1 Jul 2004 14:50:04
Message: <40e45cdc$1@news.povray.org>
"ingo" <ing### [at] tagpovrayorg> wrote in message
news:Xns9519CDC5FC464seed7@news.povray.org...
> in news:40e436ae@news.povray.org Ross wrote:
>
[snip]
>
> > i don't understand your stance on the GPL, well you didn't really
> > describe your stance. you just said you don't like it. what makes it
> > so apalling to you?
>
> To give you an idea, from their FAQ:
>
> "If a library is released under the GPL (not the LGPL), does that mean
> that any program which uses it has to be under the GPL?
> Yes, because the program as it is actually run includes the library."
>
> ...who am I to tell you, under what licence you should publish your part
> of the code?
>
>
> Ingo

(hypothetically) you are the developer of a GPL'd library I want to use.
that is good enough for me to abide by your liscense choice. If i don't like
it, I wouldn't use your GPL'd library. It's a reasonable tradeoff i think.
either i'd have to write my own, buy a license to use a library from a
vendor, or find one with less restrictions on use. none of these are any
better really, thankfully everyone is free to chose which suits them.

so do you use GPL'd software? or do you avoid it like the Plague? i'm just
curious how deep your feelings go.

personally, i believe that if someone is going to make money off work I did,
then I should get a little something in return, credit atleast. As far as I
know, BSD and MIT license have a clause similar to that in them (though the
end user may not even need to be using the license commercially in order to
be required to give credit?). If someone is not using my work commercially,
then credit would be appreciated, and if they aren't distributing any
results dependent upon my work, then i don't care if i ever hear about it.

Maybe my feelings are based in a subconcious desire for appreciation.
However, it seems that people would be tempted to abuse things found in the
public domain that aren't well known. By abuse, i mean repackage them
surreptitiously for personal gain.


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From: Shay
Subject: Re: "Best" licences for POV-Ray models and scripts
Date: 1 Jul 2004 15:06:26
Message: <40e460b2$1@news.povray.org>
Gilles Tran wrote:

So how does one go about licensing something? I guess I'm like Ingo on 
most things and "mine mine mine" on the remainder. Does this need to be 
somehow included in the image file? I've got a few pics on line, though 
somewhat hidden (not where you couldn't find them, I'm sure).

  -Shay


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From: Ross
Subject: Re: "Best" licences for POV-Ray models and scripts
Date: 1 Jul 2004 15:19:57
Message: <40e463dd$1@news.povray.org>
"Shay" <sah### [at] simcopartscom> wrote in message
news:40e460b2$1@news.povray.org...
> Gilles Tran wrote:
>
> So how does one go about licensing something? I guess I'm like Ingo on
> most things and "mine mine mine" on the remainder. Does this need to be
> somehow included in the image file? I've got a few pics on line, though
> somewhat hidden (not where you couldn't find them, I'm sure).
>
>   -Shay

for images, i think the copyright laws in your country might be sufficient
to maintain "mine mine mine" control over them. atleast to the degree that
the copyright laws extend such control. For other licenses restricting or
granting other rights to the user... most image formats contain fields for
metadata, or just plop some words in a text file in the directory those
images exist, or on a web page for those images. i'm not even close to
knowing the real laws on this, but that seems like reasonable action to
reveal your intents.


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From: ingo
Subject: Re: "Best" licences for POV-Ray models and scripts
Date: 1 Jul 2004 15:54:45
Message: <Xns9519DEECA7560seed7@news.povray.org>
in news:40e45cdc$1@news.povray.org Ross wrote:

> (hypothetically) you are the developer of a GPL'd library I want to
> use. that is good enough for me to abide by your liscense choice. 

For distributing a modified version of this library, yes. For using a 
library in a program, no. Think POV-Ray and a hypotheticla GPL'd png-
lib.

> so do you use GPL'd software? or do you avoid it like the Plague? i'm
> just curious how deep your feelings go.

Why should I compromise my own freedom, as long as it is software that 
does not make me put its output under GPL I use it.
 
> personally, i believe that if someone is going to make money off work
> I did, then I should get a little something in return, credit
> atleast.

That's personal indeed. For things "POV-Ray related" I couldn't care 
less what anybody does with the code I publish. Just seeing people use 
some of my includes gives me satisfaction enough, getting credit, or 
even money for it dos not make that satisfaction any bigger.
I have no problem with giving credit when using someone else's code, 
it's just a matter of politeness.

> Maybe my feelings are based in a subconcious desire for appreciation.
> However, it seems that people would be tempted to abuse things found
> in the public domain that aren't well known. By abuse, i mean
> repackage them surreptitiously for personal gain.

You can't abuse Public Domain :)

Ingo

p.s. Luckyly some people in France were wise enough to buy the 
photography patents and make them Public Domain. Sadly a highly 
intelligent american inventor was stupid enough to patent every possible 
aspect of his companies inventions, it is in very rough waters now.


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