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Licensing question

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Licensing question

Postby legoboyvdlp » Thu Jun 08, 2017 11:07 am

Hi there,
I have a quick question about licensing:

I have downloaded a sound pack (for FSX) for the A320 project we are working on. As you might know, our aim is to eventually submit it to FGADDON. However, I am not quite clear about whether we can use this sound pack: I have already asked him via private email for permission to release the files under the GNU GPL and am waiting for a response.

The README of the sound pack states:
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You may download and use these files free subject to the following conditions:

1. The user, by downloading any of these files, agrees that we are not responsible or liable for any problems these files may create and that NO guarantee or warranty is implied or given that these add-ons are suitable or will work on any particular system or version of  MS Flight Simulator.

2. These files are freeware and no person may make money from them.

3. No person may use any part of this creation for ANYTHING that is copy-right protected in any way. Let's keep our creations free and encourage others to improve on it for free usage by all.

4. Do not upload these sounds to a website that requires you have to pay for membership.

5. Feel free to modify the sounds to your personal specification but do not upload without notifying me first.

Date: July 6th, 2013


I have notified him that this may mean that people may make money from them.


Should he deny our request, due to his non-commercial request, would (with his permission) making all the XML declarations for the sound pack in a separate sound file, with which the reader could replace the original sound file, and a link to download the sound pack be acceptable in FGADDON and under the terms of the GNU GPL 2.0?

That is, could we legally make an XML file that would work with this soundpack and provide a link to download the sounds with the owner's permission?

Thanks,
Jonathan
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Re: Licensing question

Postby CaptB » Thu Jun 08, 2017 11:55 am

You can make your model ready to use the sounds, however you cannot include those sounds under the same license with the model. A seperate download should be fine, even a script that would do the download automagically is fine, I think this is what some linux distributions do with non free codecs and such.
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Re: Licensing question

Postby legoboyvdlp » Thu Jun 08, 2017 12:10 pm

I understand, thank you @CaptB.
Oh, and by the way, nice job on the 767. It has taken a while, but it looks awesome!
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Re: Licensing question

Postby CaptB » Thu Jun 08, 2017 12:30 pm

It is best to have some default sounds to fall back to in case the user decides not to download the non-free sounds. Also, you can use the open-browser command to get the user to download the files manually if you do not want to have any scripts to do the work.

Thanks about the 767, a lot of 3D work still ahead of me.
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Re: Licensing question

Postby legoboyvdlp » Thu Jun 08, 2017 12:51 pm

I have that. The user will have to manually change the properties, unless I can add XML conditions for an ACCONFIG dialog box option.
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Re: Licensing question

Postby bugman » Thu Jun 08, 2017 2:10 pm

The provisions are almost all GPL-incompatible:

Code: Select all
1. The user, by downloading any of these files, agrees that we are not responsible or liable for any problems these files may create and that NO guarantee or warranty is implied or given that these add-ons are suitable or will work on any particular system or version of  MS Flight Simulator.


This is ok.

Code: Select all
2. These files are freeware and no person may make money from them.


This is clearly GPL-incompatible.

Code: Select all
3. No person may use any part of this creation for ANYTHING that is copy-right protected in any way. Let's keep our creations free and encourage others to improve on it for free usage by all.


GPL content is copyright protected, the GPL and any other licence relies on copyright to function. Funnily, this clause is a contradiction to how this person is licensing their content - it is not public domain and copyright is required for these licensing terms to be valid.

Code: Select all
4. Do not upload these sounds to a website that requires you have to pay for membership.


Not sure if this is GPL-incompatible or not.

Code: Select all
5. Feel free to modify the sounds to your personal specification but do not upload without notifying me first.


This doesn't work with the GPL. You'll have to wait for a response from the person. If they are still around my experience is, that with such a licence, they'll be happy to allow for it to be GPL licensed.

Regards,
Edward
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Re: Licensing question

Postby legoboyvdlp » Thu Jun 08, 2017 2:23 pm

My question was not whether I could release them under the GNU GPL, but whether I could create an XML file (my own work, which would be under the GPL) which would work with the sounds, and then add a link for people to download the sounds and change their sound paths to the XML file.
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